CLUB LEGENDS Ltd
TERMS AND CONDITIONS OF TRADING
In these conditions, unless the context requires otherwise:
1.1 ‘Buyer’ means the person or organisation who buys or agrees to buy goods from the Seller
1.2 ‘Conditions’ means the terms and conditions of sale set out in this document
1.3 ‘Delivery Date’ means the date specified by the Seller when the goods are to be delivered;
1.4 ‘Goods’ means the articles and standard pieces of equipment which the Buyer agrees to buy from the Seller
1.5 ‘Price’ means the price of the Goods excluding if applicable carriage, packing and insurance
1.6 ‘Seller’ means Club Legends Limited whose Registered Office is at 1 Richmond, Whitley bay, Tyne & Wear (Company number 09695230).
- Applicable Terms
2.1 These Conditions shall apply to all contracts for the purchase of Goods by the Buyer from the Seller to the exclusion of all other terms and conditions.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
- Price and Payment
3.1 The Price of the Goods shall be the Seller’s quoted price as per the web shop
3.2 All prices quoted or listed by the Seller are inclusive of Value Added Tax
3.3 Payment will be made upon placing an order via the web shop, acceptance of an order will be dependent on full payment being received.
- Delivery of the Goods
4.1 Delivery of the Goods shall be free of charge and delivered directly to the Club House or team manager within 18 days from recipt of order. All orders after this time period will be shipped direct and freight chargeable.
4.2 The Seller reserves the right to make deliveries by instalments in all cases. Where Goods are delivered by instalment, the Buyer shall not be entitled to treat delivery of one or more instalment as defective delivery or to accept repudiation of the Contract nor to defer payment for any previous instalment.
4.3 Delivery times and dates quoted by the Seller, its employees or agents are estimates only.
4.4 The Seller shall not be liable for any loss or damage (including without limitation loss of profits and/or consequential losses and/or direct and/or indirect losses) arising from any delay in delivery of the goods howsoever caused.
4.5 If no delivery of the goods is made by the Seller at all as a result of any cause beyond the Seller’s reasonable control or as a result of the Buyer’s fault, the Seller shall not be liable for any loss or damage (including without limitation loss of profits and/or consequential losses and/or direct and/or indirect losses).
4.6 If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery information or instructions at the time stated for delivery then provided that this was not caused by circumstances beyond the Buyer’s reasonable control and was not caused by the Seller’s fault, the Seller may store the goods until delivery and charge the Buyer for the reasonable costs of storage
- Title and Risk
5.1 Whether delivery has or has not taken place, property in the Goods shall not pass from the Seller until the Buyer has paid the Price plus VAT in full; and
(b) no other sums whatever are due from the Buyer to the Seller.
- Inspection of Goods and Defective Goods
6.1 The Buyer shall inspect the Goods immediately upon delivery and within seven (7) days of delivery shall give notice to the Seller of any alleged shortages in the Goods or of any damage to or defect in the Goods. If the Buyer shall fail to give such notice then the Goods shall be conclusively presumed to be in accordance with these Conditions in all respects and the Buyer shall not (subject to clause 6.2) thereafter be entitled to reject the Goods or to claim from the Seller in respect of any shortage, damage or other defect in the Goods.
6.2 In the case of damage or other defect in the Goods which was not apparent on reasonable inspection, notice shall be given to the Seller within thirty (30) days after discovery of the damage or other defect, otherwise clause 6.1 shall apply.
6.3 In the event that Goods are defective and the damage or other defect complained of shall have arisen as a result of the negligence of the Seller, and the Buyer has notified the fact of damage or defect to the Seller in accordance with clause 6.1 or 6.2, then the Seller shall refund to the Buyer the Price in respect of the defective Goods or cancel the liability of the Buyer to pay the said Price, provided that where this is possible the Seller may instead opt to replace the defective Goods free of charge.
6.4 If there is a fault with the Goods photographic images, details of the fault must be emailed to the Seller at firstname.lastname@example.org within seven (7) days. The Seller will arrange collection of the Goods, or alternatively the Buyer may return the Goods whereby the Seller will reimburse the Buyer the costs of returning the Goods up to a maximum of £20 subject to sight of a receipt concerning the costs of the return. It is the Buyer` s responsibility to ensure the Goods are properly packaged for the return to the Seller. The Seller is unable to accept responsibility for damage to Goods which are damaged in transit if they have not been properly packaged. The Seller will only arrange collection on one occasion per item. Additional collection appointments will be charged at the rate of £12.50 to cover the Seller` s cost of collection
- Seller’s Warranties
8.1 The Seller warrants that all Goods sold shall be free of defects on materials and workmanship and shall be of satisfactory quality and fit for the purpose for which they have been purchased. The Seller makes every effort to ensure that the colour of the Goods is as close as possible to the colour required, however cannot warrant an exact colour match. The Seller warrants that any variation will be within tolerances accepted by industry standards.
- Limitation of Liability
9.1 In no circumstances shall the Seller be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof for:-
9.1.1 any increased costs or expenses, or
9.1.2 any loss of profit, business, contracts, revenues or anticipated savings or any liability of the Buyer to any third party, or
9.1.3 any special and/or direct and/or indirect and/or consequential damage or losses of any nature whatsoever arising directly or indirectly out of the provision by the Seller of the Goods or of any failure or defect therein, or of the performance, non-performance or delayed performance by the Seller of these Conditions.
9.2 subject to clause 9.4, the Seller’s liability to the Buyer in respect of the contract entered into between the Buyer and the Seller in contract, tort (including negligence or breach of statutory duty) or howsoever otherwise arising, shall be limited to the price.
9.3 where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale.
9.4 nothing in the conditions shall be construed so as to operate to exclude or restrict:-
(a) the liability of the Seller for death or personal injury resulting from the negligence of the Seller or its employees or agents;
(b) the statutory rights of the buyer where these conditions are entered into as a consumer transaction as defined in the Consumer Transaction (Restriction on Statements) Order 1975 (as amended).
- Force Majeure
10.1 The Seller shall not be liable to the Buyer or be deemed to be in breach of contract by reason of any delay in performing or any failure to perform any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control:
(a) Act of God, explosion, terrorism, flood, tempest, fire or accident;
(b) War or threat of war, sabotage, insurrection, civil disturbance or requisition;
(c) Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the
part of any governmental, parliamentary or local authority;
(d) Import or export regulations or embargoes;
(e) Strikes, lock-outs or other industrial actions or trade disputes (whether involving
employees of the Seller or of a third party);
(f) Difficulties in obtaining raw materials, labour, fuel, parts of machinery;
(g) Power failure or breakdown in machinery.
11.1 If any claim is made against the Buyer that the Goods infringe or that their use or resale infringes the patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person, the Seller shall indemnify the Buyer against all loss, damages, costs and expenses awarded against or incurred by the Buyer in connection with the claim, or paid or agreed to be paid by the Buyer in settlement of the claim, provided that:
(a) the Seller is given full control of any proceedings or negotiations in connection with any such claim;
(b) the Buyer shall give the Seller all reasonable assistance for the purposes of any such proceedings or negotiations;
(c) except pursuant to a final award, the Buyer shall not pay or accept any such claim or compromise any such proceedings without the consent of the Seller (which shall not be unreasonably withheld);
(d) the Buyer shall do nothing which would or might vitiate any policy of insurance or insurance cover which the Buyer may have in relation to such infringement and this indemnity shall not apply to the extent that the Buyer recovers any sums under any such policy or cover (which the Buyer shall use its best endeavours to do);
(e) the Seller shall be entitled to the benefit of, and the buyer shall accordingly account to the Seller for, all damages and costs (if any) awarded in favour of the Buyer which are payable by or agreed with the consent of the Buyer (which consent shall not be unreasonably withheld) to be paid by any other party in respect of any such claim; and (f) without prejudice to any duty of the Buyer at common law, the Seller shall be entitled to require the Buyer to take such steps as the Seller may reasonably require to mitigate or reduce any such loss, damages, costs or expenses for which the Seller is liable to indemnify the Buyer under this clause.
- Third Party Rights
The provisions of the Contracts (Rights of Third Parties Act) 1999 shall not apply to this contract and a person who is not a party to this contract shall have no right under that Act to enforce any term of the contract.
13.1 These Conditions shall supersede any previous terms and conditions of trading entered into between the Buyer and Seller.
13.2 No failure of or delay by the Seller to exercise any right, power, remedy or privilege shall operate as a waiver of the same. No waiver by the Seller of any breach of any term of these Conditions by the Buyer shall be construed as a waiver of any prior or subsequent breach of the same or any other term of these Conditions.
13.3 If any provision of these Conditions is held by any court or competent authority to be invalid or unenforceable in whole or in part then the validity of the rest of these Conditions and the remainder of the provision in question shall not be affected thereby.
- Consumer Protection (Distance Selling) Regulations 2000
14.1 If you are a consumer based in the UK or the European Union you have the legal right to cancel your Order within seven (7) working days following your receipt of the Goods under the Consumer Protection (Distance Selling) Regulations 2000. Refunds will be processed under the Regulations in accordance with your legal rights. These Regulations do not apply to made to measure Goods and personalised Goods.
- Choice of law and jurisdiction
Any dispute or claim arising between the parties hereto shall be governed and construed according to English law and shall be subject to the exclusive jurisdiction of the English courts.