Terms & Conditions

STANDARD TERMS AND CONDITIONS FOR SALE OF GOODS BY SIXTY THIRTY SPORTS LTD. 1 DEFINITIONS In this document the following words shall have the following meanings: 1.1 "Buyer" means the person who buys Goods from the Seller; 1.2 "Goods" means the articles that the Buyer agrees to buy from the Seller; 1.3 "List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time; 1.4 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller. : 1.5 "Seller" means Sixty Thirty Sports Ltd 2 GENERAL 2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer. 2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason. 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 shall be inapplicable unless agreed in writing by the Seller. 2.5 Nothing in these Terms and Conditions shall affect the Buyer´s statutory rights as a Consumer. 3 PRICE AND PAYMENT 3.1 The price of the Goods shall be that stipulated in the Seller´s current List Price/on the Seller´s website/as contained in the Seller´s Quotation (as applicable) at the date of order or as agreed between the parties. 3.2 Payment of the total purchase price (including any Carriage charges as set out out below) must be made in full before dispatch of the Goods unless an Application To Open a Trading Account has been made to and accepted by the Seller. 3.3 A Carriage Charge may be levied in addition to the List Price of the Goods for Orders under the sum of £350 despatched to addresses within Mainland UK. All Orders despatched outside the Mainland UK may be subject to a Carriage Charge which will be confirmed when the Order is placed. Where Goods are despatched to a Third Party Address the Carriage Charge, which may include a charge for administration by the Seller, will be confirmed when the Order is placed. 3.4 Failure to pay within the terms of the Trading Account may result in the application of interest for late payment at a rate of 2 ½% per month and / or suspension of the Trading Account and future Orders only being accepted following prepayment on issue of a proforma invoice. 3.5 Failure to pay within the terms of the Trading Account may result in Debt Recovery proceedings, the costs of which will be added to the List price for the Goods, the Carriage Charge and any Interest for late payment and will become liable for payment in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (the Act), as amended and extended by the Late Payment of Commercial Debts Regulations 2002. 4 RETENTION OF TITLE 4.1 Title to the Goods shall remain vested in the Seller and shall not pass to the Buyer until the purchase price for the Goods has been paid in full and received by the Seller until title to the Goods passes: 4.2 The Seller shall have authority to retake, sell or otherwise deal with and/or dispose of all or any part of the Goods 4.3 The Seller and its agents and employees shall be entitled at any time and without the need to give notice enter upon any property upon which the Goods or any part are stored, or upon which the Seller reasonably believes them to be kept; 4.4 The Buyer shall store or mark the Goods in a manner reasonably satisfactory to the Seller indicating that title to the Goods remains vested in the Seller and 4.5 The Buyer shall insure the Goods to their full replacement value, and arrange for the Seller to be noted on the policy of insurance as the loss payee. 5 DELIVERY 5.1 Delivery of the Goods shall be made by the Seller notifying the Buyer that the Goods are available for delivery to the Delivery Address as set out in the Trading Account application and on such terms as agreed between the Seller and the Buyer at the time the order is placed. Delivery to a third party address may be subject to an Administration Charge which will be confirmed at the time the order is placed. 5.2 All Goods, wherever possible, will be shipped within twenty four hours of the order being placed and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. 5.3 The Seller shall use its reasonable endeavours to meet any date stated for delivery. In any event time of delivery shall not be of the essence and the Seller 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. 5.4 Some Goods may not be in stock at the time the order is placed. In that event the Seller will notify the Buyer of a Delivery Date, if the Delivery Date is not acceptable or passes, the Buyer will receive a full refund or a credit note for the Goods. 5.5 Risk in the Goods shall pass to the Buyer upon Delivery. 6 WARRANTY The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller. 7 RETURNS 7.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 7 days of delivery if the Goods are damaged or do not comply with any of the Contract. 7.2 Where a claim of defect or damage is made then the Goods shall be returned by the Buyer to the Seller and upon acceptance of the defect or damage by the Seller, the Buyer shall be entitled to a replacement or full refund excluding delivery and return costs paid by BACS where payment has been made in advance or by the issue of a credit note. 7.3 Goods to be returned must clearly show the order number obtained from the Seller on the package. 7.4 Where returned Goods are found to be damaged due to the Buyer´s fault, the Buyer will be liable for the cost of remedying such damage. 8 GUARANTEES AND WARRANTIES In addition to the Buyer´s statutory rights, the Buyer shall benefit from all manufacturers warranties and guarantees in place from time to time. 9 LIMITATION OF LIABILITY 9.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods. 9.2 The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise. 9.3 It is not intended that any contract between the Seller and the Buyer for the supply of Goods should be enforceable by any third party. 9.4 Any waiver by the Seller of any of these terms and conditions shall be limited to the particular instance and shall not operate or be deemed to operate as a future waiver of that or any other term. 10 FORCE MAJEURE Neither party shall 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, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations. 11 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. 12 GOVERNING LAW AND 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.