Part 1 Definitions
1. Customer is the individual or organisation who buys the goods from the seller
2. Consumer has the meaning defined in section 12 of the Unfair Contract Terms Act 1977
3. Contract means the contract between the seller and the customer for the sale and purchase of goods incorporating these Terms and Conditions.
4. Goods are the articles that the customer agrees to buy from the seller.
5. The Seller is Physical Sports Limited, 17 Dam Road, Barton Upon Humber, DN18 5AS.
6. Terms and Conditions means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the seller
Part 2 Conditions
1. Nothing in these Terms and Conditions shall affect the Customers statutory rights as a consumer.
2. The Terms and Conditions will apply to all contracts for the sale of goods by the seller to the customer and will prevail over any other documentation or communication from the customer.
3. Acceptance of delivery of goods shall be deemed conclusive evidence of the customer’s acceptance of these Terms and Conditions.
4. Variation of the Terms and Conditions including any special terms and conditions agreed between the parties will not apply unless agreed in writing by the seller.
Part 3 Ordering
1. Any order for goods shall be deemed to be an offer by the customer to purchase goods under these Terms and Conditions and are subject to acceptance by the seller. The seller may choose not to accept an order for any reason.
2. Where the goods ordered by the customer are not available for any reason the customer shall be given the option to wait until the goods are available or cancel the order and receive a full refund within 28 days.
*The technical steps the customer needs to take when making an order through the website are described in the order process section on the website.
Part 4 Payment and Price
1. The price of the goods shall be that stipulated by the seller. The price is inclusive of V.A.T. The price excludes delivery charges.
2. The total purchase price and delivery charges including V.A.T., if any, will be displayed clearly before the customer confirms the order.
3. After the order is received the seller will confirm by e-mail the details description and price of the goods together with information on the right to cancel if the customer is the consumer.
Part 5 Rights of the seller
1. The seller reserves the right to adjust the price and specification of any item offered for sale on the website at its discretion.
2. The seller reserves the right to withdraw any item from the website at any time.
3. The seller shall not be liable to anyone for withdrawing any goods from the website or for refusing an order.
4. Where goods may only be purchased by persons of a certain age the customer will be asked to declare that they are the correct legal age to be able to purchase the goods when placing an order.
Part 6 Warranty
1. The seller warrants that the goods will, at the time of dispatch, correspond to the description given by the seller. Except where the customer is dealing as a consumer all other warranties, conditions or terms relating to the fitness for purpose, merchantability or condition of the goods whether implied by statute, common law or otherwise are excluded and the customer is satisfied as to the suitability of the goods for the customer’s purpose.
Part 7 Delivery
1. Goods supplied within the U.K. will normally be delivered within 2-5 working days of acceptance of an order.
2. Goods supplied outside the U.K. will normally be delivered within 3-7 working days from acceptance of an order.
3. Where a specific delivery date has been agreed and where this delivery date cannot be met the customer will be notified and given the opportunity to agree a new delivery date or receive a full refund within 7 working days.
4. The seller will use reasonable endeavours to meet any date agreed for delivery. Time of delivery shall not be of the essence and the seller shall not be liable for any losses, costs, damages or expenses incurred by the customer or any third party arising directly or indirectly out of any failure to meet estimated delivery dates.
5. Delivery of goods shall be made to the customers address specified in the order and the customer will make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery.
*The title and risk in the goods shall pass to the customer on delivery of the goods.
Part 8 Cancellation and Return
1. The customer must inspect the goods on receipt and shall notify the seller at email@example.com or telephone 01943 662155 within 2 working days of delivery if the goods are damaged or do not comply with any of the contract. If the customer fails to meet this requirement the customer will be deemed to have accepted the goods.
2. Where a claim of defect or damage is made the goods shall be returned by the customer to the seller. The customer shall be entitled to a full refund including delivery costs, plus any return postal charges if the goods are defective.
3. If you are a consumer you have the right in addition to your other rights to cancel the contract and receive a refund by informing the seller at firstname.lastname@example.org or telephone 01943 662155 within 14 working days of the receipt of the goods.
4. Goods must be returned at the customer’s expense and should be adequately insured during the return journey. The customer will receive a refund of all monies paid for the goods including delivery charges if any except for return postal charges within 28 days of cancellation. If the customer fails to return the goods following cancellation the seller shall be entitled to deduct the cost of recovering the goods from the customer.
5. The goods to be returned must clearly show the order number obtained from the seller on the package.
6. Where returned goods are found to be damaged due to the customers fault the customer will be liable for the cost of remedying such damage.
Part 9 Limitation of Liability
1. Except as may be implied by law where the customer is dealing as a consumer in the event of any breach of these Terms and Conditions by the seller the remedies of the customer shall be limited to damages which shall in no circumstances exceed the price of the goods and the seller shall under no circumstances be liable for any indirect incidental or consequential loss or damage whatever.
2. Nothing in these Terms and Conditions shall exclude or limit the liability of the seller for death or personal injury resulting from the negligence of the seller or that of the seller’s agents or employees.
Part 10 Waiver
1. No waiver by the seller whether express or implied in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
Part 11 Force Majeure
1. The seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control including but not limited to acts of God, strikes, lock outs, accidents, war, fire, flood, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply and the seller shall be entitled to a reasonable extension of its obligations.
Part 12 Severance
1. If any term or provision of these Terms and Conditions is held invalid illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
Part 13 Governing Law and Jurisdiction
1. These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English Courts.