1. DEFINITIONS AND INTERPRETATION
1.1 In these Conditions:
Contract - means any contract for the sale of goods
and/or the supply of services between us and you into which these
Conditions are incorporated;
Conditions - means the standard terms and conditions of
sale set out below, including any special terms and conditions confirmed
in writing by us;
Goods - means the goods and/or services which we shall
supply in accordance with these Conditions, under an order which is
accepted;
we - means Paramount Sports Ltd, and “us” and “our”
shall be construed accordingly;
you - means the person placing an order for the Goods and
entering into the Contract with us and “your” shall be construed
accordingly;
1.2 The headings in these Conditions are for convenience only and shall
not affect their interpretation.
1.3 Unless expressly stated otherwise, where rights and decisions are to
be exercised or made at our discretion, then we shall be under no duty or
obligation to you to justify or provide a reason for the decision.
1.4 Where our prior written consent is required in these Conditions, we
shall not unreasonably withhold or delay in giving that consent.
2. BASIS OF SALE
2.1 These Conditions and the terms of the Returns Policy shall set out the
entire agreement and apply to all Contracts between us for the sale of
Goods.
2.2 All specifications, drawings and particulars of weights, dimensions
and performance issued by us are approximate only and are not intended to
form the basis of any Contract.
2.3 We reserve the right to withdraw any offer or special promotions
displayed on the website that in the opinion of Paramount Sports is being
abused. However, in the event that you have already placed an order that
we have accepted we will provide you with a full refund for any money
received.
2.4 Minimum Order value is £250 excluding VAT and Postage
per basket per shop
2.5 Order must contain more than six pieces of any
particular line item ordered.
2.6 Each line item ordered must comprise a proportionate size break should
the item be available in more than one size. For example in purchasing six
of a particular adult sized item, the normal sizes that are available are
S, M, L and XL. It is deemed that proportionate in this regard would mean
the six pieces would be split in the regard of 1 x S, 2 x M, 2 x L, 1 x
XL. Similar ratio’s would be applicable if say 12 pieces were to be
bought.
3. ORDERS AND SPECIFICATIONS
3.1 Your order represents an offer to purchase the Goods which is accepted
by us when we dispatch the Goods to you. Our acceptance of your order is
conditional upon the Goods being intended for personal use and not for
resale. All orders are subject to availability and on a first-come
first-served basis as unfortunately we are unable to reserve Goods.
3.2 In accepting your order, we will be entitled to treat you as a
commercial customer and as such:-
3.2.1 the rights afforded in clause 11 relating to the right to cancel
will not apply; and
3.2.2 We will only accept returned Goods within fourteen days of dispatch
if they were defective at the time of receipt.
3.3 You shall be responsible for ensuring the accuracy of the terms of any
order submitted by you, and for giving us any necessary information
relating to the Goods within a sufficient time to enable us to perform the
Contract in accordance with these Conditions.
4. PRICE OF THE GOODS
4.1 The price of the Goods shall be the price confirmed by us at the time
the order is placed.
4.2 While we try to ensure that all prices in our catalogues are accurate,
errors may occur. If we discover an error in the price of goods you have
ordered, we will inform you as soon as possible and give you the option of
re-confirming the order at the correct price or cancelling it. If we are
unable to contact you, we will treat the order as cancelled. If you have
already paid for the goods and the order is subsequently cancelled, you
will receive a full refund.
4.3 In the event that we are unable to supply the Goods at the price,
specification or by the delivery date stated in the order, we will where
possible notify you of any changes in the price or date and where the
Goods ordered are not available we may offer you substitute goods. In the
event that the substitute goods are at a different price, you will be
asked to re-confirm your order at the new price. You are not obliged to
accept any substitute goods and will be entitled to receive a full refund
for the Goods which we are unable to deliver or are not acceptable.
4.4 The price is inclusive of any applicable value added tax (at the rate
form time to time in force) and any packaging or delivery costs for which
you shall be liable will be confirmed after your order has been placed.
5. TERMS OF PAYMENT
5.1 Please see our Payment Options for our terms of payment.
5.2 If you fail to make any payment on the due date then we reserve the
right to:
(a) cancel the Contract or suspend further deliveries to you;
(b) charge you a reasonable amount of interest (as well after as before
any judgment) on the amount unpaid, form the date the amount was due until
payment is made in full, accruing pro rata on a daily basis.
5.3 In the event that a cheque or credit card payment is dishonoured by
your bank or credit card provider, they (being your bank, credit card
provider or our debt collection company “Transax” or “Certegy Ltd”) may
charge a fee. Where we incur any fee or liability as a result of a
dishonoured payment, you will be liable to reimburse us in full for the
amount we have incurred.
6. DELIVERY
6.1 You shall make all arrangements to take delivery of the Goods whenever
they are tendered for delivery.
6.2 We aim to provide you with a reasonable date on which the Goods will
be ready for collection or delivery. Where we become aware that the date
for collection of delivery may be delayed, we shall notify you as soon as
possible and aim to provide you with a revised date. We shall not be
liable for any loss you incur, whether financial or otherwise, resulting
directly or indirectly from our delay or failure to meet the date where
the delay is caused by reasons outside of our control.
6.3 If we fail to deliver the Goods (or any instalment) for any reason
other than any cause beyond our reasonable control or your fault, and we
are accordingly liable to you, our liability shall be limited to the
excess (if any) of the cost to you (in the cheapest available market) of
similar goods to replace those not delivered over the price of the Goods.
6.4 If you fail to take delivery of the Goods or fail to give us adequate
delivery instructions at the time stated for delivery then we reserve the
right to store the Goods until actual delivery and charge you for the
reasonable costs (including insurance) of storage or subsequent delivery
charges which we may incur;
6.5 Please see our Delivery and Shipping Section for postage
charges.
7. RISK AND PROPERTY
7.1 Risk of damage to or loss of the Goods shall pass to you in the case
of Goods to be delivered otherwise than at our premises, at the time of
delivery or, if you fail to take delivery of the Goods, the time when you
have collected the Goods.
7.2 Notwithstanding delivery and the passing of responsibility for the
Goods to you, the transfer of the ownership of the Goods shall not pass to
you until we have received in cleared funds payment in full of the price
of the Goods.
7.3 Until such time as the as the Goods are paid for in full, you shall be
responsible for taking reasonable care of the Goods.). Where you fail to
pay for the Goods in accordance with these Conditions, we shall be
entitled, at any time, to require you to deliver up the Goods to us and,
if you fail to do so seek a court order to permit us to enter upon any
premises where the Goods are stored and repossess the Goods.
8. WARRANTIES AND LIABILITY
8.1 Subject as expressly provided in these Conditions, and except where
the Goods are sold to a person dealing as a consumer (within the meaning
of the Unfair Contract Terms Act 1977), all warranties, conditions or
other terms implied by statute or common law are excluded to the fullest
extent permitted by the applicable law. Where the Goods are sold to a
person dealing as a consumer, we warrant that the Goods are of
satisfactory quality and fit for their normally intended purpose.
8.2 Where the Goods are sold under a consumer transaction (as defined by
the Consumer Transactions (Restrictions on Statements) Order 1976, as
amended) your legal rights are not affected by these Conditions. Further
information on your legal rights can be obtained from Trading Standards or
Citizens Advice Bureaux.
8.3 Except in respect of death or personal injury caused by our
negligence, for which our liability shall be unlimited. For all other loss
or damage which you may suffer or incur in connection with the supply of
Goods under this Contract, our liability shall be limited to that caused
by a natural and reasonably foreseeable consequence for which we are at
fault or negligent.
9. GENERAL
9.1 Neither party shall be liable to the other or deemed to be in breach
of Contract by reason of delay or failure to perform any of that party’s
obligations if the delay or failure to due to act cause beyond that
party’s reasonable control.
9.2 These Conditions do not purport to confer a benefit on any third
party.
9.3 Any notice required or permitted to be given by either party to the
other under these Conditions shall be in writing addressed to the other
party and delivered to the address provided at the time the order is
confirmed or any subsequent or alternative address which one party may
notify to the other from time to time.
9.4 Where we do not take action against you for any breach of the
Contract, we shall not be prevented from taking action against you in
respect of any subsequent breach of the same or any other provision.
9.5 Where any competent authority deems any Condition to be invalid or
unenforceable in whole or in part, then the offending part shall be
removed and the validity of the remainder of the Conditions shall not be
affected.
9.6 The Contract and these Conditions shall be governed by the laws of
England, and you agree to submit to the non-exclusive jurisdiction of the
English courts.
9.7 We reserve the right to monitor and record telephone calls our staff
receive and make, in order to monitor staff performance and ensure the
highest service possible is provided to our customers.
9.8 The copyright in all photographs, images and descriptions contained on
this catalogue are owned by Paramount Sports, and may not be reproduced
without the express consent of Paramount Sports.
10. YOUR RIGHT TO CANCEL
10.1 If, for any reason you are unhappy with the Goods, you have the right
to cancel your order at any time within seven working days from the day
after the day on which the Goods were received.
10.2 If you wish to cancel before the Goods are dispatched, you are asked
to contact us by email or phone as soon as reasonably possible.
10.3 If you wish to cancel after the Goods are dispatched, please return
the Goods to us indicating whether you require an exchange or refund.
Please refer to our
Returns policy.
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