TERMS AND CONDITIONS OF WEBSITE USE AND PURCHASE
- These are the terms and conditions of website use and purchase for www.eleven-sportswear.co.uk (the "Website"). The Website is operated by Eleven Sportswear UK Ltd ("Eleven Sportswear UK", "we", "us" and "our"). We are a limited company registered in England with registered company number 10981906 and with registered address at Mill House, Liphook Road, Haslemere, Surrey, GU27 3QE, United Kingdom.
- Your purchase of any of the products ("Products") or services ("Services") offered on the Website is subject to these terms and conditions and by placing an order for any Product or Service you agree to be bound by them.
- Your general use of the Website will be subject to these terms and conditions and by using the Website you agree to be bound by them.
- You should print a copy of these terms and conditions for future reference.
- Eleven Sportswear UK reserves the right to amend these terms & conditions from time to time by changing them on the Website, although no such change will affect any order you have already placed with us.
2. Access to the Website
- It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Website and is compatible with the Website.
- We cannot guarantee the continuous, uninterrupted or error-free operability of the Website. There may be times when certain features, parts or content of the Website, or the entire Website, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Website, or any features, parts or content of the Website.
3. What you are allowed to do
- 1. You may only use the Website for non-commercial use and to purchase Products or Services and only in accordance with these terms and conditions. You may retrieve and display content from the Website on a computer screen, print and copy individual pages and store such pages in electronic form. Content from the Website may be downloaded, viewed, listened to (where appropriate), printed and, subject to the next section, copied on the hard disk of your computer and photocopied in reasonable numbers. Any other type of use requires our prior written agreement.
- Additional terms may also apply to certain features, parts or content of the Website and, where they apply, will be displayed on-screen or accessible via a link.
4. What you are not allowed to do
- Except to the extent expressly set out in these terms and conditions, you are not allowed to:
- 'scrape' content or store content of the Website on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Website;
- remove, transmit or change any content of the Website or attempt to circumvent security or interfere with the proper working of the Website or the servers on which it is hosted; or
- create links to the Website from any other website, without our prior written consent.
- You must only use the Website and anything available from the Website for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
- All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them.
- To complete an order you must provide us with personal information including your name, address, and a valid email address. You must ensure this information is accurate and current. Responsibility for keeping the username and password confidential rests with you. By creating an account with Eleven Sportswear UK Ltd, you will be able to view, track and manage your orders. Alternatively you can checkout as a guest, this means that you don’t have to create an account with us, although it also means you will not be able to view your order details on our website. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use or other security breach of which you become aware by sending an appropriately worded email to firstname.lastname@example.org.
- We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions or if any details you provide for the purposes of registering as a Member prove to be false.
- You should ensure that you exit from your account at the end of each session, especially if you are accessing the Website from a shared or public computer.
6. Placing an Order
- Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order ("Order") up until the point at which you submit your order to us by clicking the "I confirm my order" button on the checkout page.
- If you click on the "I confirm my order" button Eleven Sportswear UK will treat this as an offer by you to purchase the Products or Services subject to these terms & conditions. You are responsible for ensuring the accuracy of your Order. When you place an Order we will send you an Order acknowledgement email containing all of the details of your Order. This is not an acceptance by us of your Order but is simply a confirmation that we have received your offer to purchase the Products or Services. All Orders are subject to acceptance by us. We are not obliged to accept your Order and may at our discretion, decline to accept any Order.
- Non-acceptance of an Order may be as a result of (but is not limited to) one of the following: the Product or Service ordered being out of stock; our inability to obtain the authorisation of payment; the identification of an error within the Product information, including price and promotion (see further below); or you not being aged 18 or over.
- You do however, acknowledge that by clicking on the "I confirm my order" button, you enter into an obligation to pay for the Products and/or Services and at this point you will be charged for the total value of the Order. This amount will be fully refunded to you in the event that we are unable to fulfil your Order for any reason. You will receive your refund as soon as possible and, in any case, within 14 days of being informed that we are unable to fulfil your Order.
- Our acceptance of your Order will take place when we dispatch your Order, in respect of Products, at which point we will send you a dispatch confirmation email ("Dispatch Confirmation"). If you have ordered Products, this will confirm that the Product(s) have been dispatched. The contract between you and us in relation to the Product(s) or Service(s) ordered ("Contract") will only be formed when we send you the Dispatch Confirmation. After entering into the Contract, we will be under a legal duty to supply you with goods or services that are in conformity with the Contract.
- The Contract will relate only to the Product(s) or Service(s) whose dispatch or supply we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Product(s) or Service(s) which may have been part of your Order until the dispatch or confirmation of such Product(s) or Service(s) has been confirmed in a separate Dispatch Confirmation.
- You may, after having placed an Order for Product(s) or Services, add other Products or Services either by following the ordering process as set out above, or by emailing us at email@example.com to ask us to add further Products or Services. If you email us rather than following the normal online ordering process, you may not be charged any additional delivery charges in respect of the additional Order, so long as we have not already dispatched the original Order. We will confirm by email whether there will be an additional delivery charge or not.
7. Pricing and Payment
- The price of the Products and Services shall be the price listed on the Website on the date of your Order.
- Prices are inclusive of VAT, should it be applicable, but exclusive of delivery charges which will be automatically added to the total amount due once you have selected your delivery destination and chosen delivery method. Delivery charges are set out in our Delivery and Returns page on the Website.
- All prices displayed on the Website are quoted in UK Pounds Sterling. Prices must be paid in full, including delivery charges, except where discounts are offered as detailed on the Website.
- Prices and delivery costs are liable to change at any time, but changes will not affect Orders in respect of which we have already sent you a Dispatch Confirmation.
- Payment for all Orders must be made by credit or debit card via our checkout page using Worldpay. We accept almost all major credit/debit cards for online orders and use Secure Card Encryption so your information is extremely safe. Your details are checked and we may hold an order until we receive correct details. We’ll contact you if we find the card or address details to be incorrect. Operation of the Eleven Sportswear UK Ltd site is completely secure and is solely within the control of Eleven Sportswear UK Ltd.
- You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason.
- You guarantee that you are fully authorised to use the credit/debit card supplied for the purposes of paying for your Order and that this credit/debit card has sufficient available funds to cover all of the purchase price of the Products or Services.
- From time to time we may run promotions where we issue discount codes. Discount codes will usually be emailed to you or advertised on the Website or handed out via leaflets. These can be used in part-payment of the price of Product(s) or Service(s) ordered online, subject to the terms and conditions under which they were issued (as indicated in our relevant promotion from which you got the code). Discount codes can only be used during the period of validity or for the number of uses stated and only in respect of the relevant Product(s) or Service(s) stated. We may also set a minimum spend against which a discount code can be used. Discount codes cannot be redeemed for cash. Only one discount code may be used per transaction, unless otherwise stated.
- Your Order will be delivered to the delivery address you specify when placing your Order.
- Our delivery times and charges are:
2-3 working days - £2.79
1 day delivery - £4.35
1 day special delivery - £7.25
- If your delivery address is geographically remote, for example certain outlying islands or other isolated locations, it is possible that we may not be able to deliver within the stated delivery time. If that is the case, we will notify you before we accept your Order.
- Deliveries are made by Royal Mail and Hermes Parcelnet Ltd. It is not possible to specify a precise time at which a delivery will take place. Please note that the courier may require deliveries to be signed for.
- Deliveries will be made to your door.
- If you need to change the delivery address you gave us at the time you made your Order, where possible we will do so, as long as we have not already sent you a Dispatch Confirmation. If you need us to try and change the delivery address, please email us at firstname.lastname@example.org. We will let you know as soon as possible whether we are able to change the delivery address.
- Products comprised within the same Order cannot be delivered to different addresses.
- Products delivered in the United Kingdom with a value of £15 and over will usually be sent via tracked delivery and you will be provided with a tracking number. Products delivered in the United Kingdom with a value of under £15 will usually not be sent via tracked delivery.
9. Lost packages
- A delivery tracking number will usually be given (you should receive an email with tracking number from the courier or you can find it by visiting the "My Account - Orders" section of the Website) so that you can track the progress of your Order. You should allow up to 24 hours from the receipt of the Dispatch Confirmation for the tracking number to be available, although this may be available sooner.
- If you cannot trace your Order via this tracking number you must get in touch with us via the Website, on email at email@example.com or go to the courier's website (if applicable and as detailed on the Dispatch Confirmation).
- We will begin an enquiry as soon as possible after you contact us, and you will be updated with any progress in tracing the Order by email. Please note that it may take up to (and in some circumstances beyond) 21 working days for the postal service or courier to trace the Order. If the Order is traced it will then be sent to you in accordance with our normal delivery procedure. If the Order cannot be traced, we will notify you and either send you a replacement Order free of charge, or where this is not possible (due to the Product(s) being out of stock, for example) proceed with a full refund for your Order (including delivery charges if any).
10. Risk and Ownership
- Risk of damage to or loss of the Products will pass to the customer on delivery at the agreed address. Ownership of the Product(s) ordered will also pass to you on delivery, provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.
11. Cancellation Rights
- Except in relation to certain Products set out below, you may cancel a Contract at any time before your Order is delivered and up to 14 days afterwards, beginning on the day after your Order (in its entirety) is delivered to you.
- To cancel a Contract, you must clearly inform us in writing, via the Website or by email to firstname.lastname@example.org giving us your name, address and order reference.
- If your Order has been delivered to you, you must follow our returns procedure (see below).
- We will send you an email to confirm that we have received and are processing your cancellation request.
- If you cancel, we will refund to you the full price paid (including delivery charges, if you cancel before your order is dispatched) for the Product(s) in accordance with our refunds policy (see below).
12. Returns Procedures
- You must fill in our Returns Form and notify us as soon as you wish to return the Product.
- You must return the Product(s) to us within 14 days after the day of notifying us of the cancellation, in the same condition in which you receive them (which does not interfere with your right to take any reasonable steps to examine the Product(s) and make sure they conform to your Order).
- You have a legal obligation to take reasonable care of the Product(s) while in your possession. Items should be returned with the original packaging and tags still attached, and the Products must be in an unused condition (except only in the case of Products which have been discovered to be faulty upon use). You should not return Products if (in our reasonable opinion) they have been damaged as a result of fair wear and tear, deliberate damage, accidental damage (by you or a third party other than our couriers), negligence, abnormal working conditions, failure to follow manufacturer instructions, misuse or alteration or repair of the Products without manufacturer approval. If you fail to comply with this obligation, we may have a right to deduct the cost of any deterioration (due, for example, to your having used the Product(s)), up to the price of the Product(s), from the refund to which you are otherwise entitled.
- To return the Product(s), you should package the parcel securely, making sure you include a Return Form inside the parcel and then return it to us by recorded delivery mail or courier to the following address: Riverside House, Tunbridge Lane, Bramshott, Hampshire, GU30 7SP.
- You are responsible for the risk of returning the Product(s) so we advise you to use a recorded delivery service and take out enough carriage insurance to cover the value of the contents. You should retain the proof of postage until our receipt of the Product(s) is confirmed by email.
- Except in the case of faulty Products, you are responsible for the cost of returning Products.
- If you are returning faulty Products, please ensure there is a copy of the postal cost receipt returned with the faulty Product(s) so that we can reimburse this amount. Please do not return by courier as we will not accept full courier charges unless otherwise agreed by us in writing.
13. Refunds Policy
- If you cancel a Contract between us within the 14-day cooling-off period (see above), we will process any refund due to you as soon as possible and, in any case, within 14 days after the day on which we receive the Product(s) back or, if earlier, the day on which we receive evidence that you have returned the Product(s) to our returns address (see above). We will refund the price paid in full (subject to any deduction we are entitled to make due to your use of or damage to the Product(s)), including the cost of standard delivery, although please note that delivery charges will be refunded only where an entire Order is returned. However, we will not refund your cost of returning the Product(s) to us. If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid.
- If the Products have not been despatched from our warehouse at the time you cancel a Contract we will process any refund due to you as soon as possible and, in any case, within 14 days of the email we send you to confirm that we have received and are processing your cancellation request.
- Refunds are made using the same method originally used by you to pay for your purchase, unless agreed otherwise.
14. Faulty Products
- If any Product you order is damaged or faulty when delivered to you, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights.
15. Product Information and Description
- Any content on the Website which contains any descriptions, specifications, drawings or photographs of the Products is published for guidance only. Whilst we will take reasonable care to ensure that details appearing on the Website are depicted as accurately as possible, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.
16. Product Use
- You should take appropriate care when using Product(s) purchased from our Website and should ensure that you carefully read and comply with any instructions as specified by the manufacturer of the Product.
17. Intellectual Property
- You acknowledge and agree that all intellectual property rights in any content of the Website (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) shall remain at all times owned by us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Website. In the event you print off, copy or store pages from the Website (only as permitted by these terms and conditions), you must ensure that any copyright, trademark or other intellectual property right notices contained in the original content are reproduced.
- We may change the format and content of the Website from time to time. You agree that your use of the Website is on an 'as is' and 'as available' basis and at your sole risk.
- Whilst we try to make sure that all information contained on the Website (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
- Except to the extent that we state otherwise in these terms and conditions, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Website and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Website or relying on any of its content.
- We cannot and do not guarantee that any content of the Website will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
19. Limitation of liability
- Nothing in these terms and conditions shall limit or exclude our liability to you:
for death or personal injury caused by our negligence;
for fraud or fraudulent misrepresentation;
for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded under Part I of the Consumer Protection Act 1987; or
for any other liability that, by law, may not be limited or excluded.
- Subject to Section 24.1, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer arising from any Contract shall not exceed the purchase price of the relevant Product(s) or Service(s) and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.
- Any breach of any of these terms & conditions may lead to suspension of access to the Website.
- The information on this Website does not necessarily reflect the views and opinions of Eleven Sportswear. Neither should any suggestions or advice contained on this Website be relied upon in place of professional advice. You are responsible for checking the accuracy of relevant facts, instructions, suggestions and/or opinions given on this Website before entering into any commitment based upon them.
- In the event that any condition of these terms & conditions is held to be invalid, void or unenforceable, the remainder of these terms & conditions shall remain valid and enforceable.
- If we fail to enforce any of our rights, that does not result in a waiver of that right.
- Any contract entered into pursuant to these terms & conditions is binding on our respective successors and assignees.
- You may not transfer, assign, charge or otherwise dispose of a contract that we enter into, or any of your rights or obligations arising under it, without our prior written consent.
- All notices given by you to us must be given in writing to the address set out at the end of these terms and conditions. We may give notice to you at either the email or postal address you provide to us when placing an order.
- These terms and conditions may not be varied except with our express written consent.
- These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract.
- In the event of a dispute relating to these terms & conditions and/or your use of the Website and/or in relation to any Contract, you shall first contact Eleven Sportswear UK Ltd in order to attempt to reach an informal solution. Failing this, the parties may seek any remedies available to them at law, including without limitation, issuing legal proceedings in accordance with these terms and conditions.
- These terms and conditions shall be governed by English law, and you agree that any dispute between you and us regarding them or any Contract will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
21. Contacting us
Please submit any questions, concerns or comments you have about these terms and conditions, or an order you have placed or ordering in general, by email to email@example.com, by telephone on +44 (0)7591 282611 between the hours of 9am to 5pm GMT, Monday to Friday or write to us at:
Eleven Sportswear UK Ltd.