Terms & Conditions of Business

These Terms and Conditions are the standard terms for the sale of goods via the internet by The England Handball Association Limited, a company registered in England under number 07003182 of The Halliwell Jones Stadium, Winwick Road, Warrington WA2 7NE.

 

1. Definitions and Interpretation

1.1               In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Business Day”

means any day other than Saturday or Sunday or bank holiday;

“Calendar Day”

means any day of the year;

“Contract”

means the contract for the purchase and sale of Goods, as explained in Clause 2;

“Goods”

means the goods which are to be supplied by Us to you as specified in your Order (and confirmed in Our Order Confirmation);

“Month”

means a calendar month;

“Order”

means your order for the Goods, made via our online shop;

“Order Confirmation”

means Our acceptance and confirmation of your Order as described in Clause 2;

“Pre-Contract Information”

means information about Us, the Goods, pricing, and your legal rights that We are required to provide under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 all of which is available on our website and will be confirmed with Our Order Confirmation;

“Price”

means the price payable for the Goods;

“Returns Address”

means The Halliwell Jones Stadium, Winwick Road, Warrington WA2 7NE;

“Special Price”

means a special offer price payable for the Goods;

“We/Us/Our”

The England Handball Association Limited, a company registered in England under number 07003182 of The Halliwell Jones Stadium, Winwick Road, Warrington WA2 7NE and includes all employees and agents of The England Handball Association Limited.

1.2               Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by email, text message, fax or other means.

 

2. The Contract

2.1               These Terms and Conditions govern the sale of goods by Us, via Our online shop and will form the basis of the Contract between Us and you.  Before submitting your Order you should ensure that you have read these Terms and Conditions and the Pre-Contract Information carefully.

2.2               Nothing provided by Us including, but not limited to, information given over the telephone, sales and marketing literature, price lists and other information constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at our discretion, accept.

2.3               A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided by email.

 

3. Description and Specification of Goods

3.1               We have made every reasonable effort to ensure that the Goods conform to descriptions, illustrations and photographs provided by Our salespeople and in Our sales and marketing literature.  We cannot, however, guarantee that all such descriptions, illustrations and/or photographs will be free of mistakes.  Nothing, however, excludes Our liability for mistakes due to negligence on Our part.

3.2               We are required by law to supply Goods that conform to the Contract.  If you receive any Goods that do not conform to descriptions, illustrations or photographs under sub-Clause 3.1 you may return those Goods to Us as provided in Clause 7.

3.3               If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any verbal descriptions, sales and marketing literature, price lists or any other information We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.  If, as a result of any such error or omission, you have received the wrong Goods, you may return the Goods to Us as provided in Clause 7.  If as a result of any such error or omission, you have paid too much, We will refund the excess paid for the Goods.

3.4               We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.

 

4. Orders

4.1               All Orders for Goods made by you via Our online shop will be subject to these Terms and Conditions.

4.2               You may change your Order at any time before We dispatch the Goods by contacting Us.  Requests to change Orders do not need to be made in writing.

4.3               If your Order is changed We will inform you of any change to the Price [when you contact Us, and will confirm the change] in writing.

4.4               If you change your mind, you may cancel your Order at any time before We dispatch the Goods by contacting Us.  Please refer to Clause 9 for details of your cancellation rights.

4.5               We may cancel your Order at any time before We dispatch the Goods in the following circumstances:

4.5.1         The Goods are no longer in stock and We are unable to re-stock (if, for example, the Goods are discontinued); or

4.5.2         An event outside of Our control continues for more than 4 weeks (please see Clause 12 for events outside of Our control).

4.6               If We cancel your Order under sub-Clause 4.5 and you have already paid for the Goods, the payment will be refunded to you within 14 Calendar Days.  If We cancel your Order, you will be informed by email.

 

5. Price and Payment

5.1               The Price of the Goods will be that shown in Our online shop at the time of your Order.

5.2               If We offer a Special Price, the Special Price will be valid for the period advertised.  If the Special Price requires a promotion or voucher code and you are unable to provide a valid promotion or voucher code when making your Order, the Special Price will not be available to you.  Orders placed during the validity period of a Special Price will be accepted at the Special Price even if We do not accept your Order until after the period has expired.

5.3               Our Prices may change at any time but these changes will not affect any Orders that We have already accepted.

5.4               We have made every reasonable effort to ensure that Our Prices, as shown in Our online shop are correct.  Prices will be checked when We process your Order.  If the correct Price of the Goods is lower than that shown in Our online shop, you will be charged the lower Price.  If the correct Price of the Goods is higher than that shown in Our online shop, We will inform you and ask you how you wish to proceed.

5.5               All Prices include VAT.  If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay.  Changes in VAT will not affect any Prices where We have already received payment from you.

5.6               Our Prices do not include the cost of delivery, which will be added on to the final sum due. Delivery options and costs will be shown to you before you place your Order.

5.7               All payments for Goods must be made in advance before We can dispatch the Goods to you.

5.8               We accept payment by PayPal only.

 

6. Delivery

6.1               When We send you an Order Confirmation, We will provide, along with a confirmation of the Pre-Contract Information, an estimated delivery date.  Please note that estimated delivery dates may vary according to the availability of Goods and your location.  In any event, subject to any circumstances beyond Our control, and subject to any longer period to which you agree when placing your Order (for Goods that We stock only on demand, for example), Goods will be delivered to you no more than 30 Calendar Days after the date that the Contract is formed (see sub-Clause 2.3).

6.2               You own the Goods once We have received payment in full for them.

6.3               The responsibility (sometimes referred to as the “risk”) for the Goods remains with Us until delivery at which point it will pass to you. Delivery will be deemed to have taken place when the Goods have been received at your chosen delivery address.

 

7. Returning Incorrect Goods

7.1               If you receive Goods that are incorrect, caused by a mistake made by Us in processing your Order or by Our incorrect description or information, you may return those Goods in exchange for a refund or replacement, subject to the provisions of this Clause 7.  This Clause 7 does not apply to Goods that are damaged or faulty or to situations where you have changed your mind and wish to exercise your statutory right to cancel your Contract with Us.  For such situations please refer to Clauses 8 and 9 respectively.

7.2               If you wish to return Goods to Us under this Clause 7, you must do so within a reasonable time (and in any event no more than 14 Calendar Days) of taking delivery.  Please contact Us at shop@englandhandball.com to inform Us of the error and to arrange your refund or replacement.

7.3               All Goods returned to Us under this Clause 7 must be returned in their original condition having been subjected to no more handling than is reasonably required to ascertain the nature and characteristics of the Goods in question (e.g. no more than would be permitted in a shop) and accompanied by proof of purchase.

7.4               You may return Goods to Us by post or another suitable delivery service of your choice to Our Returns Address.  For Goods returned under this Clause 7 We will reimburse you for reasonable postage or shipping costs (up to the equivalent of Royal Mail 1st class standard postage).

7.5               Refunds or replacements will be issued to you within 14 Calendar Days of Our receipt of the Goods by post or another suitable delivery service of your choice.

7.6               Please ensure you obtain a certificate of mailing from the Post Office or other proof of despatch. We do not accept responsibility for the loss of packages sent back to us by you and accordingly we encourage you to return the Goods using an insured and/or tracked delivery service.

7.7               Refunds under this Clause 7 may be subject to deductions or, if a replacement is being provided, you may be charged in the following circumstances:

7.7.1         For diminished value in the Goods resulting from your excessive handling of them.  For the purposes of this Clause 7, “excessive handling” means any more handling than is reasonably required to ascertain the nature and characteristics of the Goods in question.

7.7.2         We will make no deductions (or impose any charges) for damage to delivery packaging but We may make deductions or impose charges if the original packaging has been damaged (e.g. torn or otherwise unsealed in a way that would make it difficult or impossible to reseal the packaging and resell the Goods in “new” condition).

7.8               Refunds under this Clause 7 will be made using the same payment method you used when ordering the Goods.

 

8. Returning Damaged or Faulty Goods

8.1               If you receive Goods that are damaged or faulty you have the right to return those Goods in exchange for a refund or replacement, subject to the provisions of this Clause 8.  This Clause 8 does not apply to Goods that are incorrect or to situations where you have changed your mind and wish to exercise your statutory right to cancel your Contract with Us.  For such situations please refer to Clauses 7 and 9 respectively.

8.2               If you wish to return Goods to Us under this Clause 8 please do so as soon as reasonably possible after discovering the damage or fault. Please contact Us at shop@englandhandball.com to inform Us of the damage or fault and to arrange the return and your refund, replacement or repair.

8.3               This Clause 8 only applies to Goods that are damaged or faulty when you receive them.  Faults or damage caused by normal wear and tear or improper treatment do not entitle you to return Goods under this Clause 8.  We may require you to prove that the Goods in question were faulty on receipt if you return them to Us under this Clause 8 more than six Months after the delivery date.

8.4               This Clause 8 does not apply if you purchased the Goods having been told by Us of the particular damage or fault (if, for example, the Goods were sold as “seconds”, or at a discounted rate).

8.5               You may return Goods to Us by post or another suitable delivery service of your choice to Our Returns Address.  For Goods returned under this Clause 8 We will reimburse you for reasonable postage or shipping costs (up to the equivalent of Royal Mail 1st class standard postage).

8.6               Please ensure you obtain a certificate of mailing from the Post Office or other proof of despatch. We do not accept responsibility for the loss of packages sent back to us by you and accordingly we encourage you to return the Goods using an insured and/or tracked delivery service.

8.7               Refunds or replacements will be issued to you within 14 Calendar Days of Our receipt of the Goods by post or another suitable delivery service of your choice.

 

9. Your Right to Cancel If You Change Your Mind

9.1               As a consumer in the European Union you have a statutory right to cancel your Contract with Us up to 14 Calendar Days after you took delivery of the Goods.  This means you may cancel your Contract and return the Goods to Us for any reason. You may also cancel your Order before receiving Our Order Confirmation or after receiving the Order Confirmation but before We have dispatched the Goods.

9.2               If you wish to exercise your right to cancel under this Clause 9, you must inform Us of your decision.  You may do so in any way that is convenient to you.  Please ensure that you inform Us of your decision to cancel before the period in sub-Clause 9.1 expires.  (Note that the cancellation period is defined as whole Calendar Days.  If, for example, you send Us an email or a letter by 23:59 on the final day of the cancellation period, your cancellation will be valid and accepted.)  We provide a cancellation form that you may use if you wish to inform Us in writing.  The cancellation form and accompanying instructions are available from Our website at www.englandhandball.com/cancellations.

9.3               You must return the Goods to Us no more than 14 Calendar Days after the day on which you have informed Us that you wish to cancel under this Clause 9.

9.4               You may return Goods to Us by post or another suitable delivery service of your choice to Our Returns Address.  For Goods returned under this Clause 9 you are responsible for the cost of returning the Goods to Us and we will not reimburse these costs.

9.5               Please ensure you obtain a certificate of mailing from the Post Office or other proof of despatch. We do not accept responsibility for the loss of packages sent back to us by you and accordingly we encourage you to return the Goods using an insured and/or tracked delivery service.

9.6               Refunds under this Clause 9 will be issued to you within 14 Calendar Days of the following:

9.6.1         The day on which We receive the Goods back; or

9.6.2         The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier than the day under sub-Clause 9.8.1);

9.6.3         If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.

9.7               Refunds under this Clause 9 may be subject to deductions in the following circumstances:

9.7.1         Refunds may subject to deductions for any diminished value in the Goods resulting from your excessive handling of them.  For the purposes of this Clause 9, “excessive handling” means any more handling than is reasonably required to ascertain the nature and characteristics of the Goods in question.

9.7.2         We will make no deductions for damage to delivery packaging but We may make deductions if the original packaging has been damaged (e.g. torn or otherwise unsealed in a way that would make it difficult or impossible to reseal the packaging and resell the Goods in “new” condition).

9.8               Refunds under this Clause 9 will be made using the same payment method you used when ordering the Goods.

 

10. Our Liability

10.1            We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence up to the value of the Order or £100 whichever is the greater.  Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.

10.2            We only supply Goods for domestic and private use by consumers.  We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale).  We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

10.3            Nothing in these Terms and Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

10.4            Furthermore, nothing in these Terms and Conditions seeks to exclude or limit Our liability for the following with respect to your rights as a consumer:

10.4.1      Breach of your right to title and quiet possession as implied by Section 12 of the Sale of Goods Act 1979;

10.4.2      Breach of terms relating to description, satisfactory quality, fitness for purpose and samples as implied by Sections 13, 14 and 15 of the Sale of Goods Act 1979;

10.4.3      Our liability relating to defective products as set out in the Consumer Protection Act 1987.

 

11. Events Outside of Our Control (Force Majeure)

11.1            We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

11.2            If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

11.2.1      We will inform you as soon as is reasonably possible;

11.2.2      Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;

11.2.3      We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;

11.2.4      If the event outside of Our control continues for more than 4 weeks We will cancel the Contract and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;

11.2.5      If an event outside of Our control occurs and you wish to cancel the Contract, you may do so.  Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible.

 

12. Communication and Contact Details

12.1            You may contact Us by telephone at 01925 246482 or by email at shop@englandhandball.com.

 

13. How We Use Your Personal Information (Data Protection)

13.1            All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.

13.2            We may use your personal information to:

13.2.1      Provide Our Goods and services to you;

13.2.2      Process your Order (including payment) for the Goods; and

13.2.3      Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it).  You may request that we stop sending you this information at any time.

13.3            We will not pass on your personal information to any third parties without first obtaining your express permission.

 

14. Other Important Terms

14.1            We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

14.2            You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.

14.3            The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

14.4            If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions.  The remainder of these Terms and Conditions shall be valid and enforceable.

14.5            No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

 

15. Governing Law and Jurisdiction

15.1            These Terms and Conditions (and the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

15.2            Any dispute, controversy, proceedings or claim between Us and you relating to these Terms and Conditions (or the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the non-exclusive jurisdiction of the courts of England and Wales.