1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods and/or Services from the Supplier;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy from the Supplier;
1.5 "Services" means the services that the Buyer agrees to buy from the Supplier;
1.6 "Supplier" means Mr A Iqbal trading as Sports Avenue Limited of 58 Hagley Road, Stourbridge, West Midlands, DY8 1QD that owns and operates SportsAvenue.co.uk;
1.7 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier;
1.8 "Website" means SportsAvenue.co.uk
2.1 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods and/or Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
2.5 Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.
2.6 Any complaints should be addressed to the Supplier's address stated in clause 1.6.
3.1 All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 28 days.
3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the relevant pages of the website.
3.4 Any quotation given by the Supplier shall not constitute an offer, and is only valid for a period of 20 Business Days from its date of issue.
4. PRICE & PAYMENT
4.1 The price of the Goods and/or Services shall be that stipulated on the Website. The price is inclusive of VAT. Where applicable, the price includes delivery charges.
4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3 After the order is received the Supplier shall confirm by email the details, description and price for the Goods and/or Services together with information on the right to cancel if the Buyer is a Consumer.
4.4 Payment of the price plus VAT and delivery charges, if applicable, must be made in full before dispatch of Goods or for Services within 7 days of receipt of invoices.
4.5 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of any Service or further deliveries of Goods until payment has been received.
4.6 Where applicable, the Supplier shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 8 percent per annum above the base rate of Bank of England from time to time in force.
5. PERFORMANCE OF SERVICES
5.1 The Supplier shall provide the Services to the Buyer in accordance with the Specification in all material respects.
5.2 The Supplier shall use all reasonable endeavours to meet any performance dates for the Services as set out by the Supplier in writing, but any such dates shall be estimates only and time shall not be of the essence for the performance of the Services.
5.3 The Supplier shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and the Supplier shall notify the Buyer in any such event.
5.4 The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.
5.5 Either party may terminate this agreement (as regards some or all of the Services) at any time for any reason by giving to the other 30 days’ written notice, and any payment due remains payable and, if already paid, will be refunded.
5.6 The Supplier may terminate this agreement (as regards some or all of the Services) or suspend some or all of the Services immediately on written notice if the Buyer breaches any term of this agreement, and any payment due remains payable and, if already paid, will be non-refundable.
6. RIGHTS OF SUPPLIER
6.1 The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
6.2 The Supplier reserves the right to withdraw any Goods and/or Services from the Website at any time.
6.3 The Supplier shall not be liable to anyone for withdrawing any Goods and/or Services from the Website or for refusing to process an order.
7. AGE OF CONSENT
7.1 Where Goods and/or Services may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods and/or Services.
7.2 If the Supplier discovers that the Buyer is not legally entitled to order certain Goods and/or Services, the Supplier shall be entitled to cancel the order immediately, without notice.
8.1 Goods supplied within the UK will normally be delivered within 30 working days of acceptance of order but the intention is to send them by post immediately the order is received
8.2 Goods supplied outside the UK will normally be delivered within 30 working days of acceptance of order but the intention is to send them by airmail post immediately order is received.
8.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
8.4 The Supplier (or any agent appointed by the Supplier) shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Supplier shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
8.5 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
8.6 If the Buyer fails to accept or take delivery of the Goods on the proposed delivery date as communicated by the Supplier (or any agent appointed by the Supplier), then except where such failure or delay is caused by a Force Majeure Event or by the Supplier’s failure to comply with its obligations under the Contract in respect of the Goods:
8.6.1 Delivery of the Goods shall be deemed to have been completed at 9.00 am on the first Business Day following the day on which the Supplier (or any agent appointed by the Supplier) notified the Buyer that the Goods were ready; and
8.6.2 The Supplier (or any agent appointed by the Supplier) shall store the Goods until delivery takes place, and charge the buyer for all related costs and expenses (including insurance).
8.7 If seven Business Days after the Supplier (or any agent appointed by the Supplier) notified the Buyer that the Goods were ready for delivery the Buyer has not accepted or taken delivery of them, the Supplier may resell or otherwise dispose of part or all of the Goods.
8.8 Delivery of the Goods shall be completed on the Goods’ arrival at the Delivery Location.
8.9 Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.
8.10 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
9. QUALITY OF GOODS
9.1 The Supplier warrants that on delivery, the Goods shall:
9.1.1 Conform in all material respects with their description and any applicable Specification;
9.1.2 Be free from material defects in design, material and workmanship;
9.1.3 Be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
9.1.4 Be fit for any purpose held out by the Supplier.
10. CANCELLATION & RETURNS
10.1 The Buyer may cancel any order for Goods for any reason up to the point of dispatch and any payments made by the Buyer shall be refunded in full within 28 days. The Buyer may cancel any Contract for Services at any time before seven working days has passed from the day after the Contract was made and any payments made by the Buyer shall be refunded in full within 28 days. If, however, the Supplier starts to perform its side of the Contract with the agreement of the Buyer before the Buyer exercises this right to cancel, the right to cancel is lost.
10.2 Subject to clause 9:
10.2.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Supplier by email (email@example.com) within 2 working days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
10.2.2 Where a claim of defect or damage is made, the Goods shall be returned by the Buyer to the Supplier within 7 days of delivery.
10.2.3 The Supplier is given a reasonable opportunity of examining such Goods;
10.2.4 The Buyer shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
10.3 The Supplier shall not be liable for the Goods’ failure to comply with the warranty in clause 9 if:
10.3.1 The Buyer makes any further use of such Goods after giving a notice in accordance with clause 10.2.1;
10.3.2 The defect arises because the Buyer failed to follow the Supplier’s (or manufacturers) oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;
10.3.3 The defect arises as a result of the Supplier following any drawing, design or specification supplied by the buyer;
10.3.4 The buyer alters or repairs such Goods without the written consent of the Supplier;
10.3.5 The defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
10.4 Except as provided in this clause 9, the Supplier shall have no liability to the Buyer in respect of the Goods’ failure to comply with the warranty set out in clause 9.1
10.5 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by the Supplier under clause 10.2.
10.6 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract for Goods and receive a refund by informing the Supplier by email within 7 working days of receipt of the Goods. The right to cancel does not apply to contracts for the supply of software, audio or visual recordings if these have been unsealed by the Consumer.
10.7 Goods must be returned by the Buyer at the Buyer’s expense within 28 days of cancellation in the original packaging and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges. If the Buyer fails to return the Goods following cancellation, the Supplier shall be entitled to deduct the cost of recovering the Goods from the Buyer.
11. LIMITATION OF LIABILITY
11.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and/or Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
11.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.
12. WAIVER No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
13. FORCE MAJEURE The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.
14. SEVERANCE If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
15. CHANGES TO TERMS The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
16. GOVERNING LAW / JURISDICTION These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.