TERMS AND CONDITIONS
Please
read all these Terms and Conditions.
As we can accept your order and make a legally
enforceable agreement without further reference to you, you must read these
Terms and Conditions to make sure that they contain all that you want and
nothing that you are not happy with.
Application
1. These Terms and Conditions will apply to
the purchase of the services and goods by you (the Customer or you). We are SM Sports Distribution
LTD a company registered in under
number 15150674 whose registered office is at 30 Rudloe
Drive, Gloucester , Gloucestershire , GL2 2FY (07865047141)
(the Supplier or us or we).
2. These are the terms on which we sell all
Services to you. Before
placing an order on the Website, you will be asked to agree to these Terms and
Conditions by clicking on the button marked ‘I Accept’. If you do not click on
the button, you will not be able to complete your Order. You
can only purchase the Services and Goods from the Website if you are eligible
to enter into a contract and are at least 18 years old.
Interpretation
3. Consumer means an individual acting for
purposes which are wholly or mainly outside their trade, business, craft or
profession;
4. Contract means the legally-binding agreement
between you and us for the supply of the Services;
5. Delivery
Location means
the Supplier’s premises or other location where the Services are to be
supplied, as set out in the Order;
6. Durable
Medium means
paper or email, or any other medium that allows information to be addressed
personally to the recipient, enables the recipient to store the information in
a way accessible for future reference for a period that is long enough for the
purposes of the information, and allows the unchanged reproduction of the
information stored;
7. Goods means any goods that we supply to you
with the Services, of the number and description as set out in the Order;
8. Order means the Customer’s order for the
Services from the Supplier as submitted following the step by step process set
out on the Website;
9. Privacy
Policy means
the terms which set out how we will deal with confidential and personal
information received from you via the Website;
10.
Services means the services advertised on the Website,
including any Goods, of the number and description set out in the Order;
11.
Website means our website SMsports.uk on which the goods
are advertised.
Services
12.
The
description of the Services and any Goods is as set out on the Website,
catalogues, brochures or other form of advertisement. Any description is for
illustrative purposes only and there may be small discrepancies in the size and
colour of any Goods supplied.
13.
All
Services which appear on the Website are subject to availability.
Personal Information
14. We retain and use all information strictly
under the Privacy Policy.
15. We may contact you by using e-mail or other
electronic communication methods and by pre-paid post and you expressly agree
to this.
Basis of Sale
16. The description of the Services and any
Goods in our website does not constitute a contractual offer to sell the
Services or Goods. When an Order has been submitted on the Website, we can
reject it for any reason, although we will try to tell you the reason without
delay.
17. The Order process is set out on the
Website. Each step allows you to check and amend any errors before submitting
the Order. It is your responsibility to check that you have used the ordering
process correctly.
18. A Contract will be formed for the Services
ordered only when you receive an email from us confirming the Order (Order Confirmation). You
must ensure that the Order Confirmation is complete and accurate and inform us
immediately of any errors. We are not responsible for any inaccuracies in the
Order placed by you. By placing an Order you agree to us giving you
confirmation of the Contract by means of an email with all information in it
(ie the Order Confirmation). You will receive the Order Confirmation within a
reasonable time after making the Contract, but in any event not later than the
delivery of any Goods supplied under the Contract, and before performance
begins of any of the Services.
19. No variation of the Contract, whether about
description of the Services, Fees or otherwise, can be made after it has been
entered into unless the variation is agreed by the Customer and the Supplier in
writing.
20.
We
intend that these Terms and Conditions apply only to a Contract entered into by
you as a Consumer. If this is not the case, you must tell us, so that we can
provide you with a different contract with terms which are more appropriate for
you and which might, in some respects, be better for you, eg by giving you
rights as a business.
Fees and Payment
21. The fees (Fees) the price of any Goods
(if not included in the Fees) and any additional delivery or other charges is
that set out on the Website at the date we accept the Order or such other price
as we may agree in writing. Prices for Services may be calculated on a fixed
price or on a standard daily rate basis.
22.
You
must pay by submitting your credit or debit card details with your Order and we
can take payment immediately or otherwise before delivery of the Services.
Delivery
29.
We
will deliver the Services, including any Goods, to the Delivery Location by the
time or within the agreed period or, failing any agreement:
a. in the case of Goods, without undue delay
and, in any event, not more than 15 working days for UK Order after the day on
which the Contract is entered into. For International Orders this may take up
to 30 working days.
30.
In any
case, regardless of events beyond our control, if we do not deliver the Goods
on time, you can (in addition to any other remedies) treat the Contract at an
end if:
a. we have refused to deliver the Goods, or if
delivery on time is essential taking into account all the relevant
circumstances at the time the Contract was made, or you said to us before the
Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time,
you have specified a later period which is appropriate to the circumstances and
we have not delivered within that period.
31.
If you
treat the Contract at an end, we will (in addition to other remedies) promptly
return all payments made under the Contract.
32.
If you
were entitled to treat the Contract at an end, but do not do so, you are not
prevented from cancelling the Order for any Goods or rejecting Goods that have
been delivered and, if you do this, we will (in addition to other remedies)
without delay return all payments made under the Contract for any such
cancelled or rejected Goods. If the Goods have been delivered, you must return
them to us or allow us to collect them from you and we will pay the costs of
this.
33.
If,
however, we accept an International Order outside the UK, you may need to pay
import duties or other taxes, as we will not pay them.
34.
You
agree we may deliver the Goods in instalments if we suffer a shortage of stock
or other genuine and fair reason, subject to the above provisions and provided
you are not liable for extra charges.
35.
If you
or your nominee fail, through no fault of ours, to take delivery of the
Services at the Delivery Location, we may charge the reasonable costs of
storing and redelivering them.
36.
The
Goods will become your responsibility from the completion of delivery or
Customer collection. You must, if reasonably practicable, examine the Goods
before accepting them.
Risk and Title
39.
Risk
of damage to, or loss of, any Goods will pass to you when the Goods are
delivered to you.
40.
You do
not own the Goods until we have received payment in full. If full payment is
overdue or a step occurs towards your bankruptcy, we can choose, by notice to
cancel any delivery and end any right to use the Goods still owned by you, in
which case you must return them or allow us to collect them.
Withdrawal , Returns and
Cancellation
41.
You
can withdraw the Order by telling us before the Contract is made, if you simply
wish to change your mind and without giving us a reason, and without incurring
any liability.
42.
You
can cancel the Contract except for any Goods which are made to your special
requirements by telling us no later than 30 days after
the Contract was made, if you simply wish to change your mind and without
giving us a reason, and without liability, except in that case, you must return
to any of our business premises the Goods in undamaged condition at your
expense. Then we must without delay refund to you the price for those Goods and
Services which have been paid for in advance, but we can retain any separate
delivery charge. This does not affect your rights when the reason for the
cancellation is any defective Goods or Services. This Returns Right is
different and separate from the Cancellation Rights below.
43.
This
is a distance contract (as
defined below) which has the cancellation rights (Cancellation Rights) set out
below. These Cancellation Rights, however, do not apply, to a contract for the
following goods and services (with no others) in the following circumstances:
a. foodstuffs, beverages or other goods
intended for current consumption in the household and which are supplied on
frequent and regular rounds to your residence or workplace;
b. goods that are made to your specifications
or are clearly personalised;
c. goods which are liable to deteriorate or
expire rapidly.
Right
to Cancel
44.
Subject
as stated in these Terms and Conditions, you can cancel this contract within 14
days without giving any reason.
45.
The
cancellation period will expire after 14 days from the day on which you
acquire, or a third party, other than the carrier, indicated by you, acquires
physical possession of the last of the Goods. In a contract for the supply of
services only (without goods), the cancellation period will expire 14 days from
the day the Contract was entered into. In a contract for the supply of goods
over time (ie subscriptions), the right to cancel will be 14 days after the
first delivery.
46.
To
exercise the right to cancel, you must inform us of your decision to cancel
this Contract by a clear statement setting out your decision (eg a letter sent
by post or email). You can use the attached model cancellation form, but it
is not obligatory. In any event, you must be able to show clear evidence of
when the cancellation was made, so you may decide to use the model cancellation
form.
47.
You
can also electronically fill in and submit the model cancellation form or any
other clear statement of the Customer’s decision to cancel the Contract via
email to Stuartmoakes@smspsortsdistribution.co.uk. If you use this option, we
will communicate to you an acknowledgement of receipt of such a cancellation in
a Durable Medium (eg by email) without delay.
48.
To
meet the cancellation deadline, it is sufficient for you to send your
communication concerning your exercise of the right to cancel before the
cancellation period has expired.
Effects
of Cancellation in the Cancellation Period
50.
Except
as set out below, if you cancel this Contract, we will reimburse to you all
payments received from you, including the costs of delivery (except for the
supplementary costs arising if you chose a type of delivery other than the
least expensive type of standard delivery offered by us).
Deduction
for Goods Supplied
52.
We may
make a deduction from the reimbursement for loss in value of any Goods
supplied, if the loss is the result of unnecessary handling by you (ie handling
the Goods beyond what is necessary to establish the nature, characteristics and
functioning of the Goods: eg it goes beyond the sort of handling that might be
reasonably allowed in a shop). This is because you are liable for that loss
and, if that deduction is not made, you must pay us the amount of that loss.
Timing
of Reimbursement
53.
If we
have not offered to collect the Goods, we will make the reimbursement without
undue delay, and not later than:
a. 14 days after the day we receive back from
you any Goods supplied, or
b. (if earlier) 14 days after the day you
provide evidence that you have sent back the Goods.
54.
If we
have offered to collect the Goods or if no Goods were supplied or to be supplied
(ie it is a contract for the supply of services only), we will make the
reimbursement without undue delay, and not later than 14 days after the day on
which we are informed about your decision to cancel this Contract.
55.
We
will make the reimbursement using the same means of payment as you used for the
initial transaction, unless you have expressly agreed otherwise; in any event,
you will not incur any fees as a result of the reimbursement.
Returning
Goods
56.
If you
have received Goods in connection with the Contract which you have cancelled,
you must send back the Goods without delay and in any event not later than
14 days from the day on which you communicate to us your cancellation of this
Contract. The deadline is met if you send back the Goods before the period of
14 days has expired. You agree that you will have to bear the cost of returning
the Goods.
57.
For
the purposes of these Cancellation Rights, these words have the following
meanings:
a. distance
contract means
a contract concluded between a trader and a consumer under an organised
distance sales or service-provision scheme without the simultaneous physical
presence of the trader and the consumer, with the exclusive use of one or more
means of distance communication up to and including the time at which the
contract is concluded;
b. sales
contract means
a contract under which a trader transfers or agrees to transfer the ownership
of goods to a consumer and the consumer pays or agrees to pay the price, including
any contract that has both goods and services as its object.
Conformity and Guarantee
58.
We
have a legal duty to supply the Goods in conformity with the Contract, and will
not have conformed if it does not meet the following obligation.
59.
Upon
delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular
purpose for which you buy the Goods which, before the Contract is made, you
made known to us (unless you do not actually rely, or it is unreasonable for
you to rely, on our skill and judgment) and be fit for any purpose held out by
us or set out in the Contract; and
c. conform to their description.
60.
It is
not a failure to conform if the failure has its origin in your materials.
61.
We
will immediately, or within a reasonable time, give you the benefit of the free
guarantee given by the manufacturer of the Goods. Details of the guarantee,
including the name and address of the manufacturer, the duration and territorial
scope of the guarantee, are set out in the manufacturer’s guarantee supplied
with the Goods. This guarantee will take effect at the time the Goods are
delivered, and will not reduce your legal rights.
62.
In
relation to the Services, anything we say or write to you, or anything someone
else says or writes to you on our behalf, about us or about the Services, is a
term of the Contract (which we must comply with) if you take it into account
when deciding to enter this Contract, or when making any decision about the
Services after entering into this Contract. Anything you take into account is
subject to anything that qualified it and was said or written to you by us or
on behalf of us on the same occasion, and any change to it that has been
expressly agreed between us (before entering this Contract or later).
Circumstances Beyond the Control of Either
Party
63. In the event of any failure by a party
because of something beyond its reasonable control:
a. the party will advise the other party as
soon as reasonably practicable; and
b. the party’s obligations will be suspended
so far as is reasonable, provided that that party will act reasonably, and the
party will not be liable for any failure which it could not reasonably avoid,
but this will not affect the Customer’s above rights relating to delivery (and
the right to cancel below).
Privacy
64. Your privacy is critical to us. We respect
your privacy and comply with the General Data Protection Regulation with regard
to your personal information.
65.
These
Terms and Conditions should be read alongside, and are in addition to our
policies, including our Privacy Policy (https://smsports.uk/privacy-policy/).
66.
For
the purposes of these Terms and Conditions:
a. ‘Data Protection Laws’ means any applicable
law relating to the processing of Personal Data, including, but not limited to the
GDPR.
b. ‘GDPR’ means the UK General Data Protection
Regulation.
c. ‘Data Controller’, ‘Personal Data’ and
‘Processing’ shall have the same meaning as in the GDPR.
67.
We are
a Data Controller of the Personal Data we Process in providing the Services and
Goods to you.
68.
Where
you supply Personal Data to us so we can provide Services and Goods to you, and
we Process that Personal Data in the course of providing the Services and Goods
to you, we will comply with our obligations imposed by the Data Protection
Laws:
a. before or at the time of collecting
Personal Data, we will identify the purposes for which information is being
collected;
b. we will only Process Personal Data for the
purposes identified;
c. we will respect your rights in relation to
your Personal Data; and
d. we will implement technical and
organisational measures to ensure your Personal Data is secure.
69.
For
any enquiries or complaints regarding data privacy, you can e-mail: Stuartmoakes@smsportsdistribution.co.uk.
Excluding Liability
75.
The
Supplier does not exclude liability for: (i) any fraudulent act or omission; or
(ii) death or personal injury caused by negligence or breach of the Supplier’s
other legal obligations. Subject to this, we are not liable for (i) loss which
was not reasonably foreseeable to both parties at the time when the Contract
was made, or (ii) loss (eg loss of profit) to your business, trade, craft or
profession which would not be suffered by a Consumer – because we believe you
are not buying the Services and Goods wholly or mainly for your business,
trade, craft or profession.
Governing Law, Jurisdiction and Complaints
76.
The
Contract (including any non-contractual matters) is governed by the law
of England and Wales.
77.
Disputes
can be submitted to the jurisdiction of the courts of England and Wales or, where
the Customer lives in Scotland or
Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
78.
We try
to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should
contact us to find a solution. We will aim to respond with an appropriate
solution within 5 days.