Terms & Conditions

These Terms and Conditions are subject to The Consumer Protection (Distance Selling) Regulations 2000 and the Normal Trading Act of 1983 and are governed by UK law.

 

Scope of the Terms

These General Terms and Conditions exclusively apply to all business relations between a customer (hereinafter referred to as the “Customer”) and Webb Ellis Limited (hereinafter referred to as the “Company”) relating to products offer by the Company and purchased by the Customer through the website as defined below. The laws of the UK shall apply.

 

The applicability of conditions of the Customer, if any, is explicitly excluded.

 

Provisions that deviate from these General Terms and Conditions can be invoked by the Customer only if and to the extent that these provisions are accepted by the Company in writing.

 

Conclusion of the Contract

Orders placed by the Customer via the website www.webb-ellis.co.uk (hereinafter referred to as the “Website”) for the products offered by the Company through the Website are only on offer to conclude a sales contract. The sales contract is only concluded upon the confirmation by the Company of the order by email to the Customer.

 

The Company shall be free to engage the services of third parties for the performance of its obligations under a sales contract.

 

The Company decides at its sole discretion whether or not to accept any order. Should the Company not respond within 10 business days after the order has been placed, then the order is deemed to have been rejected.

 

All information provided by the Company, whether through electronic intermittence or by telephone, shall be as accurate as reasonably possible. However, the Company shall not be liable for any error. More specifically, delivery data shall be indicative only and the images of products offered on the Website are for illustration purposes only and the Company shall not be bound thereby in any way whatsoever.

 

Price and costs

The price of a product as shown on the Website (hereinafter referred to as the “Purchase Price”) is inclusive of applicable taxes but exclusive of shipping costs, which will be added to the total amount due.

 

The Company reserves the right to change the Purchase Price of any of the products offered at any time before a contract between the Company and the Customer is concluded.

 

It is always possible that, despite the Company’s best efforts, some of the products we sell may be incorrectly priced. The Company will normally check prices as part of its dispatch procedure so that, where products’ correct price is less that its stated price, the Company will charge the lower amount when dispatching the products to the Customer. If the products’ correct price is higher than the price stated on the Website, the Company will normally, at its discretion, either contact the Customer for instructions before dispatching the products, or reject the order and notify the Customer. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by the Customer as a mis-pricing, the Company does not have to provide the products to the Customer at the incorrect (lower) price.

 

Cancellation, Policy on Returns, Filing of complaints

The Customer has a right to cancel the sales contract as per the terms set forth below. The Customer is not obliged to include the reason for cancelling the sales contract. Such cancellation shall be made in writing or by return of the products within seven days of receipt of the products by the Customer to the Company. The Company orders can be cancelled within two hours after placing the order.

 

The Customer bears the risk of the returned products.

 

The above right to cancellation does not exist with regard to products made according to the Customer’s specifications which are personalised or with regard to footwear or which are not suitable for return due to their nature and/or constitution. Customers’ statutory rights shall remain unaffected.

 

In relation to personalised items, the Customer hereby acknowledges its sole responsibility for created designs. The Company is not required to review Customers’ designs and therefore the Customer is responsible for ensuring that the design does not infringe intellectual rights of third parties.

 

Customer generated designs are user generated content and the Customer agrees that it shall have no claims against the Company. All posted designs become property of the Company.

 

The Company has the right to set off any depreciation of products returned in case of (mis)use of the products. This is not applicable if the depreciation is the sole result of the examination of the products.

 

The return of the products shall, as much as possible, include the original packaging, and shall be posted to the following address:

 

Webb Ellis Limited

Returns Department

5&6 St. Matthew’s Street

Rugby

Warwickshire

CV21 3BY

 

Should the Company accept a return it receives from a customer, payments already received in relation to the returned product only shall be refunded as soon as possible and, in any case, within 30 days of the date the Company accepts a return. For the avoidance of doubt, the Company shall not refund any postage costs the Customer incurs as a result of returning product to the Company, save in relation to product that the Company deems in its absolute discretion to be faulty.

 

In case a Customer wishes to file a written complaint regarding any part of concluding or executing a sales contract following an order made by the Customer via the Website, the Customer is entitled to do so at the following address:

 

Webb Ellis Limited

Website Customer Services Department

5&6 St. Matthew’s Street

Rugby

Warwickshire

CV21 3BY

 

Delivery

Delivery is made to the address stipulated by the Customer.

 

The Company will take reasonable steps to meet the delivery date set out on the order or as otherwise agreed between the Customer and the Company in writing. However, occasionally, delivery may be affected by factors beyond the Company’s control and so cannot be guaranteed. The Company will let the Customer know if it becomes aware of an unexpected delay and will arrange a new delivery date with the Customer.

 

Orders containing regular product and customised/club branded product may be delivered separately due to different lead times.

 

The Company reserves the right to deliver products ordered partially. The Company will not charge the Customer extra delivery costs for this. However, in the event that the Customer requests that the Company deliver the order in instalments, the Company may charge the Customer for extra delivery costs. Each instalment shall constitute a separate contract. If the Company is late delivering an instalment or one instalment is faulty, that will not entitle the Customer to cancel any other instalment.

 

Delivery Costs

For orders weighing a total of less than 1kg, delivery carriage to addresses on mainland UK shall be £3.99 (including VAT). For orders weighing more than 1kg, standard delivery carriage to addresses on mainland UK shall be charged at £7.99 (including VAT). For any orders weighing in excess of 10kg, standard delivery carriage to addresses on mainland UK shall be charged at £19.99 (including VAT). Certain large items, such as tackle equipment, may incur additional postage charges, to be advised to the Customer at the Company’s discretion.

 

For deliveries to remote parts of the UK, carriage will be charged at cost. The Company cannot accept orders for despatch outside of the UK.

 

Inspection upon Delivery

The Company will send a delivery notification email regarding dispatch of the Customer’s product(s). The Customer should contact the Company within 14 days of receipt of this notification email in the event that they do not receive the product(s), the product(s) are damaged on delivery or there has been an over-delivery of product(s).

 

Defective Goods

In the unlikely event that the products do not conform with these terms, the Customer should let the Company know as soon as possible after delivery or within 7 days of receipt of the product(s). The Company will liaise with the Customer regarding the return of the product(s), which shall be at the Company’s cost, and once the Company has checked that the item(s) are faulty, it will:

a)     Provide the Customer with a full or partial refund; or

b)    Replace the item(s); or

c)     Repair the item(s)

 

For the avoidance of doubt, the Customer’s statutory rights shall remain unaffected.

 

These terms will apply to any repaired or replacement product(s) the Company supplies to the Customer.

 

Methods of Payment

Payment for all products must be made in advance by credit or debit card. The Company accepts payment with the following: MasterCard and VISA credit cards and Visa, Solo and Maestro debit cards.

 

Products shall only be dispatched to the Customer after full payment has been received by the Company. If there is any delay in receiving the payment confirmation with the order, the Company shall notify the Customer within 7 days of the delay to the order and will seek alternative payment methods.

 

Title & Risk

All products will be the Customer’s responsibility from the time of delivery.

 

Ownership of the products will only pass to the Customer when the Company receives payment in full of all amounts owed to the Company in connection with the products, including delivery charges.

 

Maintenance of Products

The washing and maintenance instructions indicated on the tags of the products are pointed out to the Customer. The Company does not bear costs or compensate any damage occurring to products due to improper handling or fair wear and tear.

 

Data Protection and Security

The Company shall adhere to the Data Protection Act regarding Customers’ personal information. The Company will take all reasonable steps to guard against fraud, and shall only use card processing systems which are level 1 PCI DSS compliant.

 

The Company may send marketing and sales information to the Customer from time to time and acceptance of the Contract automatically elects the Customer to receive this information.

 

Liability

Subject to the final paragraph below under this Liability section, if either the Customer or the Company fails to comply with these terms, neither shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these terms.

 

Neither the Customer nor the Company shall be responsible for losses that result from the Company’s failure to comply with these terms, including but not limited to, losses that fall into the following categories:

a)     Loss of income or revenue;

b)    Loss of business;

c)     Loss of anticipated savings;

d)    Loss of data’ or

e)     Any waste of time.

However, the above shall not prevent claims for foreseeable loss of, or damage to, a Customer’s physical property. For the avoidance of doubt, the Customer’s statutory rights shall remain unaffected.

 

Force majeure

The Company shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by events outside our reasonable control (Force Majeure Event).

 

A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond the Company’s reasonable control and includes, in particular (without limitation) the following:

a)     Adverse weather conditions; or

b)    Natural and/or environmental events; or

c)     Strikes, lock-outs or other industrial action; or

d)    Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or

e)     Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or

f)     Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or delay in the provision of the Company’s parts, goods or services ordered from third parties other than by circumstances to be imputed to the Company, accidents and interruptions of business operations; or

g)    Impossibility of the use of public or private telecommunications networks.

 

The Company’s obligations under these terms are suspended for the period that the Force Majeure Event continues, and it will have an extension of time to perform these obligations for the duration of that period. The Company will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which its obligations under these terms can be performed despite the Force Majeure Event.

 

Intellectual Property

The Customer acknowledges that the Company is and remains the sole and exclusive owner of all trade names, brand names, domain names, patents, copyrights, database rights, registered and unregistered designs and other proprietary trademarks of the Company. The Customer will in no event be granted the Company’s proprietary rights.

 

In particular, the Customer shall not register or use the Company’s proprietary rights in any manner whatsoever.

 

Assignment

The Customer shall not transfer any of its rights or obligations under these terms to another person without the Company’s prior written consent, which it will not withhold unreasonably. The Company may transfer all or any of its rights and obligations under these terms to another organisation, but this will not affect the Customer’s rights under these terms.

 

General

If any court or competent authority decides that any of the provisions of these terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

 

Jurisdiction

All disputes existing or arising between parties shall be heard exclusively by a UK court.

 

For all correspondence, please contact:

Webb Ellis Limited

5&6 St. Matthew’s Street

Rugby

Warwickshire

CV21 3BY

Telephone: 01788 567777

Email: sales@webb-ellis.co.uk

Company Registration: 265 2331

 

Last revised January 2011

 

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