Definitions and Interpretation
In these Terms of Conditions unless the context otherwise requires, the following expressions have the following meanings:
“Content” means any and all text, images, logos, trademarks, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“User” means a User of Our Site;
“Contract” means a contract for the purchase and sale of Goods.
“Contact Tools” means any online communications facility that We make available on Our Site enables you to contact Us including, but not limited to, contact forms and live chat;
“Goods” means the goods sold by Us through Our Site;
“Order” means Your order for Goods;
“Order Confirmation” means Our acceptance and confirmation of your Order;
“Order Number” means the reference number for Your Order; and
“We/Us/Our/Ourselves” means Foams 4 Sports Ltd and its trading divisions including but not limited to MMA Matting; Athletics Direct; Gymnastics Direct; Full of Beans; Climbing Wall Matting; Synrein Medical
“You/Your” means the customer/buyer
1 Contacting Us
Before you place an order, if you have any questions relating to these conditions please contact using the contact details provided on the website.
When Using Our Contact Tools or contacting Us by any other means the following rules apply, and you must not communicate, submit, or otherwise do anything that:
- is obscene, deliberately offensive, hateful, or otherwise inflammatory;
- promotes violence;
- promotes, encourages, incites, or supports acts of terrorism;
- promotes or assists in any form of unlawful activity;
- is defamatory of another person;
- bullies, insults, intimidates, or humiliates another person;
- discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; nationality; gender; gender identity; sexual orientation; religious or philosophical beliefs; disability; or age;
- is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
- is calculated or otherwise likely to deceive;
- is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise Uses their personal information in a way that you do not have a right to;
- misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive.
- implies any form of affiliation with Us or any other party where there is none;
- infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, designs, patents, trademarks, and database rights) belonging to Us or any other party;
- is in breach of any legal duty owed to another party including, but not limited to, contractual duties and duties of confidence:
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 authorized to use.
- How You May Use Our Site and Content (Intellectual Property)
All Content included on Our Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Us. All Content is protected by applicable to the United Kingdom and international intellectual property laws and treaties.
You may access, view, and use Our Site in a web browser (including any web browsing capability built into other types of software or app) and you may download Our Site (or any part of it) for caching (this usually occurs automatically).
You may not use any Content (including User Content) from Our Site for commercial purposes without first obtaining a license from Us, Our licensors, or the relevant User, as applicable. Our status as the owner and author of the Content on Our Site (or that of identified licensors or Users, as applicable) must always be acknowledged.
Nothing on Our Site constitutes professional advice on which you should rely. It is provided for general information purposes only.
We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up to date, but to the extent permitted by law, We make no warranties, representations, or guarantees (express or implied) that this will always be the case.
We exercise reasonable skill and care to ensure that Our Site is secure and free from viruses and malware; however, We do not guarantee that this is the case. You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks when accessing our website.
If you are a business user, We exclude all implied representations, warranties, conditions, and other terms that may apply to Our Site and Content.
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.
- Conditions of Sale
- a) Registration
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.
- c) Orders
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.
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. Before submitting your Order, you will be given the opportunity to review and amend it. Please ensure that you check your Order carefully before submitting it. Your Order constitutes a contractual offer. Our acceptance of that offer is indicated by Us sending you an Order Confirmation by email. Once we have sent you an Order Confirmation will there be a legally binding Contract between Us and you for the sale of the Goods. Payment for Goods and related delivery charges must always be made in advance. You will be prompted to provide payment details during the ordering process.
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. We may not accept your Order because, but not limited to, the Goods are out of stock, because of unexpected limits on Our resources that We could not have reasonably planned for, because We have identified a mistake in the description or price of the Goods, or because We are not able to meet a delivery deadline that you have set.
- d) 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.
Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product due to differences in computer or device displays and lighting conditions. 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.
- e) Pricing
We make all reasonable efforts to ensure that prices shown on Our Site are correct. We may change prices from time to time. Changes in price will not affect any Order that you have already placed.
All prices are checked before We accept your Order. If We have shown incorrect pricing information, we will inform you of the mistake in writing. If the correct price is lower than that shown when you make your Order, we will simply charge you the lower price. If the correct price is higher than that shown when you make your order, we will give you the option to purchase the Goods at the correct price or to cancel your Order. In this case, We will not proceed with processing your Order until you respond. If you do not respond within 5 working days, we will treat your Order as cancelled and inform you of the cancellation in writing. If We mistakenly accept and process an Order where an obvious and unmistakeable pricing error has been made, which you could have reasonably recognised as a mispricing, we have the right to end the Contract, refund any sums paid, and require you to return the affected Goods to Us.
- f) 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 or order 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 order or unwinding or suspending any transaction or order after processing has begun.
- g) Delivery
Goods purchased through our website have varied delivery dates. For goods in stock, our general lead time for delivery is 1-2 weeks. For Goods being made to order, our general lead time for delivery is 3-6 weeks. Goods from 3rd party suppliers may be up to 12 weeks or longer. If You need confirmation of lead times and delivery dates You will need to contact us.
We will not be responsible for delays that are outside of our reasonable control. If delivery is delayed for such a reason, we will inform you as soon as possible and will take steps to minimise the impact of the delay. If there is a risk of a substantial delay to delivery, you may contact Us to request termination of the Contract. Subject to confirmation by Us we will be refunded any sums paid for Goods less any additional costs incurred by Us in processing the Goods. We will not accept any liability for consequential loss or damage whatsoever from failure to despatch or despatch to an agreed or advised date.
Any items not received must be advised within 10 days of the invoice date in order that this can be investigated. We will not be responsible for any non-delivered items after this time or failure to advise Us accordingly. Providing the above procedure has been carried out than any missing products will be replaced free of charge. This does not include any consequential costs which may arise out of a delivery problem.
Should the goods be returned to us due to failed delivery attempts, we reserve the right to charge the cost of another attempted delivery.
- h) Receipt of Goods
All deliveries must be signed for. Someone must be available to sign for the goods normally between 07.00 am and 20.00 pm. You may be asked to sign electronically. We are unable to offer timed deliveries.
The goods when received should be checked carefully upon arrival for the correct number of parcels, signs of parcel damage and correct content of parcels. If the outside of a package or parcel appears damaged but the contents are not and you are happy to accept the Goods, sign but state ‘Received Damaged’ on the carrier’s receipt. This will enable us to make a claim against the carrier if the Goods are found to be damaged.
UNDER NO CIRCUMSTANCES SIGN FOR AND ACCEPT THE CONSIGNMENT IF YOU BELIEVE THE GOODS ARE DAMAGED.
If you do this, we will be unable to claim for damage caused by the carrier which may make your claim on Us void. The carrier will return the Goods to us.
Any discrepancy, incorrect goods or damage found after receipt should be notified to Us by email within 3 working days of receipt.
If delivery is not refused, and You fail to notify Us accordingly, You the Buyer will not be entitled to reject the Goods and We shall have no liability for such defect or failure, and You will be required to pay the price as if the Goods had been delivered in accordance with the Contract.
Providing the above procedure has been carried out than any damaged/missing products will be repaired or replaced free of charge. This does not include any consequential costs which may arise out of a delivery problem.
Any items not received must be advised within 10 days of the invoice date in order that this can be investigated. We will not be responsible for any non-delivered items after this time or failure to advise Us accordingly and You shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
- i) Unwanted Items/Return of Goods
For Consumers, we guarantee your satisfaction and all standard products come with a 14-day no-quibble guarantee covered under the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013.
This does not apply to bespoke products, manufactured at Your request or to Your specifications.
If you wish to exercise this option, you should contact Us by e-mail within 14 days of receipt. Returns should be made in the original packaging, showing no signs of Use and in the same condition, you received it/them. Unless agreed otherwise, we will arrange for collection of the item/s.
Depending on the product, we will either ask you to return the item to us or we will arrange the collection ourselves. We will endeavour to make refunds within 14 days once the items are received.
If we arrange the collection ourselves any refund will be less the return carriage costs/admin charge incurred by Us 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 Goods need to be reduced in price for resale. If the Goods are found to be returned damaged or have been used and not fit for resale then no refunds will be made.
This guarantee only applies to transactions between businesses and consumers (individuals acting outside the course of their business) and do not include business-to-business contracts and auction.
All Goods manufactured by Foams 4 Sports Ltd and its trade divisions are guaranteed against manufacturing and material defects for 12 months from date of invoice. If a problem occurs, you need to first make a claim by e-mail. After discussion, we will either arrange to collect or ask for images or view the product on-site at the customer’s premises. Following the inspection, we will make You aware of our findings and if the products prove to have a manufacturing or material defect, we will either repair or replace free of charge.
We shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow Our instructions (whether oral or in writing), misuse or alteration or repair of the Goods without Our written approval; We shall be under no liability under the above warranty (or any other warranty, condition, or guarantee) if the total price for the Goods has not been paid by the due date for payment.
Any installation work by the company needs to be agreed and confirmed with the Buyer. This will be carried out by approved competent staff /sub-contractors. All workmanship is guaranteed for twelve months from the date of invoice. Following the completion of installation please inspect for any faults or problems. Any faults or problems should be notified to us by email within 14 days of completion of installation. Following the inspection, we will make You aware of our findings and if the installation proves to be faulty, we will repair free of charge.
Please note if the installation is carried out by the customer it is entirely at their own risk and we cannot accept any liability for damage or failure of these products if attributable to the installation.
We shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or another term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Foams 4 Sports Ltd , its employees or agents or otherwise) which arise out of or in connection with the supply and/or installation of the Goods or their use or resale by the Buyer, and the entire liability of Foams 4 Sports Ltd under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.
- Title and Risk
All goods supplied by Us the Seller to You the Buyer under the terms of this Agreement shall remain the sole and absolute property of Us in 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.
- LEGAL CONSTRUCTION
These general conditions of Sale and Use 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.
If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
This contract is concluded in English.