Terms & Conditions of sales
Terms Terms and Conditions: Sale of Goods – Online and by Telephone. Sixthman Basketball
WE DRAW YOUR ATTENTION TO THESE TERMS AND CONDITIONS WHICH APPLY WHENEVER YOU BUY GOODS FROM US ONLINE OR OVER THE TELEPHONE OR VIA EMAIL . PLEASE READ THEM VERY CAREFULLY BEFORE YOU PROCEED TO MAKE YOUR PURCHASE BECAUSE THEY EXPLAIN IMPORTANT INFORMATION ABOUT THE BASIS ON WHICH WE WILL SELL GOODS TO YOU. BY PLACING AN ORDER YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. YOU SHOULD PRINT AND KEEP A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS. In these Terms: "Website" means Our website at Sixthman Basketball. "Goods" means the goods which We will supply to You in accordance with these Terms and Conditions. "Order" means an order which You place with Us detailing the Goods You wish to buy from Us. "We/Us/Our" means Sixthman Basketball "You/Your" means you, the person using Our Website and/or buying Goods from Us.
ABOUT THIS WEBSITE
This Website is aimed at people who are consumers. The information on this Website is in English, all communications shall be in English and the Website is designed to comply with English law. You may be viewing the Website in a market in which we do not commonly sell our goods and We cannot be held responsible for non-compliance with any local advertising or other laws in relation to this Website or its contents.
OUR RIGHTS IN THE WEBSITE The copyright and other ownership rights (known as "Intellectual Property Rights") in this Website and its contents (including design, text, logos, trade names, graphics, software and any other material) are owned by Us or Our licensors. You must not in any way copy, reproduce or use any trademarks, logos or brand names which appear on the Website. Linking to Our Website on other websites is at Our discretion and We may require that You stop providing links to Our Website at any time. We may use any information which you upload to Our Website as We decide and We may also disclose that information to a third party.
We may change, remove or in any other way adapt the content of Our Website at any time and without advance notice. We may provide links to other websites. If we do this, those links are provided for Your convenience only and We cannot be responsible for the content or availability of those websites or Your use of them. We do not guarantee that this Website will always be available or be free from error, virus or similar. We are under a legal duty to supply goods that are in conformity with the contract and we aim to ensure that the product images on Our Website are as accurate as possible but there may be slight colour variations between the Goods and the images shown online.
HOW YOU MUST USE THE WEBSITE/SOCIAL MEDIA
Submissions or comments which are in any way defamatory, abusive, obscene, unlawful, sexist, racist or which may in any way cause offence to any person are strictly prohibited. You must not use any abusive language, be aggressive, swear, threaten, harass orabuse any other person including but not limited to other users of this Website. All information which You submit should be accurate, truthful and should not be copied. You must use Your own identity at all times when using the Website and should ensure that all information which You provide is accurate and up to date to the best of Your knowledge. You must not use information about any other person except if You have their permission to do so. You must not corrupt the Website, flood it with information causing it to malfunction or use any features which may affect the Website such as any worms, viruses or similar harmful elements. The use of spam (that is, multiple, unsolicited or undesired bulk e-mails) is also forbidden. We will not be liable for any loss or damage which You suffer as a result of any harmful material infecting Your computer, data or other material due to Your use of Our Website. We may refuse access to this Website to anyone who does not comply with these Terms.
OUR AGREEMENT FOR THE SALE OF GOODS AND THE ORDERING PROCESS
The Website displays Goods which are advertised for sale and gives information about them. By advertising Goods on the Website, We are inviting You to place an Order with Us. If You place an Order, We are not obliged to accept that Order and the Contract between Us will only be formed if and when We accept Your Order. Our acceptance of Your Order and the completion of the Contract between You and Us will take place upon despatch to you of the Goods. You may include any number of items within a single Order, subject to any restrictions set out in these Terms or on the Website and each Order which You place will be a separate Contract between Us. We reserve the right to refuse to supply Goods to any person. Any variation of the Contract must be expressly agreed between You and Us.
You may also place an Order over the telephone or via email or messenger. You can contact us via telephone 24 hours a day, our usual opening hours are 00.00am to 23:59pm Monday to Sunday, including Bank Holidays. If you place an Order, We are not obliged to accept that Order and the Contract between Us will only be formed if and when We accept Your Order. Placing Your Order over the telephone does not constitute Our acceptance of Your Order. Our acceptance of Your Order and the completion of the Contract between You and Us will take place upon despatch of the Goods. You may include any number of items within a single Order, subject to any restrictions set out in these Terms or specified over the telephone and each Order which You place will be a separate Contract between Us. We reserve the right to refuse to supply Goods to any person. You will be asked to provide Your delivery address. You will also need to provide Your billing address. You must provide us with the correct address details. We will not be liable for any delay to or failure of delivery as a result of Your failure to provide accurate address details. You will then need to choose Your payment method and provide Your payment details. Please be very careful to provide us with accurate information as We will not be liable for any loss or failure of delivery as a result of Your failure to provide the correct payment details. We will ask You to confirm that You wish to place Your Order. You agree that by confirming You wish to proceed, you accept these Terms and acknowledge that You will be under an obligation to pay.
PRICE AND PAYMENT
Prices and delivery charges will be agreed. Delivery charges are agreed separately. All applicable delivery charges are as stated on the Website or as specified over the telephone at the time You place Your Order. We may amend prices at any time. Where there is a difference between a price at the time the Order is made and when we ship Your Order, We will inform You by email or telephone and ask You if You wish to proceed. If you decline and for any reason paymenthas already been taken, it will be re-credited. Offers and promotions on the Website are subject to availability and We may change or withdraw them at any time and without notice. Nothing shall oblige Us to maintain offers or promotions for any period. Additional terms may apply, details of which will bedisplayed. We must receive payment for the Goods in full before they are despatched. We accept payment via bank transfee and most major credit and debit cards including Visa, Mastercard, Maestro. You must only use a card if You are the named cardholder. By placing an Order, You confirm that You are the authorised cardholder. All credit and charge card holders are subject to validation and security checks as well as authorisation by the card issuer and any additional terms imposed by the issuer. If the issuer does not authorise payment, We will not accept Your Order and will not be liable for any delay or non-delivery. Your card provider may charge You for using You card. Please check the terms and conditions with Your card provider carefully and in advance of submitting Your payment details. If We do not have sufficient stock of Goods, We will notify You by e-mail or telephone and Your credit or debit card transaction will be cancelled or refunded. We will do this as soon as possible and by no later than 30 (thirty) days from the date of Your Order. We will not be responsible for any compensation if Goods which You order are not available for any reason.
If You Change Your Mind You have a legal right to cancel the contract (subject to certain exceptions set out below) without giving any reason within 5 days from ordering the items. You can cancel by sending Us acknowledgment via the telephone or email. If you paid by bank transfer, the credit payment will be made the same way. The Goods must be returned unused with the original packaging. If the nature of the Goods means that You cannot return them by post, You will be responsible for the cost of couriering the Goods to Us. We will ordinarily refund the full purchase price together with the standard delivery charge paid within 14 days of receiving the returned Goods or proof of postage of the same. You must take care of the products before You return them to Us. We may reduce the amount We refund to You if You use them, damage them or otherwise do something beyond what is reasonably necessary to examine them that reduces their resale value. You do not have the legal right to cancel any Goods which have been personalised to your requirements (for example custom basketball kits featuring Your name etc). If you simply want to exchange the Goods You have ordered, you can do so within 14 (Fourteen) days of the day after You receive the Goods. These are raw goods that have not been customised, printed or embroidered.
We warrant that the Goods which we supply are of satisfactory quality and are fit for the purpose for which Goods of that nature are commonly supplied. If You return Goods to Us for a reason other than if You change Your mind, We will inspect the Goods and either replace them or refund the full purchase price for Goods if we accept that there is a manufacturing defect or other fault in the Goods. This is subject to You returning the Goods to Us within a 48 hour period. We will replace the Goods or refund You provided that the defect or fault is not caused by usual wear and tear, damage caused deliberately or accidentally, Your negligence or if You fail to follow product instructions or if the Goods have been misused, altered or repaired without Our approval. Any refund will also include any delivery charges which You have paid and Your cost of returning the Goods to Us. If We do not find any fault or defect then Your cancellation and refund rights are limited. If You believe that Goods have a defect then You should not make any further use of them before returning them to Us. Nothing in these Terms shall affect Your statutory rights. These are Your rights granted by law and which cannot be changed by Us. Return the Goods to Us in an unused, reasonable condition to the returns address provided. We will aim to process Your refund or replace the Goods as soon as possible but will do so within 30 (thirty) days of You returning the Goods to Us. Whenever You return Goods to Us either because You believe they are faulty, We ask that Goods are returned to Us, either by recorded delivery or courier so that You have proof of posting. We will not be responsible for Goods which are lost or damaged in the post.
NOTHING IN THE CONTRACT OR ELSEWHERE WILL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR ANY LIABILITY FOR FRAUDULENT MISREPRESENTATION OR FRAUD OR LIABILITY WHICH WE ARE RESPONSIBLE FOR IN RELATION TO CONSUMER PROTECTION RIGHTS OR FOR ANY OTHER MATTERS WHICH IT WOULD BE ILLEGAL FOR US TO EXCLUDE. YOUR STATUTORY RIGHTS ARE NOT AFFECTED. TO THE EXTENT THAT WE ARE LIABLE TO YOU IN RESPECT OF BREACH OF CONTRACT, FOR NEGLIGENCE OR FOR ANY OTHER LIABILITY IN RELATION TO THE GOODS OR THIS CONTRACT OR OTHERWISE, OUR TOTAL LIABILITY TO YOU WILL BE LIMITED TO THREE TIMES THE PRICE OF THE GOODS WHICH ARE THE SUBJECT OF THE LIABILITY , PAID BY YOU TO US.
We aim to deliver the Goods within the indicative timescales offered at the time of order. References to "working day" shall mean any day of the week excluding Sundays and Bank Holidays. However, time is not of the essence for delivery or performance and all delivery dates specified on our Website and in any correspondence are estimates only. This means that We will not be responsible if Goods are delivered outside those times and We will not be liable for the consequences of any delay. If We are unable to deliver the Goods within the indicated timescale, We shall use reasonable efforts to tell You this by e-mail and give an amended delivery estimate. If Goods are out of stock then We will let you know by e-mail. If You Order more than one product, We do not guarantee that all Goods will be delivered to You in one delivery and We reserve the right to deliver in multiple consignments. Ownership of the Goods will only pass to You upon delivery of the Goods. The Goods will be at Your risk from the time of delivery and You should therefore take reasonable care of them. If the Goods or quantity which You receive are not as You ordered due to Our error then You should inform Us by telephone, email or letter using the contact details provided as soon as possible after You receive the Goods and become aware of the error. We will make good any error. We will also reimburse to You any delivery costs which You incur in sending the incorrect Goods back to Us. However, we ask You to contact Us in advance to arrange Your return. Any Goods which You receive in error and intend to returnshould not be used by You. Goods will be delivered to the address which You provide in the Order process however delivery practices may vary depending on which carrier is delivering the Goods. You must provide a valid address for delivery. The delivery method which We use may vary depending on the nature and number of the Goods. We shall select what We think is the most appropriate delivery method for the Goods. For further information on deliveries please see Delivery Info We reserve the right to make alternative arrangements for delivery, which will depend upon the carrier We use to deliver the Goods. This may include leaving the Goods with a neighbour or in a safe place in or around Your property. If the Goods are not delivered on the date expected you should notify us of such non-delivery within 30 days of such failure of delivery.
As a result of various international carrier restrictions, certain products We sell are not eligible for international delivery. This will either be detailed in the item product description, at the checkout stage when You add such items to Your basket or, in limited circumstances, We may have to cancel Your Order and issue You with a full refund.
OUR RIGHTS IN THE GOODS
All ownership rights known as intellectual property rights in the Goods including all designs, trade marks, brand names, images and logos are and shall remain Our property or those of Our licensors. At no time shall any rights, title or interest in the intellectualproperty rights pass to You.
We will not be in any way responsible to You for a failure to sell Goods which You wish to buy or otherwise for a failure to comply with Our obligations under the Contract or any costs or liabilities which You incur as a result of any circumstances beyond Our reasonable control including but not limited to any act of God, flood, fire, trade dispute, lack of third party materials or services or terrorist acts. The Contract between You and Us is binding. You may not transfer or assign Your rights or obligations to another person without Our express agreement. We may transfer or assign Our rights and obligations under the Contract or appoint third parties to assistUs in performing Our obligations at any time provided that this will not reduce Our obligations to You. If any clause of this Contract is found in any way to be void by a Court or other competent authority then all other clauses of the Contract will continue to apply. If either We or You do not at any time act on any rights which we have under this Contract then it will not affect the rights of either of us to enforce any rights at a later stage. If either of us chooses not to rely on a right which we have, it will not affect any other rights which either of us has. This Contract is subject to English law and both We and You agree that any dispute arising under or connected to it will be decided by the English courts.
We may amend these Terms at any time and without notice to You. Any change will take effect immediately after being posted on the Website and will be deemed to be accepted by any person who uses the Website. Where You have already placed an Order, the Contract will remain subject to the version of the Terms which were in place at the time at which You placed Your Order, subject to any changes expressly agreed between You and Us. Nothing in these Terms seeks to exclude or limit any rights available under applicable law which cannot be excluded or limited. This means that these Terms will not change any rights which the law grants to You which that law does not allow Us to change or limit.