TERMS OF SERVICE
TERMS AND CONDITIONS
THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT
(hereafter "Terms") governs your use of our website (hereafter "web
site"). It is vitally important that you read the Terms carefully, as
your use of the website will automatically constitute your agreement to
be legally bound by the terms and conditions set out herein. These Terms
also govern your use or purchase of the products/services provided
through or in connection with the web site (hereafter "services"). Each
time you use our services, you acknowledge that you have read these
Terms and agree to be legally bound by them. If you do not agree to be
bound by these Terms, you may not use the website(s) or the services
provided by Business through its website(s).
This website is owned by Provan Sports, a trading name of Pitch Teamwear (hereafter
“Business”), a company registered in Scotland (company number
SC306073), whose registered office is 43 Carlyle Avenue, Hillington,
Glasgow, G52 4XX.
Our VAT registration number is GB 293 2552 48.
The following words used in these Terms shall have the following meanings:
“Personal
Information” shall mean all data and/or information provided by and
about User, including e-mail address (es), name, address, credit card,
or other payment information, etc.;
"Business website" shall mean all websites on which Business provides products and/or services.
"Business User" shall mean all Users of the Business website(s) and services.
"Business Products and Services" shall mean all products and/or services provided directly by Business;
“3rd–Parties”
include all advertisers, partners and affiliate vendors that are
included on, or linked to, the Business web site(s).
PRE-ORDER TERMS & CONDITIONS
When pre-ordering a product, you are able to include other products from the Club’s shop as part of your order. All items on your order will be shipped together according to your selected delivery option once the pre-ordered product is available.
A separate order is required if products are wanted before the pre-order product is available.
ORDERING GOODS FROM US
Individuals: These terms of sale apply to all goods and
services supplied by Birkmyre Direct
via
sales@birkmyrercdirect.co.uk. The website is governed by the
following terms and conditions; they do not affect your statutory
rights.
Business to Business Site Visitors: You are registered
with us as a business customer and these are the Terms and Conditions of
sale that apply to transactions between you and us. By purchasing any
products (the "Product(s)") or services (the “Services”) and by using
this Website you acknowledge that you have read and you agree to be
bound by and comply with these Terms and Conditions.
DESCRIPTION AND PRICE OF GOODS
We have taken care to describe and show items as accurately
as possible. Despite this, slight variations in items may occur. We
provide you with product information on
sales@birkmyrercdirect.co.uk. If
there is anything which you do not understand, or if you wish to obtain
further information, please contact our customer services team on
sales@birkmyrercdirect.co.uk.
Product images are for illustrative
purposes only. Although we have made every effort to display colours
accurately, we cannot guarantee that your computer’s display of the
colours accurately reflect the colour of the products. Your products may
vary slightly from those images.
We make every effort to ensure
that the pricing displayed on our website is correct. However, if an
error in the pricing of a product is found we reserve the right to
either cancel your order or contact you to arrange payment of any extra
sum due or refund any over-payment made by you (as applicable). We
reserve the right to alter all product pricing without notice.
All
prices include VAT (where applicable) at the current rates. We reserve
the right to express the price exclusive of VAT, but we shall show VAT
separately and include it in the total price.
Where we charge
separately for packing, carriage and insurance and other relevant
charges, the appropriate rates are set out in our specified pricing
structure shown elsewhere on this website.
PLACING AN ORDER
You are deemed to place an order with us by ordering via
our online checkout process. As part of our checkout process, you will
be given the opportunity to check your order and to correct any errors.
We will send you an order acknowledgment, detailing the products you
have ordered.
The contract is subject to your right of cancellation (see below).
Any
order placed by you for goods advertised on our website is an offer by
you to purchase the goods selected in your order. No contract exists
between you and us for the sale of any goods until we have received your
order and accepted it (which we may do at our discretion). Our
acceptance of an order takes place when we despatch the order or send
you confirmation by email even if your payment has been processed
immediately.
We may refuse at our discretion to accept an order:
(a) where we cannot obtain authorisation for your payment;
(b) if there has been a pricing or product description error; or
(c) if you do not meet any eligibility criteria set out in our terms and conditions.
(d) where goods ordered by you are not available;
(e) if we do not deliver to your area;
Where
we do not accept your order but have processed your payment, we will
re-credit your account with any amount deducted by us from your debit or
credit card as soon as possible, but in any event within 30 days of
your order. We will not be obliged to pay any additional amount as
compensation for disappointment.
You must observe and comply with
all applicable regulations and legislation, including obtaining all
necessary customs, import or other permits to purchase goods from our
site. The importation or exportation of certain goods to you may be
prohibited by certain national laws. We make no representation and
accept no liability in respect of the export or import of the goods you
purchase.
PAYMENT
Payment can be made by any of the options advertised on our
website. Payment shall be due before delivery. If payment fails your
order will be cancelled. There will be no delivery until clear funds
have been received.
Payment online: Our secure server software
encrypts all your payment card details. The process scrambles all the
information, allowing no unauthorised third party to intercept the data.
Your browser will confirm that you are shopping in a secure environment
by showing either a locked padlock icon or an image of a padlock next
to the payment details in the relevant area of the website.
To
ensure that your credit, debit or charge card is not being used without
your consent, we will validate name, address and other personal
information supplied by you during the order process against appropriate
third party databases.
By accepting these terms and conditions
you consent to such checks being made. In performing these checks
personal information provided by you may be disclosed to a registered
Credit Reference Agency which may keep a record of that information. You
can rest assured that this is done only to confirm your identity, that a
credit check is not performed and that your credit rating will be
unaffected. All information provided by you will be treated securely and
strictly in accordance with the Data Protection Act 1998. During
security checks we may ask for additional information or documentation
to help support the data you supplied.
Please be aware that if you are using Paypal as your payment method we reserve the right to not ship to unconfirmed addresses.
LINKS TO AND FROM OTHER WEBSITES
Links to third party websites on this website are provided solely for your convenience. If you use these links, you leave this website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We, therefore, do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.
SWEEPSTAKES, CONTESTS, AND PROMOTIONS
Any sweepstakes, contest or similar promotion made available through Business websites or for which Business may, from time to time, send e-mail messages to you, will be governed by official rules that are separate from and may vary from these Terms. By participating in any such sweepstakes, contest or similar promotion, User will become subject to its specific official rules. Note, however, that User remains subject to these Terms to the extent they do not conflict with the applicable official rules.
NEWSLETTERS
Birkmyre RC regularly sends out a newsletter and/or other informational emails (collectively referred to as "Newsletters") to all Users. In these Newsletters, we may inform you about new services, features or products. User may choose to unsubscribe from the Newsletter at any time using the unsubscribe option at the bottom of our emails, or by writing to us at sales@birkmyrercdirect.co.uk
or following the unsubscribe link contained in each of the emails.
LICENCE AND COPYRIGHT
The Business website contains copyrighted material,
trademarks, and other proprietary information, including, but not
limited to, text, software, photos, video, graphics, music and sound and
the entire content of the website is copyrighted as a collective work
under the UK and International copyright laws. The Business owns a
copyright in the selection, coordination, arrangement, and enhancement
of such content, as well as in the content original to it. You may not
modify, publish, transmit, participate in the transfer or sale, create
derivative works or in any way exploit, any of the content, in whole or
in part. Except as otherwise expressly permitted under copyright law or
these Terms, no copying, redistribution, retransmission, publication or
commercial or non-commercial exploitation of downloaded material will be
permitted without the express written permission of Business and the
copyright owner. Elements of the website are protected by trade dress,
trademark, unfair competition and other laws and may not be copied or
imitated in whole or in part, by any means, including but not limited
to, the use of framing or mirrors.
You are permitted to print and download extracts from this website for your own private use on the following basis:
(a) no documents or related graphics on this website are modified in any way;
(b) no graphics on this website are used separately from accompanying text; and
(c) any of our copyright and trademark notices and this permission notice appear in all copies.
COPYRIGHT INFRINGEMENT
In accordance with the UK and International law, any notifications of claimed copyright infringement should be sent to us immediately. Such notification can be sent by email, to sales@birkmyrercdirect.co.uk or by letter to: Pitch Teamwear, 43 Carlyle Avenue, Hillington, Glasgow, G52 4XX
REGISTRATION
To register with
sales@birkmyrercdirect.co.uk
you must be at least 18 years of age.
Each
registration is for a single user only, whether or not acting on behalf
of a company or other organisation. We do not permit you to share your
username and password with any other person nor with multiple users on a
network.
The user must complete the registration process by
providing Business with current, complete and accurate information as
prompted by the applicable registration form. The user also will choose a
password and a Username.
Responsibility for the security of any
passwords issued rests with you and if you know or suspect that someone
else knows your password, you should contact us immediately.
The
user is entirely responsible for maintaining the confidentiality of any
password and account information. Furthermore, User is entirely
responsible for any and all activities that occur under its account.
User agrees to notify Business immediately of any unauthorized use of
their account or any other breach of security. Business will not be
liable for any loss that may incur as a result of someone else using
User’s password or account, either with or without their knowledge.
However, User could be held liable for losses incurred by Business or
another party due to someone else using their account or password
We
may suspend or cancel your registration immediately at our reasonable
discretion or if you breach any of your obligations under these terms
and conditions.
We may deny access to any User, at any time, and
for any reason. In addition, Business may, at any time, transfer rights
and obligations under these Terms to any current or future Business
subsidiary or business unit, or any companies or divisions or any entity
that acquires Business or any of its assets.
DISCLAIMER
While the Business uses reasonable efforts to include
accurate and up-to-date information, the Business specifically disclaims
any and all responsibility or liability for the accuracy, content,
completeness, legality, reliability, or operability or availability of
information or material displayed in any and all Business websites,
either now operating or created in the future. The Business disclaims
any responsibility or liability for the deletion, failure to store,
mis-delivery, or untimely delivery of any information or material. The
Business disclaims any responsibility or liability for any harm
resulting from downloading or accessing any information or material on
the Internet through the Business web site.
The Business does not
make any warranties or representations regarding any data, service
and/or information provided or made available by any user on any of the
Business websites or on any external websites linked to them. In
particular, the Business does not warrant or represent that said data,
service and/or information is true or accurate, or that it fulfils or
serves any particular purpose.
Without limiting the foregoing,
under no circumstances shall the Business be held liable for any delay
or failure in performance resulting directly or indirectly from acts of
nature, forces, or causes beyond its reasonable control, including,
without limitation, Internet failures, computer equipment failures,
telecommunication equipment failures, other equipment failures,
electrical power failures, strikes, labour disputes, riots,
insurrections, civil disturbances, shortages of labour or materials,
fires, floods, storms, explosions, acts of God, war, governmental
actions, orders of domestic or foreign courts or tribunals,
non-performance of 3rd-parties, or loss of or fluctuations in heat,
light, or air conditioning.
COMPANY WEBSITES AND ALL MATERIALS,
INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE COMPANY WEB SITES,
ARE PROVIDED "AS IS," WITH NO WARRANTIES EXPRESSED OR IMPLIED. THE
COMPANY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL
EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE COMPANY
DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY,
TIMELINESS, AND PERFORMANCE OF THE COMPANY WEBSITES. COMPANY DISCLAIMS,
ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE
COMPANY WEBSITES. THE COMPANY DISCLAIMS ANY WARRANTIES FOR SERVICES OR
PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THE COMPANY WEBSITES OR
RECEIVED THROUGH ANY LINKS PROVIDED BY THE COMPANY WEB SITES AS WELL AS
FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS OR ANY USER
CONTRIBUTIONS PROVIDED TO THE COMPANY WEBSITES.
THE USER
UNDERSTANDS AND AGREES THAT THEY DOWNLOAD OR OTHERWISE OBTAIN MATERIAL
OR DATA THROUGH THE USE OF THE COMPANY WEB SITES AT THEIR OWN DISCRETION
AND RISK AND THAT THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO
THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
SUCH MATERIAL OR DATA.
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY
IN ALL CASES. THE USER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM
JURISDICTION TO JURISDICTION.
THE COMPANY AND ITS WEB SITES ARE
NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY USERS, 3rd-PARTIES,
ACTIONS OF ANY 3rd-PARTY OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT,
A USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY.
LIABILITY
The Business may modify, suspend, discontinue or restrict
the use of any portion of the Business web site, including the
availability of any portion of the content at any time, without notice
or liability.
User acknowledge and agree that it is virtually
impossible to achieve continuous, uninterrupted availability of the
Business or any other, web site. While we endeavour to ensure that this
website is normally available 24 hours a day, we will not be liable if
for any reason this website is unavailable at any time or for any
period. Access to this website may be suspended temporarily and without
notice in the case of system failure, maintenance or repair or for
reasons beyond our control.
Our liability (and that of our
officers, directors, employees, shareholders or agents) of any kind
(including our own negligence) with respect to our website or service
for any one event or series of related events is limited to the total
fees which you have paid to us in the 12 months before the event(s)
complained of.
In no event (including our own negligence) will we be liable for any:
(a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
(b) loss of goodwill or reputation;
(c) special, indirect or consequential losses; or
(d) damage to or loss of data
(even if we have been advised of the possibility of such losses).
Nothing
in these terms and conditions shall exclude or limit our liability for
(i) death or personal injury caused by negligence (as such term is
defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii)
misrepresentation as to a fundamental matter; or (iv) any liability
which cannot be excluded or limited under applicable law.
INDEMNITY
You agree to indemnify, defend and hold harmless the
Business, its website(s) and each of its respective advertisers,
partners, suppliers, licensors, officers, directors, shareholders,
employees, representatives, contractors, agents and sub-licensees, from
any and all claims (including but not limited to claims for defamation,
trade disparagement, privacy and intellectual property infringement) and
damages (including attorneys' fees and court costs) arising from or
relating to any allegation regarding:
1. Your use of the Business website(s);
2. The Business's use of any your content or information, as long as such use is not inconsistent with these Terms;
3. Information or material provided through your IP address, even if not posted by you or
4. Any violation of these Terms by you.
DISPUTE RESOLUTION. CONSUMER REVIEWS AND USE OF SOCIAL MEDIA
We endeavour at all times to provide high standards in
retail and business and recognise and support the importance of the use
of social media and the Internet to alert the public when such standards
are not met. However, we believe that complaints should not be
published in a manner that is unfair or unreasonable as to content and
manner of publication and, for this reason, the following terms are
agreed by yourself and ourselves to regulate how to proceed when you
feel that reasonable standards have not been met.
If you post any comment on our service or products on any website other than the Business's website, you agree that:-
I) you will not include any statement that is untruthful or malicious.
II)
you will do all that is possible to enable the Business to post to the
same website a comment in response and, if such is not possible, you
will include such response in full in a comment posted by yourself on
the same website
III) you will agree to participate in a form of
alternative dispute resolution accredited by the Trading Standards
Institute of the United Kingdom under the Consumer Contracts
(Information, Cancellation and Additional Charges) Regulations 2013 and
recommended, as appropriate for the nature of the dispute, on request by
the Business of the service operated at sales@birkmyrercdirect.co.uk
GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed by and
construed in accordance with Scottish law. Disputes arising in
connection with these terms and conditions shall be subject to the
exclusive jurisdiction of the Scottish courts where the claim is brought
by you. We nevertheless retain the right to bring proceedings against
you for any threatened or actual breach of these terms and conditions in
your country of residence, registration or business or any other
relevant country.
We do not warrant that materials, services or
information for sale on the website are appropriate or available for use
outside the United Kingdom. It is prohibited to access the website from
territories where its contents are illegal or unlawful. If you access
this website from locations outside the United Kingdom, you do so at
your own risk and you are responsible for compliance with local laws.
MISCELLANEOUS
If any provision of these Terms is, for any reason, invalid
and/or unenforceable, as determined in an appropriate Court of proper
jurisdiction, the remaining provisions shall continue to be valid and
enforceable to the fullest extent permitted by law. You agree to replace
an invalid and/or unenforceable provision with a valid and/or
enforceable provision that most closely approximates the intent and
economic effect of the invalid and/or unenforceable provision and shall
be interpreted most favourably, when possible, to the benefit of the
Business.
Section Titles: The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
Incident Reporting: Any
complaints regarding violations of these Terms by a User should be
directed to customer services at
sales@birkmyrercdirect.co.uk. Where
possible, include details that would assist the Business in
investigating and resolving the complaint (i.e. expanded headers and a
copy of the offending transmission).
Complaints Procedure: We
are very proud of our high standards of customer service however, in
the event that we fail in meeting these standards, please do not
hesitate to contact us at
sales@birkmyrercdirect.co.uk
ONLINE ACCEPTANCE
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
If
any provision of these terms and conditions is found by any court of
competent jurisdiction to be invalid, the invalidity of that provision
will not affect the validity of the remaining provisions which shall
continue to have full force and effect.
No person other than the
parties to these terms and conditions are intended to benefit from them
pursuant to the Contracts (Rights of Third Parties) Act 1999.
These
Terms represent the entire understanding between the user and the
Business and supersedes any prior statements or representations. THE
USER AGREES TO THE TERMS OF THIS ONLINE AGREEMENT, by using the web
site, it’s services, sign up, posting, downloading and uploading
content, and understands that it is entering into a binding and legal
agreement with Business.
You agree to file any claim regarding
any aspect of this web site or these Terms within six (6) months of the
time in which the events giving rise to such alleged claim began, or you
agree to waive such claim. You also agree that no claim subject to
these Terms may be brought as a class action or in any other
jurisdiction than Scottish courts.
These Terms and Conditions were last updated, and became effective, on 14.06.22.
Contact Information: Our contact details are as follows:
Pitch Teamwear, 43 Carlyle Avenue, Hillington, Glasgow, G52 4XX
E-mail: sales@birkmyrercdirect.co.uk