Terms and Conditions
INFORMATION
ABOUT PURE-SPORTS.CO.UK – pure-sports.co.uk is a site operated by Pro4Sport Limited. (we). We are
registered in England and Wales under company number 06221919 and with our
registered office at:-
Pro4Sport,
Unit 3b,
Broom Business Park,
Sheepbridge,
Chesterfield,
S41 9QG
United Kingdom.
Our main trading address is:-
Unit 3b,
Broom Business Park,
Sheepbridge,
Chesterfield,
S41 9QG
United Kingdom.
You can visit and make purchases at our premises during our normal trading
hours. Our VAT number is 911339055.
YOUR
STATUS - By
placing an order through our site, you warrant that you are legally capable of
entering into binding contracts.
PRICES – The price of any Products will
be as quoted on our site from time to time, except in cases of obvious error.
These prices include VAT but exclude delivery costs. Prices are liable to
change at any time, but changes will not affect orders in respect of which we
have already sent you a Despatch Confirmation.Our site contains a large number
of Products and it is always possible that, despite our best efforts, some of
the Products listed on our site may be incorrectly priced. We will normally
verify prices as part of our dispatch procedures so that, where a Product's
correct price is less than our stated price, we will charge the lower amount
when dispatching the Product to you. If a Product´s correct price is higher
than the price stated on our site, we will normally, at our discretion, either
contact you for instructions before dispatching the Product, or reject your
order and notify you of such rejection. We are under no obligation to provide
the Product to you at the incorrect (lower) price, even after we have sent you
a Despatch Confirmation, if the pricing error is obvious and unmistakeable and
could have reasonably been recognised by you as a mis-pricing.Payment for all
Products must be by credit or debit card. We accept payment with Visa,
Mastercard, Maestro and Switch.
CREDIT
FACILITIES - We
regret that we cannot offer any credit facilities for internet sales. However,
trade customers such as schools, colleges and other authorities may be offered
this facility against official orders that are received by post, fax and
telephone. Please note that these orders will be despatched as soon as possible
on the understanding that payment will be made within 7 days of date of
invoice. Continuation of this facility will only be maintained where strict
observance of our terms of payment is adhered to.
HOW THE
CONTRACT IS FORMED BETWEEN US - After placing an order, you will receive an e-mail
from us acknowledging that we have received your order. Please note that this
does not mean that your order has been accepted. Your order constitutes an
offer to us to buy a Product. All orders are subject to acceptance by us, and
we will confirm such acceptance to you by sending you an e-mail that confirms
when the Product will be Despatched (the Despatch Confirmation). The contract
between us (Contract) will only be formed when we send you the Despatch Confirmation.
Please note that this is only possible where you have submitted a valid e-mail
address with your order. Should you fail to receive a Despatch Confirmation
within five working days of submitting your order please call our customer
service team on 01246 266 288 or e-mail customerservices@puresports.com.The
Contract will relate only to those Products whose dispatch we have confirmed in
the Despatch Confirmation. We will not be obliged to supply any other Products
which may have been part of your order until the despatch of such Products has
been confirmed in a separate Despatch Confirmation.
TITLE – Ownership of the Products will
only pass to you when we receive full payment of all sums due in respect of the
Products, including delivery charges. The Products will be at your risk from
the time of delivery.
OUR
STATUS - We may
also provide links on our site to the websites of other companies, whether
affiliated with us or not. We cannot give any undertaking, that products you
purchase from third party sellers through our site, or from companies to whose
website we have provided a link on our site, will be of satisfactory quality,
and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does
not affect your statutory rights against the third party seller. We will notify
you when a third party is involved in a transaction, and we may disclose your
customer information related to that transaction to the third party seller.
CONSUMER
RIGHTS - If you
are contracting as a consumer, you may cancel a Contract at any time within
seven working days, beginning on the day after you received the Products. In
this case, you will receive a full refund of the price paid for the Products in
accordance with our refunds policy (set out in our refunds policy below). To
cancel a Contract, you must inform us in writing. You must also return the
Product(s) to us immediately, in the same condition in which you received them,
and at your own cost and risk. You have a legal obligation to take reasonable
care of the Products while they are in your possession. If you fail to comply
with this obligation, we may have a right of action against you for
compensation.You will not have any right to cancel a Contract for the supply of
any of the following Products:
Details
of this statutory right, and an explanation of how to exercise it, are provided
in the Despatch Confirmation. This provision does not affect your statutory
rights.
ADDITIONAL
RIGHTS TO CANCEL – We offer
you rights over and beyond your statutory consumer rights. We offer a “no
quibble” refund policy for any goods (other than those listed as not being able
to be cancelled in our consumer rights section) for any goods returned at your
own cost and your own risk within 14 days of receipt so long as they are
in perfect condition and fit for re-sale at their full selling price. This does
not effect your statutory rights.
AVAILABILITY
AND DELIVERY – The vast
majority of orders will be shipped on the next working day (the despatch date
will set out in the Despatch Confirmation). If no despatch date is specified,
then despatch will be made within one week unless there are exceptional
circumstances. You will be contacted if delivery is to be delayed.
OUR
LIABILITY - We
warrant to you that any Product purchased from us through our site is of
satisfactory quality and reasonably fit for all the purposes for which products
of the kind are commonly supplied.
Our liability for losses you suffer as a result of us breaking this agreement
is strictly limited to the purchase price of the Product you purchased.
This does not include or limit in any way our liability:
For death or personal injury caused by our negligence;
Under section 2(3) of the Consumer Protection Act 1987;
For fraud or fraudulent misrepresentation; or
For any matter for which it would be illegal for us to exclude, or attempt to
exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the
main loss or damage (such as loss of income or revenue, loss of business, loss
of profits or contracts, loss of anticipated savings, loss of data, waste of
management or office time) however arising and whether caused by tort
(including negligence), breach of contract or otherwise, even if foreseeable.
IMPORT
DUTY – We are
registered in and deliver from the UK. If you order Products from our
site for delivery outside the UK, they may be subject to import duties and
taxes which are levied when the delivery reaches the specified destination. You
will be responsible for payment of any such import duties and taxes. Please
note that we have no control over these charges and cannot predict their
amount. Please contact your local customs office for further information before
placing your order.Please also note that you must comply with all applicable
laws and regulations of the country for which the products are destined. We
will not be liable for any breach by you of any such laws.
WRITTEN
COMMUNICATIONS - Applicable
laws require that some of the information or communications we send to you
should be in writing. When using our site, you accept that communication with
us will be mainly electronic. We will contact you by e-mail or provide you with
information by posting notices on our website. For contractual purposes, you
agree to this electronic means of communication and you acknowledge that all
contracts, notices, information and other communications that we provide to you
electronically comply with any legal requirement that such communications be in
writing. This condition does not affect your statutory rights.
NOTICES -
All
notices given by you to us must be given to Pure Sports Limited at ADDRESS OR
customerservices@pure-sports.co.uk. We may give notice to you at either the
e-mail or postal address you provide to us when placing an order. Notice will
be deemed received and properly served immediately when posted on our website,
24 hours after an e-mail is sent, or three days after the date of posting of any
letter. In proving the service of any notice, it will be sufficient to prove,
in the case of a letter, that such letter was properly addressed, stamped and
placed in the post and, in the case of an e-mail, that such e-mail was sent to
the specified e-mail address of the addressee.
TRANSFER
OF RIGHTS AND OBLIGATIONS - The contract between you and us is binding on you and us and on our
respective successors and assigns. You may not transfer, assign, charge or
otherwise dispose of a Contract, or any of your rights or obligations arising
under it, without our prior written consent. We may transfer, assign, charge,
sub-contract or otherwise dispose of a Contract, or any of our rights or
obligations arising under it, at any time during the term of the Contract.
EVENTS
OUTSIDE OF OUR CONTROL - We will not be liable or responsible for any failure to perform, or
delay in performance of, any of our obligations under a Contract that is caused
by events outside our reasonable control (Force Majeure Event). A Force Majeure
Event includes any act, event, non-happening, omission or accident beyond our
reasonable control and includes in particular (without limitation) the
following:
Strikes, lock-outs or other industrial action.
Civil commotion, riot, invasion, terrorist attack or threat of terrorist
attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other
natural disaster.
Impossibility of the use of railways, shipping, aircraft, motor transport or
other means of public or private transport.
Impossibility of the use of public or private telecommunications networks.
The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period
that the Force Majeure Event continues, and we will have an extension of time
for performance for the duration of that period. We will use our reasonable
endeavours to bring the Force Majeure Event to a close or to find a solution by
which our obligations under the Contract may be performed despite the Force
Majeure Event.
WAIVER - If we fail, at any time during
the term of a Contract, to insist upon strict performance of any of your
obligations under the Contract or any of these terms and conditions, or if we
fail to exercise any of the rights or remedies to which we are entitled under
the Contract, this shall not constitute a waiver of such rights or remedies and
shall not relieve you from compliance with such obligations. A waiver by us of
any default shall not constitute a waiver of any subsequent default. No waiver
by us of any of these terms and conditions shall be effective unless it is
expressly stated to be a waiver and is communicated to you in writing.
SEVERABILITY
- If any of
these terms and Conditions or any provisions of a Contract are determined by
any competent authority to be invalid, unlawful or unenforceable to any extent,
such term, condition or provision will to that extent be severed from the
remaining terms, conditions and provisions which will continue to be valid to
the fullest extent permitted by law.
ENTIRE
AGREEMENT - These
terms and conditions and any document expressly referred to in them represent
the entire agreement between us in relation to the subject matter of any
Contract and supersede any prior agreement, understanding or arrangement
between us, whether oral or in writing. We each acknowledge that, in entering
into a Contract, neither of us has relied on any representation, undertaking or
promise given by the other or be implied from anything said or written in
negotiations between us prior to such Contract except as expressly stated in
these terms and conditions. Neither of us shall have any remedy in respect of
any untrue statement made by the other, whether orally or in writing, prior to
the date of any Contract (unless such untrue statement was made fraudulently)
and the other party´s only remedy shall be for breach of contract as provided
in these terms and conditions.
OUR RIGHT
TO VARY THESE TERMS AND CONDITIONS - We have the right to revise and amend these
terms and conditions from time to time to reflect changes in market conditions
affecting our business, changes in technology, changes in payment methods,
changes in relevant laws and regulatory requirements and changes in our
system's capabilities etc.
LAW AND
JURISDICTION - Contracts
for the purchase of Products through our site will be governed by English law.
Any dispute arising from, or related to, such Contracts shall be subject to the
non-exclusive jurisdiction of the courts of England and Wales.
If you have an questions regarding these terms and conditions please contact
our customer services department on customerservices@pure-sports.co.uk
Shipping
The vast majority of orders will be shipped on the next working day (the
despatch date will set out in the Despatch Confirmation). If no despatch date
is specified, then despatch will be made within one week unless there are
exceptional circumstances. You will be contacted if delivery is to be delayed.
We offer the following delivery methods which you can select from upon
checkout:
Standard Delivery £3.99 - Between 2 and 5 working days
Delivery Outside the British Isles (Under 2kg) £9.99
Delivery Outside the British Isles (Over 2kg) £15.99
USA, Australia and South Africa £24.99
For information on next day delivery please call 0800 652 2944
For
information on international shipping please call (0044) 1246 266 288 or
email customerservices@pure-sports.co.uk