FOAMS 4 SPORTS Terms and Conditions / Delivery for Internet Purchases
Welcome to Foams 4 Sports Ltd website conditions for use. These conditions apply to the use of this website and by accessing this website and/or placing an order you agree to be bound by the conditions set out below. If you do not agree to be bound by these conditions you may not use or access this website.
Before you place an order, if you have any questions relating to these conditions please contact us. You are provided with access to this website in accordance with these conditions and any orders placed by you must be placed strictly in accordance with these conditions.
You warrant that:
The personal information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and you will notify us immediately of any changes to the personal information by contacting us by e-mail, or telephone. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You agree fully to indemnify, defend and hold us and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the conditions by you or any other liabilities arising out of your use of this website, or the use by any other person accessing the website using your shopping account and/or your personal information.
Purchase of products
Description of products
Each product purchased is sold subject to its product description.
We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time of publishing. Although we aim to keep the website as up to date as possible, the information including product descriptions appearing on this website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted in accordance with our order acceptance policy.
All measurements are given in metric or imperial or both and are taken from the maximum points of measurement unless otherwise stated. Tolerances apply.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the website.
The technical steps required to create the contract between you and us are as follows:
You place the order for your products on the website by pressing the confirm order button at the end of the check-out process. You will be guided through the process of placing an order by a series of simple instructions on the website.
Order acceptance and the completion of the contract between you and us will take place on the date of despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it in accordance with our conditions set out below.
Non-acceptance of an order may take place in the following circumstances:
• Our inability to obtain authorisation for your payment.
• The identification of a pricing or product description error.
• You not meeting the eligibility to order criteria set out in the main
Conditions of Use.
This contract is concluded in English.
Refusal of transaction
We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product from this website whether or not that product has been sold; removing or editing any materials or content on the website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun. To be eligible to purchase products on this website and lawfully enter into and form contracts on this website under English law you must:
• Register by providing your real name, phone number, postal/delivery address, e-mail address, payment details and other requested information
• Possess a valid credit or debit card issued by a bank acceptable to us
By making an offer to buy a product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
In no circumstances may goods supplied against a firm order be returned without the Purchaser having first applied for and obtained the written consent of the Company.
UNWANTED ITEMS / COLLECTION
We guarantee your satisfaction and all standard products come with a 7 day no quibble guarantee. This does not apply to bespoke products manufactured to customer specifications or to products manufactured by another manufacturer.
If you wish to exercise this option you should contact us by e-mail or fax in the first instance. Returns should be made in the original packaging, showing no signs of use and in the same condition, you received it/them. We will arrange for collection of the item/s. Refunds will be made once the items are received by us less the return carriage costs/admin charge which will be 25% of the invoice value subject to a £30.00 minimum charge. We reserve the right to withhold a further percentage of the refund value of returned goods if the product or packaging is in such a condition that the item needs to be reduced in price for resale.
All Foams 4 Sports Ltd products are guaranteed against manufacturing defects for 12 months from date of invoice. However certain products not manufactured by Foams 4 Sports Ltd may be guaranteed for less than 12 months when this lower guarantee will apply. If you are unsure which products are covered under which warranty period then please check with the office. If a problem occurs you need to first make a claim by e-mail or fax. After discussion, we will either arrange to collect or ask for images or view the products on-site at the customer’s premises. Following inspection, we will make the customer aware of our findings and if the products prove to have a manufacturing defect we will replace free of charge. This guarantee does not include any consequential costs which may arise out of a manufacturing fault.
LIABILITY FOR DELAY
Any times quoted for dispatch, repair or replacement is to be treated as estimates only. The Company while making every effort to meet such estimates shall not be liable for any loss or damage whatsoever and whether direct or consequential arising from failure to despatch, repair or replace within such time unless the Purchaser has suffered loss thereby and the amount to be payable in respect thereof shall have been previously agreed in writing as liquidated damages, in which case the Company’s liability shall be limited to the amount so agreed to be paid.
TITLE AND RISK
• All goods supplied by the Seller to the Buyer under the terms of this Agreement shall remain the sole and absolute property of the Seller both in law and in equity until the Buyer shall have paid the Seller the agreed price together with the full price of any other goods supplied by the Seller to the Buyer pursuant to any other contract between them.
• The Buyer acknowledges that it is in possession of all goods supplied under the terms of this Agreement solely as bailee for the Seller until the Buyer shall have paid the Seller the agreed price together with the full price of any other goods supplied by the Seller to the Buyer pursuant to any other contract between the Seller and the Buyer.
• Until such time as in accordance with the above provisions, the Buyer becomes the owner of the goods it will store them on its premises separately from its own goods or those of any other person and in a manner which makes them readily identifiable as the goods of the Seller.
• The Buyer’s right to possession of the goods shall cease if it does anything or fails to do anything which would entitle a receiver to take possession of any assets, or which would entitle any person to present a petition for winding-up or commits an available act of bankruptcy and the Seller may thereupon enter upon any premises where the goods are stored or where they are reasonably thought to be stored for the purpose of repossessing them.
• Notwithstanding the retention of property in the goods by the Seller in accordance with the above provisions, all goods supplied by the Seller to the Buyer under the terms of this Agreement shall be at the risk of the Buyer as soon as they are delivered by the Seller to the Buyer.
• Until such time as in accordance with the above provisions either the Buyer shall have ceased to have the right to retain possession of the goods or shall have acquired the property in them the Buyer is licensed by the Seller to agree to sell the goods on the Seller’s behalf as agent save that the Buyer shall not hold itself out as such but shall sell on its own account and shall hold the entire proceeds of sale as trustee for the Seller and shall pay them into a separate bank account opened for the purpose and approved by the Seller and shall ensure that in no circumstances are the proceeds mingled with other money or paid into any overdrawn bank account but are at all times identifiable as the Seller’s money.
• If the Buyer has not received the proceeds of any such sale it will if called upon to do so by the Seller assign to the Seller within seven days all rights against the person or persons by whom the proceeds are owed.
DESCRIPTIVE MATTER AND ILLUSTRATIONS
All descriptive and forwarding specifications, drawings and particulars of weights and dimensions issued by the Company are approximate only and are intended only to present a general idea of the goods to which they refer and shall not form any part of any contract. The right is reserved to change specifications without prior notification or public announcement.
In the event of any claim being made or action being brought against the Purchaser in respect of infringement of patents by the use of sale of goods supplied hereunder, the Purchaser shall not settle or compromise such claim or action but shall notify the Company immediately and the Company shall be at liberty with Purchaser’s assistance if required, but at the Company’s expense, to conduct through the Company’s own Lawyers and Experts all negotiations for the settlement of the same or any litigation that may arise therefrom, subject to compliance with the above provisions and provide that no such goods, or any part thereof, shall be used for any purpose other than that for which the Company supply them, the Company will indemnify the Purchaser in respect of any such claims.
These general conditions of Sale shall be constructed in accordance with the Laws of England and if any questions, dispute or difference shall arise between the parties in respect of; the interpretation of their rights or duties heretofore the same shall be referred to a single arbitrator in London in case the parties can agree upon one. Otherwise, it shall be referred to arbitration in London under the provisions of the Arbitration Act 1950 or any statutory modification or re-enactment thereof which provisions shall also apply to the case of a reference to a single arbitrator.
Foams 4 Sports Ltd cannot accept any liability financial or other what so ever as a result of product failure.