Domestic UK Goods Online Shopping Terms
1 DEFINITIONS AND HEADINGS
1.1 "Buyer" means the individual or organization who places an Order for Goods on the Seller’s Website.
1.2 "Consumer" shall mean a Buyer who is buying Goods for his own personal use or need.
1.3 "Contract" means the contract between the Seller and the Buyer for the sale
and purchase of Goods concluded on these Terms and Conditions;
1.4 “Dispatch Confirmation Email” means the email sent by the Seller confirming dispatch of ordered Goods.
1.5 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.6 “Law” means all statutes, rules, regulations (including codes and standards), treaties, ordinances, of any governmental body, agency, or authority, and all judgments, decrees, injunctions, writs, orders and/or stipulations of any court, or governmental body, agency or authority to the extent that such court, body, agency or authority has jurisdiction over the performance of the Contract.
1.7 “Order” means the order submitted by the Buyer in accordance with the electronic process on the Seller’s Website.
1.8 “Order Acknowledgement Email” means an email sent by the Buyer to the Seller acknowledging receipt of the Buyer’s Order.
1.9 "Seller" means Star Sport Development Ltd
1.10 "Terms and Conditions" means the any or all of the terms and conditions of sale set out in this document and any terms implied by Law.
1.11 “Website” means www.uk-racketball.com
1.12 “Working Day” means any day excluding bank holidays and weekends.
The Headings in these Terms and Conditions are inserted for convenience only and shall not be referred to in the interpretation of the Terms and Conditions.
2 TERMS AND CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all Contracts for the sale of Goods by the Seller to the Buyer for delivery in the UK and shall prevail over any other documentation or communication.
2.3 Submission of the Order by the Buyer shall be deemed conclusive evidence of the Buyer’s willingness to abide by these Terms and Conditions.
3.1 All Orders for Goods are an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions.
3.2 All Orders will be acknowledged by an Order Acknowledgement Email sent by Seller to the Buyer, within a reasonable time from the Seller’s receipt of the Order.
3.3 All Orders are subject to acceptance by the Seller, such acceptance being when the Seller sends his Dispatch Confirmation Email to the Buyer.
3.4 Any goods on the same Order that have not been confirmed in the Dispatch Confirmation Email do not form part of the Contract.
3.5The Seller reserves the right, prior to sending the Dispatch Confirmation Email:
3.5.1 not to accept an Order for any reason.
3.5.2 to adjust the price and/or specification of any item on the Website at its discretion.
3.5.3. to withdraw any goods from the Website.
The Seller shall have no liability for such non acceptance, adjustment or withdrawal, except in so far as the Seller shall be obliged to inform the Buyer by email and substitute other Goods as agreed by both the Buyer and the Seller or make a refund to the Seller of any monies paid prior to the non acceptance, adjustment or withdrawal.
4 PRICE AND PAYMENT
4.1 The price of the Goods shall be that stipulated on the Seller’s Website. The price includes VAT and a standard delivery charge.
4.2 The identity of the Seller and the Seller’s address, a description of the main characteristics of the Goods, the total purchase price, and taxes including VAT, the standard delivery charge, arrangements for payment, arrangements for delivery and where applicable a right of cancellation will be displayed in the Buyer’s shopping cart prior to confirming the order. All payments will be made in GBP £’s Sterling.
4.3 In the case of all sales, payment of the Price plus VAT and the standard delivery charge must be made in full through the secure Pay Pal payment system on the Website.
5.1 Deliveries will not be made outside the UK. Time is not of the essence in respect of delivery. Goods will be delivered within a reasonable period of time.
5.2 Deliveries will be made on Working Days only and reasonable delivery times will be calculated using Working Days only.
5.3 Where the Goods ordered by the Buyer cannot be delivered within a reasonable time from the Order Acknowledgement Email the Buyer will be notified in the Order Acknowledgement Email that the Buyer has an option to offer to purchase the Goods when available for dispatch.
5.4 Delivery of the Goods shall be made to the Buyer’s delivery address specified in the Order Acknowledgement Email.
6 RISK AND TITLE
6.1 Title to the Goods transfers to the Buyer at the time that the Dispatch Confirmation Email is sent.
6.2 Risk in the Goods transfers to the Buyer on receipt of the Goods.
The Seller warrants that on dispatch the Goods will correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to satisfactory quality of the Goods, whether implied by Statute, common law or otherwise are excluded
8 DATA PROTECTION
8.1 All personal data about the Buyer obtained by the Seller in connection with any Order will be treated in accordance with statutory requirements.
8.2 The Seller may retain information, including but not limited to emails, text messages, letters and personal data in connection with Orders the Buyer places over the Website. Emails, text messages and letters may be used for marketing purposes but shall be withdrawn within a reasonable time of any written request from the Buyer received by the Seller at the Seller’s email address displayed in the Buyer’s shopping cart.
8.2The Seller may gather and retain information including personal data about the Buyer’s use of the Website including but not limited to the browser type, operating system, IP address and Internet domain through which the Buyer accesses the Website.
8.3 The Seller may use surveys or competitions to ask the Seller for voluntary demographic information which may include but will not be limited to postal code, age, or income level.
8.4 Any information retained will only be used for the purpose of processing an Order or providing or improving the service provided by the Seller to the Buyer and such information will only be provided to carefully chosen third parties on an aggregated anonymous basis. The use made by third parties of such aggregated anonymous information is subject to the third parties policy on data protection. The Seller has no responsibility for the data protection practices of those third parties. The Buyer is entitled to opt out of allowing information to be provided to third parties by a written request from the Buyer received by the Seller at the Seller’s email address displayed in the Buyer’s shopping cart.
8.5 Personal contact details may be used by the Seller to make contact with the Buyer when necessary for the purpose of completing an Order or for notification with competition details.
8.6 The Buyer registers to receive newsletters and other marketing information from the Seller when it places an Order. The Buyer is entitled to opt-out of receipt of such newsletters and marketing information by sending an email to the Seller’s email address displayed in the Buyer’s shopping cart.
8.7 The Buyer’s credit/debit card information is transferred directly to Pay Pal using secure encryption technology. The Seller does not see or retain the Buyer’s payment details.
8.8 The Seller has security measures in place to protect the Buyer database and access to this database is restricted internally.
8.9 If the Seller wishes to view information or personal data or obtain a description of such information or data previously provided, the Seller may send an email to the Seller’s email address displayed in the Buyer’s shopping cart and responses will be made in a reasonable period of time.
8.10 Information and personal data will only be retained for as long as is necessary for the purposes to which the Seller consents under these Terms and Conditions.
9 CANCELLATIONS AND RETURN
9.1 In so far as the Law permits and subject to clause 9.2, this sub clause 9.1 sets out the only grounds under which a Buyer may cancel Goods after receipt. Within seven (7) Working Days of the day after the receipt of the Goods and without giving any reason, the Buyer who is a Consumer is entitled to cancel the contract by email to the Seller’s email address displayed in the Buyer’s shopping cart. The Buyer shall return the Goods undamaged and at the Buyer’s cost (including insurance) to the Seller at the Seller’s email address displayed in the Buyer’s shopping cart. Subject to sub clause 9.2 if the Buyer does not act in accordance with the provisions of this Clause 9.1 the Buyer shall be deemed to have accepted the Goods.
9.2 The Seller does not provide warranties that exceed the benefit of any warranty the Seller receives from its suppliers. Where the Buyer alleges a defect or damage is covered by the supplier’s warranty the Buyer shall, within seven (7) Working Days of the day after the appearance of the alleged defect or damage in the Goods, send an email to the Seller at the Seller’s email address displayed in the Buyer’s shopping cart stating the alleged defect or damage. The Buyer shall also return the Goods at the Buyer’s cost, including insurance, to the Seller at the address displayed in the Buyer’s shopping cart. If the Seller agrees, at its sole discretion, that the Goods are damaged or defective and that the Goods are covered by the terms of the applicable supplier’s warranty then the Buyer will be entitled to the rights stated under such warranty.
9.3 Save as allowable by Law, and save as stated in this clause 9.2 and sub clause 10.1 the Seller shall have no further liability under statute, in contract or in tort, (including negligence) or otherwise in respect of damage or defect in the Goods.
9.4 Goods will only be accepted as a return under this Clause 9 if if they are returned in original packaging with proof of purchase
and with the order confirmation number obtained from the Seller on the packaging.
10 LIMITATION OF LIABILITY
10.1 To the extent allowable in accordance with the Law, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and VAT (including delivery costs) plus any return postal charges and insurance paid by the Buyer. The Seller shall under no circumstances be liable for any pure economic losses, except for those expressly allowed under this Terms and Conditions, or for any indirect, loss or damage whatever and however caused.
10.2 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.
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.
12 FORCE MAJEURE
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, breakdown of plant or machinery or shortage or unavailability of raw materials and the Seller shall be entitled to a reasonable period of time to carry out its obligations under these Terms and Conditions taking into account the events outside its control.
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 Terms and Conditions shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
14 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time until the Dispatch Confirmation Email provided that this right shall not affect any specific Terms and Conditions that have come into effect following the placement of the Order by the Buyer.
15 GOVERNING LAW AND JURISDICTION
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.