Terms and Conditions

Terms and Conditions 

These pages contain the terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you. These Terms together with our PRIVACY POLICY and our TERMS OF SERVICE and our DELIVERY AND RETURNS POLICY will apply to any contract between us for the sale of Products to you (Contract). These Terms together with (i) our PRIVACY POLICY (ii) our TERMS OF SERVICE (iii) our DELIVERY AND RETURNS POLICY (iv) your order and (v) our acceptance of order (see clause 7.3) are referred to in these Terms as the Contract Documentation. Please read the Contract Documentation carefully and make sure that you understand them in their entirety, before ordering any Products from our site.  We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms together with the rest of the Contract Documentation to ensure you understand the terms which will apply at that time.  These Terms were most recently updated on 26th August 2020. These Terms, and any Contract between us, are only in the English language.

 

1.0 Information about us 

1.1 We operate the site www.admiralsportinggoods.com. We are Admiral Sporting Goods Co. Limited a company registered in England and Wales under company number 04142614 and with our registered office The Copper Room Deva City Office Park, Trinity Way, Manchester, England, M3 7BG. Our VAT number is 341 8593 85.
1.2 Contacting us if you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the CONTACT US FORM (link) on our website. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at customerservice@admiralsportinggoods.com. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us].
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by e-mailing us at customerservice@admiralsportinggoods.com.
(c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

 

2.0 Our Products

2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the 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.

2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site are approximate.

2.3 The packaging of the Products may vary from that shown on images on our site.

2.4 Some of the items which we offer for sale are fashion items and may not be suitable for sports or other activities. You should therefore be satisfied that the items are suitable for the type of activity that you wish to use them for prior to ordering.

3.0 Use of our site

Your use of our site is governed by the entire Contract Documentation and in particular,  without affecting the generality of the foregoing, our TERMS OF SERVICE. Please take the time to read these, as they include important terms which apply to you.

4.0 Conflict of provisions

4.1 If there is any conflict between these Terms and our TERMS OF SERVICE then the provisions of these Terms shall prevail.

4.2 If there is any conflict between these Terms and our PRIVACY POLICY then the provisions of our PRIVACY POLICY shall prevail.

4.3 If there is any conflict between these TERMS and the provisions of our DELIVERY AND RETURNS POLICY then the provisions of our DELIVERY AND RETURNS POLICY shall prevail.

4.4 If there is any conflict between the terms of your order and any of the other document(s) comprising the Contract Documentation then the terms of the other document(s) comprising the Contract Documentation shall prevail.

5.0 How we use your personal information

We only use your personal information in accordance with our PRIVACY POLICY. Please take the time to read our PRIVACY POLICY, as it includes important terms which apply to you.

 

6.0 If you are a business customer

This clause 6 only applies if you are a business.

6.1 If you are not a consumer, you confirm that you have authority to bind any business or other organisation on whose behalf you use our site to purchase Products.

6.2 The Contract Documentation constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

6.3 You acknowledge that in entering into the Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract Documentation.

6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.

 

7.0 How the contract is formed between you and us

7.1 Our site will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

7.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.

7.3 If we are able and willing to supply to you the Products referred to in your order we will send to you our acceptance of order which then constitutes a contract between us upon the terms of the Contract Documentation.

7.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 12.1, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.

8.0 Our right to vary these Terms

8.1 We amend these Terms from time to time.

8.2 Every time you order Products from us, the Contract Documentation in force at the time of your order will apply to the Contract between you and us.

8.3 We may revise these Terms as they apply to your order from time to time to reflect the changes in our business and any relevant laws and regulatory requirements.

8.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

9.0 Rights of Cancellation

This clause 9 only applies if you are a consumer.

9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.3.

9.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.

9.3 Your legal right to cancel a Contract starts from the date of the Acceptance email, which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:

 

Your Contract

End of the cancellation period

Your Contract is for a single Product (which is not delivered in instalments on separate days). The end date is the end of 14 days after the day on which you receive the Product.Example: if we provide you with a Acceptance email on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Your Contract is for either of the following:one Product which is delivered in instalments on separate days.multiple Products which are delivered on separate days. The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.Example:  if we provide you with a Acceptance email on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
Your Contract is for the regular delivery of a Product over a set period. The end date is 14 days after the day on which you receive the first delivery of the Products.Example: if we provide you with a Acceptance email on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.

 

9.4 You cannot cancel your contract if, and to the extent that the purported cancellation is after the End of the Cancellation Period as set out in Clause 9.3.

9.5 If you cancel the Contract in accordance with the provisions of Clause 9 we will:-

(a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. See our RETURNS page for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

(c)  make any refunds due to you as soon as possible and in any event within the deadlines as follows:

(i) if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.  For information about how to return a Product to us, see our DELIVERY AND RETURNS POLICY;

(ii) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.

9.6 If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

9.7 We will refund you on the credit card or debit card used by you to pay.

9.8 If a Product has been delivered to you before you decide to cancel your Contract:

(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back or hand it to our authorised carrier. Please see our RETURNS page for our returns address.

(b) unless the Product is faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery.

9.9 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

9.10 We reserve the right to cancel the contract between us if:-

(a) we have insufficient stock to deliver the goods you have ordered;

(b) we do not deliver to your area; or

(c) one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

9.11 If we do cancel your contract we will notify you by e-mail and will re-credit to your account or credit card any sum deducted by us as soon as possible but in any event within 30 days of your order. You will not be entitled to any additional compensation.

9.12  In the event of part of your order being unavailable at the time of order we will contact you by either e-mail or phone to find out if you would like us to deliver the available items immediately or wait until the order can be completed. In any event where an item is not available we will cancel this part of the contract if we deem appropriate.

10. Delivery

10.1 We will contact you with an estimated delivery date after the date of the Acceptance email (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 15 for our responsibilities when this happens.

10.2 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.

10.3 You own the Products once we have received payment in full, including all applicable delivery charges. 

11.0 International delivery

11.1 We deliver to the countries listed on this page Delivery and Returns . However there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.

11.2 If you order Products from our site 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.

11.3 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.

11.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

12.0 Price of products and delivery charges

12.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 12.5 for what happens if we discover an error in the price of Product(s) you ordered.

12.2 Prices for our Products may change from time to time, but changes will not affect any order that has already been accepted by us.

12.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

12.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our DELIVERY page.

12.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product 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. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

13.0 How to pay

13.1 You can only pay for Products using Shopify Payments, debit card or credit card. We accept the following cards: Amex, Apple Pay, Google Pay, Master Card, Maestro and Visa

13.2 Payment must be made in Sterling.

 

14.0 Our liability

14.1 Nothing in these Terms limits or excludes our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

(d) defective products under the Consumer Protection Act 1987.

14.2 Subject to clause 14.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(a) any loss of profits, sales, business, or revenue;

(b) loss or corruption of data, information or software;

(c) loss of business opportunity;

(d) loss of anticipated savings;

(e) loss of goodwill; or

(f) any indirect or consequential loss.

14.3 Subject to clause 14.1, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.

14.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. 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 Products are suitable for your purposes.

 

15.0 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 a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.

15.2 An Event Outside Our Control means any act or event beyond our reasonable control[, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a 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 Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

15.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

 

16.0 Communications between us

16.1 When we refer, in these Terms, to “in writing”, this will include e-mail.

16.2 If you are a consumer you may contact us as described in clause 1.2.

16.3 If you are a business or organisation:

(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.

(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.

(c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

(d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

17.0 General terms

17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

17.2 This Contract is between you and us. No other person shall have any rights to enforce any of its terms against us, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

17.3 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

17.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

17.5 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

17.6 If you are a business or organisation, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

17.7 If you are a business or organisation, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).