General
These terms and conditions are governed by the laws of England
and you hereby consent to the exclusive jurisdiction of
the English courts.
Each provision of these terms and conditions excluding or
limiting liability shall be construed separately, applying
and surviving even if for any reason one or other of those
provisions is held to be inapplicable or unenforceable in
any circumstances.
Price and Delivery of Products
The price of the Products shall be the price quoted on the
Site and includes VAT @ 17.5%. Payment details must be provided
by you on the date that we accept your order.
In respect of Goods only: the delivery of Goods shall be
subject to payment by you of the delivery charges specified
on the Site which may be changed by us at our discretion.
E.g. the purchase of single items are charged a minimum
of £5 and £2.50 thereafter for each item. Additional
charges may apply to items that are above a certain weight
(10KG).
You confirm that you have given us the correct billing address
of your credit/debit card and, in respect of Goods and if
different to the billing address, that you have also notified
us of the correct delivery address.
All Goods are delivered depending on size/weight either
by Royal Mail first class or by private courier delivery
being Monday to Saturday. To ensure that you have received
your Goods, the private courier will request a signature
for proof of delivery, therefore please select a delivery
address most convenient to you. Provided that your order
is placed by 5pm, then subject to availability, deliveries
of Goods within the UK will normally be made within 3 to
5 working days. We will notify you either if there will
be a delay or if the item is no longer available. If the
item is no longer available, we reserve the right to offer
you an alternative similar in price and quantity. .
All prices displayed on goods include VAT (17.5%).
Payment
Payment can be made by Mastercard, Visa, Debit Cards, Connect
, Solo or Electron cards. Payment will be debited from your
account before the despatch of your purchase.
You confirm that the credit/debit card that is being used
is yours.
We also accept payment by cheque, however the goods cannot
be dispatched until the cheque has been cleared. Please
send the cheque with your address and cheque card number
on the back to: Lemarr Sports and Leisure, 810 Hertford
Road, Enfield, Middlesex, EN3 6UE.
You may also order by telephone, by calling 01992 716151
Monday to Saturday, 9am to 5pm. Please have to hand the
details of the goods you wish to purchase and the method
of payment.
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 unauthorised access to any data
you provide when accessing or ordering from the Site.
Risk & Property
The provisions in this Clause 3 relate only to Goods.
Once the Goods have been received by you, all risk of damage
to, or loss of, the Goods shall pass to you. Irrespective
of delivery and the passing of risk in the Goods, or any
other provision of these conditions, the ownership of the
Goods shall not pass to you until we have received in cash
or cleared funds payment in full for the price of the Goods
and all other Goods agreed to be sold by us to you for which
payment is then due. Until such time as the ownership of
the Goods passes to you, we shall be entitled to ask you
to return the Goods to us.
Warranties & Replacements
The following relate only to Goods:
Subject as set out below, the Goods are sold with the benefit
of and subject to the terms applicable to such warranty
as is given by the manufacturer of the Goods.
There shall be no liability under any such warranty or guarantee
if the total price for the Goods has not been paid by the
due date for payment.
If a valid warranty claim is made within 30 days of purchase
of new Goods we will satisfy in full our liability to you
by either replacing the Goods free of charge; or refunding
to you the price you paid for the Goods if the exact same
item is not in stock.
Where you are dealing as a consumer (within the meaning
of the Unfair Contract Terms Act 1977 and Unfair Terms in
Consumer Contracts Regulations) your statutory rights are
not affected by these Purchase Terms ie. if the Goods are
faulty or not what you ordered, in this case please provide
a full description of the fault and return the defective
item in it's original box (if any), and return to Lemarr
Sports and Leisure, 810 Hertford Road, Enfield, Middlesex,
EN3 6UE. With all receipts, warranties, licences,
manual and accessories.
Exchange/Refund
The provisions in this Clause 5 relate only to Goods:
If you return Goods to us within 7 days from the purchase
date of such Goods in perfect condition and, with the original
packaging and original invoice/receipt, then we will give
you a full refund. The refund will be in the form of the
original method of payment. However, you will be responsible
for the cost of returning the Goods to us. Please send the
Goods to Lemarr Sports and Leisure, 810 Hertford
Road, Enfield, Middlesex, EN3 6UE. This does not
apply to custom products. Once in production, these goods
cannot be cancelled. The goods can only be returned if there
is a fault in the product
We are fully compliant with the Consumer Protection (Distance
Selling) Act, which provides for a 7 day 'cooling off' period
after an order is placed, during which time goods may be
cancelled or returned (as long as they are unused and in
their original packaging). This does not apply to personalised
products. Once in production, these goods cannot be cancelled.
The goods can only be returned if there is a fault in the
product
Please also note that our returns policy does not affect
your statutory rights as costumer, ie. if the gifts are
faulty or not what you ordered. In this case please provide
a full description of the fault and return the defective
item in its original box (if any) to the address above with
all receipts, warranties, licences, manuals and accessories.
In these circumstances we will pay for the reasonable delivery
of the goods. When returning the items you must contact
us on 01992 716151 prior to returning the items to agree
a method and date for return.
Liability
Nothing in these Purchase Terms shall exclude or limit liability
for death or personal injury resulting from our negligence
or that of our servants, agents or employees.
Our liability in contract, tort, negligence, pre-contract
or other representations or otherwise arising out of or
in connection with these Purchase Terms or the performance
or observance of our obligations under these Purchase Terms,
and every applicable part of it shall be limited in aggregate
to all sums paid by you to us.
In any event, we shall not be liable to you under, or in
connection with these Purchase Terms in contract, tort,
negligence, pre-contract or other representations (other
than fraudulent or negligent representations) or otherwise
for any loss of business, contracts, profits or anticipated
savings or for any indirect or consequential economic loss
whatsoever.
Each provision of this Clause 6 excluding or limiting liability
shall be construed separately, applying and surviving even
if for any reason one or other of these provisions is held
inapplicable or unenforceable in any circumstances and shall
remain in force notwithstanding the expiry or termination
of our agreement.
Modification of these Terms
and Conditions
We reserve the right to change these terms and conditions
from time to time. By continuing to use the Site following
any such change you will be deemed to have accepted such
change. It is your responsibility to check regularly to
determine whether these terms and conditions have been changed.
If you do not agree to any such change you must immediately
stop using the Site.
No waiver by us shall be construed as a waiver of any proceeding
or succeeding breach of any provision.