Terms & conditions
1. THESE TERMS
1.1 These are the terms and conditions (Terms) on which we supply products to you.
1.2 Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. ABOUT US
2.1 We are Sports of Bond Street based at 15/16 Bond Street, Yeovil, Somerset, BA20 1PE England.
We have a website: https://www.sportsofbondstreet.co.uk
2.2 You can contact us by telephone at +44(0)1935 423368
or by email at firstname.lastname@example.org
or at the address in para 2.1
2.3 If we need to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 When we use the words “writing” or “written” in these Terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 Our contract. These Terms apply to the order by you and supply of goods by us to you (Contract).
No other terms are implied by trade, custom, practice or course of dealing.
3.2 Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
3.3 Language. These Terms and the Contract are made only in the English language.
4. ORDERS AND ACCEPTANCE
4.1 Placing your order. You can place your order online, by email or by telephone. Each order is an offer by you to buy the goods or bespoke goods being made to your specification provided by you (Bespoke Goods) as specified in the order (together Goods) subject to these Terms.
4.2 Correcting input errors. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.
4.3 Accepting your order. Our acceptance of your order takes place when we provide you confirmation and a sales order number on the website, by phone or by email, at which point the Contract between you and us will come into existence.
4.4 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Goods. This may be because the product is out of stock, because of unexpected limits on our resources for which we could not reasonably plan, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
4.5 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
5. OUR GOODS
5.1 The images of the Goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Goods. The colour of your Goods may vary slightly from those images.
5.2 Although we have made every effort to be as accurate as possible, because some of our Bespoke Goods are handmade, all sizes, weights, capacities, dimensions and measurements indicated have a 2% tolerance.
5.3 The packaging of the product may vary from that shown in images on our website.
5.4 We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement.
6. DELIVERY, TRANSFER OF RISK AND TITLE
6.1 We will contact you with an estimated delivery date. We aim for a maximum of 5 working days but in any event will be within 60 days after the date on which we email you to confirm our acceptance of your order. Occasionally our delivery to you may be affected by an Event Outside Our Control (Clause 15).
6.2 Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order or collected by you or a carrier organised by you to collect them from us and the Goods will be at your risk from that time.
6.3 Title to the Goods shall not pass to you until we receive payment in full for the Goods.
6.4 If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.
7. INTERNATIONAL DELIVERY
7.1 We are capable of delivering to a number of international delivery destinations. However, there are restrictions on some Goods for certain international delivery destinations. Please ensure you thoroughly research all restrictions and contact us by phone/email before placing your order as delivery charges will be higher and must be paid prior to despatch.
7.2 If you order Goods from us for delivery to one of the international delivery destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges, and we cannot predict their amount.
7.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
7.4 You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.
8. YOUR RIGHTS TO MAKE CHANGES
8.1 If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
9. PRICE OF GOODS AND DELIVERY CHARGES
9.1 The prices of the Goods will be as quoted at the time you submit your order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see Clause 9.5 for what happens if we discover an error in the price of Goods you ordered.
9.2 Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.
9.3 The price of the Goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order or as listed below:
9.3.1 Free to all United Kingdom mainland addresses, Northern Ireland, the Channel Islands, Scottish Highlands and all islands inclusive of the Isle of Man, based on a minimum order value of £100.00. Any orders below this value will incur a £4.50 plus VAT delivery charge; or
9.3.2 free to all Republic of Ireland addresses based on a minimum order value of €150.00 (euros). Any orders below this value will incur a delivery charge of €8.00 (euros).
Due to certain restrictions and regulations regarding parcel weights and sizes, certain goods may be subject to an additional delivery charge determined on receipt of order.
9.4 We sell a large number of Goods through our site. It is always possible that, despite our reasonable efforts, some of the Goods on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
9.4.1 where the Goods’ correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Goods to you; and
9.4.2 if the Goods’ correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.
9.5 If you mistakenly pay a higher amount than the price quoted for the Goods we will refund you this additional amount by the payment method used by you to pay within 30 days of receipt of your request.
10. HOW TO PAY
10.1 You can pay for Goods online using a debit card or credit card, or by telephone card payment.
11.1 You may cancel the Contract and receive a refund, if you notify us as set out in clause 11.3 within 30 days of our acceptance email.
11.2 However, this cancellation right does not apply in the case of Bespoke Goods.
11.3 To cancel the Contract, you must contract us with the order number. We will email you to confirm we have received your cancellation.
11.4 If you have returned the Goods to us under this Clause 11 because they are faulty or incorrectly described, we will refund the price of the Goods by the payment method used by you to pay.
11.5 If you return the Goods for any other reason to those listed in Clause 11.4, we will refund the price of the Goods by the payment method used by you to pay and deduct a handling charge as a minimum of 10% of the price paid for the Goods.
11.6 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
12. INTELLECTUAL PROPERTY RIGHTS
12.1 All intellectual property rights in or arising out of or in connection with Bespoke Goods (other than intellectual property rights in any materials provided by you) shall be owned by us.
12.2 We grant you, or shall procure the direct grant to you of, a fully paid-up, worldwide, non-exclusive, royalty free perpetual and irrevocable licence to copy the Bespoke Goods (excluding materials provided by you) for the purpose of receiving and using the Bespoke Goods.
12.3 You shall not sub-licence, assign or otherwise transfer the rights granted in Clause 12.2.
12.4 You grant us a full paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to us for the term of the Contract for the purpose of providing the Bespoke Goods to you.
13. OUR LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
13.1 Nothing in these Terms limits or excludes our liability for:
13.1.1 death or personal injury caused by our negligence;
13.1.2 fraud or fraudulent misrepresentation;
13.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
13.4 except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
15.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
15.2.1 we will contact you as soon as reasonably possible to notify you; and
15.2.2 our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 60 days. To cancel please contact us.
17.1 Assignment and transfer. We may assign or transfer our rights and obligations under the Contract to another entity.
17.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
17.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
17.6 Governing law and jurisdiction. This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.