terms and conditions for the supply of goods
Please read the following important terms and conditions before you buy anything from us and check that they contain everything which you want and nothing that you are not willing to agree to.
This contract sets out your legal rights and responsibilities, our legal rights and responsibilities, and certain key information required by law.
In this contract:
• ‘business’ means you, if you are contracting with us in the course of operating a business.
• ‘consumer’ means you, if you are contracting with us other than in the course of operating a business.
• ‘we’, ‘us’ or ‘our’ means the Padball Boxing Company Limited, and
• ‘you’ or ‘your’ means the person buying goods from us.
If you do want to talk to us about this contract, please speak with our representative or contact us by:
• e-mail Monday to Friday (9am to 5pm), and
• telephone, Monday to Saturday: (9am to 5pm).
Who are we?
We are the Padball Boxing Company Limited. We are registered in England and Wales under company number: 10713109.
Our registered office is at: 14 Redbrooke Road, Camborne, Cornwall, England, TR14 7AX.
Our VAT number is: 268192377.
1.1 If you buy goods from us you agree to be legally bound by this contract. if you do not agree with any of the terms in this contract, you will not be allowed to buy any goods.
All these documents form part of this contract as though set out in full here.
2 Information we give you
Information we will give you
If you are a consumer, We will give you information on:
the main characteristics of the goods you want to buy
who we are, where we are based and how you can contact us
the total price of the goods including any taxes (or where this cannot reasonably be worked out in advance, the manner in which we will work out the price)
in the case of a contract where its end has not been agreed or a contract containing a subscription, the total costs per billing period or (where such contracts are charged at a fixed rate) the total monthly costs
all additional delivery charges (or where this cannot reasonably be worked out in advance, the fact that such additional charges may be payable)
the arrangements for payment, delivery, performance, and the time by which we will deliver the goods
how to exercise your right to cancel the contract and the costs of doing so
our complaint handling policy
the fact that we are under a legal duty to supply goods that are in conformity with the contract
how long the contract is for and how to end it
2.2 The key information we give you by law forms part of this contract (as though it is set out in full here).
2.3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
3 Ordering goods from us
3.1 Below, we set out how a legally binding contract between you and us is made:
3.1.1 Any quotation given by us before you make an order for goods is not a binding offer by us to supply such goods.
3.1.2 When you decide to place an order for goods with us, (Which might be in person, by telephone, by post, by email, or by clicking the “pay now” button on our website,) this is when you offer to buy such goods from us.
3.1.3 When you place your order, we will acknowledge it in person, by telephone, or by email. This acknowledgement does not, however, mean that your order has been accepted.
3.1.4 We may contact you to say that we do not accept your order. If we do this, we will try to tell you promptly why we do not accept your order. This is typically for the following reasons:
(a) the goods are unavailable;
(b) we cannot authorise your payment;
(c) you are not allowed to buy the goods from us;
(d) we are not allowed to sell the goods to you;
(e) you have ordered too many goods;
(f) there has been a mistake on the pricing or description of the goods.
3.1.5 We will only accept your order when our representative confirms this to you in person, by phone, or by email (Confirmation E-mail). At this point:
(a) a legally binding contract will be in place between you and us, and
(b) we will dispatch the goods to you or hand the goods over to you
3.2 If you are under the age of 18 you may not buy any goods from us.
4 Right to cancel this contract
4.1 If you are a consumer and you are not buying the goods by attendance at our premises,
4.1.1 You have the right to cancel this contract within 14 days without giving any reason.
4.1.2 The cancellation period will expire after 14 days from the day that We accept Your offer.
4.1.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email). You can use the model cancellation form set out in the box below, but it is not obligatory.
Array4.1.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
4.2 Without limiting any of our other rights, we may suspend the supply or delivery of the goods to you, or end the contract with immediate effect by giving written notice to you if:
(a) you fail to comply with any material term of the contract and (if such a breach is remediable) fail to remedy that non-compliance within 30 days of you being notified in writing to do so;
(b) you fail to pay any amount due under the contract on the due date for payment;
(c) you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
(d) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
(e) your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the contract has been placed in jeopardy.
4.2.2 The ending of the contract shall not affect your or our rights and remedies that have accrued as at its end date.
4.2.3 Any provision of the contract that expressly or by implication is intended to come into or continue in force on or after the end of this contract shall remain in full force and effect.
5 Effects of cancellation
5.1 If you are a consumer
5.1.1 If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
5.1.2 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
5.1.3 We will make the reimbursement without undue delay, and not later than:
(a) 14 days after the day we received back from you any goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
5.1.4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
5.1.5 If you have received goods:
(a) you shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
(b) you will have to bear the direct cost of returning the goods unless we agree otherwise with you.
(c) you are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods
6.1 If we need to deliver goods to you or you ask that we do so, we will use a third party delivery service to deliver our goods. If you want to see information on your delivery options and costs, contact us before you place your order.
6.2 Our representative will let you know the estimated date and a time window for delivery of the goods. If our representative does not have this information, it will be set out in the Confirmation E-mail (see clause 3.1.5).
6.3 If something happens which:
6.3.1 is outside of our control, and
6.3.2 affects the estimated date of delivery,
we will let you have a revised estimated date for delivery of the goods.
6.4 Delivery of the goods will take place when we deliver them to the address that you gave to us.
6.5 We may not be able to deliver the goods if the deliverer is unable to properly identify you. Please provide the deliverer with a form of ID (passport or photocard driving licence) if requested.
6.6 Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will let you know, cancel your order, and give you a refund.
6.7 If nobody is available to take delivery, please contact us using the contact details at the top of this page.
6.8 You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.
6.9 We do not make deliveries to any addresses outside of the UK.
6.10 We may deliver your goods in instalments. If you want to see whether your goods may be delivered in this way, please speak with our representative or correspond with us using the details we have provided to you (see clause 3.1.5).
7.1 We accept pay pal and such major credit cards and debit cards as we may indicate from time to time. You may pay by cash with our agreement.
7.2 Your credit card or debit card will only be charged just before when the goods are handed over to you or dispatched by us.
7.3 All payments by credit card or debit card need to be authorised by the relevant card issuer.
7.4 If your payment is not received by us and you have already received the goods, you:
7.4.1 must pay for such goods within 30 days, or
7.4.2 must return them to us as soon as possible. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.
7.5 If you do not return any goods when required to do so we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.
7.6 If you are a consumer, nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under Clauses 4 and 5.
7.7 The price of the goods:
7.7.1 is in pounds sterling (£)(GBP)
7.7.2 includes VAT at the applicable rate
7.7.3 does not include the cost of delivering the goods (if you want delivery options and costs, contact us before you place your order).
8.1 You must ensure that you understand and have followed all instructions for operation of the goods which are supplied with the goods. The instructions should be kept with the goods.
9 Nature of the goods
9.1 If you are a consumer:
9.1.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods:
(a) are of satisfactory quality;
(b) are fit for purpose;
(c) match the description, sample or mode.
9.1.2 We must provide you with goods that comply with your legal rights.
9.2 The goods are intended for use only in the UK. We do not warrant that the Goods comply with the laws, regulations or standards outside the UK.
9.3 The packaging of the goods may be different from that shown on our website, brochure, or other sales literature.
9.4 While we try to make sure that all weights, sizes and measurements set out in our website, brochure or other sales literature are as accurate as possible, there may be a small tolerance of up to 5% in such weights, sizes and measurements in the goods.
9.5 The colour of the goods are reproduced as accurately as possible in our website, brochure or other sales literature, the actual colours that you see on delivery may vary.
9.6 Any goods sold at discount prices, as remnants, as substandard will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
10 Faulty goods
10.1 For more detailed information on what you should expect from us, please contact us using the contact details at the top of this page.
10.2 If you are a consumer, nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
10.3 If you are a consumer, please contact us using the contact details at the top of this page, if you want:
10.3.1 us to repair the goods
10.3.2 us to replace the goods
10.3.3 a price reduction
10.3.4 a refund
in accordance with your statutory rights.
11 End of the contract
11.1 If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
12 Limit on our responsibility to you
12.1 If You are a consumer:
12.1.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:
(a) losses that:
(i) were not foreseeable to you and us when the contract was formed
(ii) that were not caused by any breach on our part
(b) business losses
12.2 If you are a business:
12.2.1 We only supply the goods for internal use by your business, and you agree not to use the goods for any resale purposes unless expressly agreed with us.
12.2.2 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) any other liability that cannot be limited or excluded by law.
12.2.3 Subject to clause 12.2.2, we will under no circumstances 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; or
(b) loss or corruption of data, information or software; or
(c) loss of business opportunity; or
(d) loss of anticipated savings; or
(e) loss of goodwill; or
(f) any indirect or consequential loss.
12.2.4 Subject to clause 12.2.2, our total liability to you for all losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed the price of the goods.
12.2.5 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the goods. 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 goods are suitable for your purposes.
12.3 If you become aware of any fault or malfunction with the goods, you must let us know.
13 Your privacy and personal information
14.1 We will try to resolve any disputes with you quickly and efficiently.
14.2 If you are unhappy with:
14.2.1 the goods
14.2.2 our service to you generally
14.2.3 any other matter
please contact us as soon as possible.
14.3 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
14.3.1 let you know that we cannot settle the dispute with you, and
14.3.2 if you are a consumer and you have purchased goods on line, you may also use the online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit the website on the ‘Your Europe’ portal: https://webgate.ec.europa.eu/odr.
14.4 If you want to take court proceedings, the courts of England and Wales will have exclusive jurisdiction in relation to this contract
14.5 The laws of England and Wales will apply to this contract
15.1.1 We may assign or transfer our rights and obligations under the contract to another entity but will always notify you in writing if this happens.
15.1.2 You may only assign or transfer your rights or your obligations under the contract to another person if we agree in writing.
16 Events Outside Our Control.
16.1 If you are a business, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
16.2 If an Event Outside Our Control takes place that prevents the performance of our obligations under the contract:
16.2.1 we will contact you as soon as reasonably possible to notify you; and
16.2.2 our obligations under the 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 goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16.3 You or we may cancel the contract if an Event Outside Our Control prevents the performance of our obligations 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 goods you have already received and we will refund the price you have paid, including any delivery charges.
17 Entire Agreement.
If you are a business, this agreement shall represent the entire agreement between the parties.
Any variation of the contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
If we do not insist that you perform any of your obligations under the contract, 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 or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
21 Third party rights
21.1 No one other than a party to this contract has any right to enforce any term of this contract