DUNCAN FEARNLEY CRICKET SALES LTD
Terms of Sale
1. DEFINITIONS AND INTERPRETATION
1.1. IN THESE CONDITIONS:
Contract means any contract for the sale of goods and/or the supply of services between us and you into which these Conditions are incorporated;
Conditions means the standard terms and conditions of sale set out herein, including any special terms and conditions agreed in writing by us and attached hereto;
Goods mean the goods and/or services which we shall supply in accordance with these Conditions, details of which are set out overleaf;
We means Duncan Fearnley Cricket Sales Limited and “us” and “our” shall be construed accordingly;
You means the person placing an order for the Goods and entering into the Contract with us and “your” shall be construed accordingly.
1.2. The headings in these Conditions are for convenience only and shall not affect their interpretation.
1.3. All rights expressly reserved by or granted to us by these Conditions shall be without prejudice to any other rights which we may have from time to time.
1.4. Unless expressly stated otherwise, where rights and decisions are to be exercised or made at our discretion, then we shall be under no duty or obligation to you to justify or provide a reason for the decision.
1.5. Unless expressly stated otherwise, where our prior written consent is required in these Conditions, then we shall be under no obligation not to unreasonably withhold or delay in giving that consent.
2. BASIS OF SALE
2.1. These Conditions shall apply to all Contracts for the sale of Goods by us to you by telephone, email, mail order or through our website to the exclusion of all other terms and conditions including any terms or conditions which you may purport to apply under any purchase order, and no variation of these Conditions shall be binding unless agreed in writing by us and attached hereto. These Conditions set out the entire agreement to the exclusion of all other terms and conditions.
2.2. Our employees or agents are not authorised to make any representations concerning the Goods unless confirmed by us in writing. In entering into a Contract you acknowledge that you do not rely on any such representations which are not so confirmed.
2.3. Where the Goods are to be delivered by instalments, each instalment shall constitute a separate Contract. Failure by us to deliver any instalment shall not entitle you to treat the Contract as repudiated.
2.4. All specifications, drawings and particulars of prices, weights, dimensions and performance issued by us are approximate only and are not intended to form the basis of any Contract.
3. ORDERS AND SPECIFICATIONS
3.1. No order submitted by you shall be deemed to have been accepted by us unless and until confirmed by us. All orders are subject to availability and on a first-come first-served basis. Goods cannot be reserved, and we reserve the right to refuse to accept an order.
3.2. You shall be responsible for ensuring the accuracy of the terms of any order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with these Conditions
3.3. If the Goods are to be manufactured or any process is to be applied to the Goods by us in accordance with a specification submitted by you, you shall indemnify us against all loss, damages, costs and expenses awarded against or incurred by us in connection with or paid or agreed to be paid by us in settlement of any claim for infringement of any patent, copyright, design right, trade mark or other intellectual property rights of any other person which results from our use of your specification. We reserve the right to make changes in the specification of the Goods which are required to conform with any applicable statutory or EU requirements.
4. PRICE OF THE GOODS
4.1. The price of the Goods shall be our quoted price. All prices and price information were correct at the time of publishing, and are subject to change without notice. The quoted prices are for online or email purchases only, and may not be the same as in our mail order catalogues or telephone sales department.
4.2. We reserve the right, by giving notice to you at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to us which is due to any factor beyond our reasonable control, any change in delivery dates, quantities or specifications for the Goods which are requested by you, or any delay caused by your instructions or your failure to give us adequate information or instructions. You will be asked to re-confirm your order at the new price.
4.3. Except as otherwise agreed in writing by us, all prices are given by us on an ex works basis, and where we agree to deliver the Goods otherwise than at our premises, you will be liable to pay our charges for transport, packaging and insurance.
4.4. The price is inclusive of any applicable value added tax which you shall automatically be liable to pay to us. Any changes in the rate of value added tax will result in an automatic change in our quoted prices.
4.5. We reserve the right to alter the specification of products as necessary and offer an equivalent or better product in the event of stock anomalies.
5. TERMS OF PAYMENT
5.1. Please see our Payment Options for our terms of payment.
5.2. If you fail to make any payment on the due date then we reserve the right to:
(a) cancel the Contract or suspend further deliveries to you;
(b) appropriate any payment made by you to such of the Goods as we may think fit; and
(c) charge you interest (as well after as before any judgment) on the amount unpaid, at the rate of 3% per annum above Barclays Bank plc base rate from time to time, until payment is made in full, accruing pro rata on a daily basis.
5.3. In the event that a cheque or credit card payment is dishonoured by your bank or credit card provider, they (being your bank, credit card provider or our appointed debt collection company) may charge a fee. Where we incur any fee or liability as a result of a dishonoured payment, you will be liable to reimburse us in full for the amount we have incurred.
5.4. Validation Checks. All credit and charge card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery. In addition, in the interests of preventing fraudulent use of credit, debit and charge cards, Duncan Fearnley Cricket Sales Ltd will validate the names, addresses and other information supplied during the order process against commercially available records (e.g Electoral Roll data, Credit Reference Services). A third party may also be instructed to complete these checks. By ordering from the Duncan Fearnley Cricket Sales Ltd website you consent to such checks being made. We may need to contact you by letter, telephone or email to verify details before we are able to process and dispatch your order or we may be unable to accept your order. Any information given may be disclosed to a registered Credit Reference Agency which may keep a record of the information. All information provided will be treated in accordance with the Data Protection Act 1998. These measures are taken as extra protection for you, to ensure your online shopping experience with us is as safe and secure as possible.
6.1. You shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery.
6.2. Any dates quoted for delivery of the Goods are approximate only and we shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence of the Contract unless previously agreed in writing by us. We may deliver the Goods in advance of the quoted delivery date upon giving you reasonable notice.
6.3. If we fail to deliver the Goods (or any instalment) for any reason other than any cause beyond our reasonable control or your fault, and we are accordingly liable to you, our liability shall be limited to the excess (if any) of the cost to you (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
6.4. If you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery then we reserve the right to:
(a) store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage; or
(b) sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the Contract or charge you for any shortfall below the price under the Contract.
6.5. Please see our Delivery & Postage policy for postage charges.
6.6. You may be subject to customs requirements and duties when ordering Goods for delivery outside the UK. Import requirements differ from country to country so you should contact your local customs office for further information of any relevant requirements and charges. We have no control over these charges and cannot predict what they may be. Any such charges must be borne by you and you are responsible for complying with all laws and regulations of the country in which you are importing the Goods. Please be aware that cross-border deliveries may be subject to opening and inspection by customs authorities and we are not responsible for delayed delivery times due to packages being inspected by customs.
7. RISK AND PROPERTY
7.1. Risk of damage to or loss of the Goods shall pass to you in the case of Goods to be delivered otherwise than at our premises, at the time of delivery or, if you fail to take delivery of the Goods, the time when we have tendered delivery of the Goods.
7.2. Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions, the legal and equitable property in the Goods shall not pass to you until we have received in cleared funds payment in full of the price of the Goods.
7.3. Until such time as the property in the Goods passes to you (and provided the Goods are still in existence and have not been resold) we shall be entitled at any time to require you to deliver up the Goods to us and, if you fail to do so forthwith, to enter upon any premises where the Goods are stored and repossess the Goods.
8. WARRANTIES AND LIABILITY
8.1. Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by the applicable law. Where the Goods are sold to a person dealing as a consumer, we warrant that the Goods are of satisfactory quality and fit for their normally intended purpose.
8.2. Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976, as amended) your statutory rights are not affected by these Conditions. Further information on statutory rights can be obtained from Trading Standards or Citizens Advice Bureaux.
8.3. Except in respect of death or personal injury caused by our negligence, we shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by our negligence or our employees, agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by you, and our entire liability under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.
9. YOUR INSOLVENCY
9.1. If you make any voluntary arrangement, become bankrupt, insolvent or commit any other act of bankruptcy, we reserve the right to cancel the Contract or suspend any further deliveries under the Contract without any liability to you, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
10.1. We will not liable to you or deemed to be in breach of contract by reason of delay or failure to perform any of the Company’s obligations if the delay or failure to due to act cause beyond our reasonable control.
10.2. These Conditions do not purport to confer a benefit on any third party.
10.3. Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other’s principal place of business.
10.4. No waiver by us of any breach of the contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
10.5. If any provision of these Conditions are held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remainder shall not be affected.
10.6. The Contract and these Conditions shall be governed by the laws of England, and you agree to submit to the exclusive jurisdiction of the English courts.
10.7. We reserve the right to monitor and record telephone calls our staff receive and make in order to monitor staff performance and ensure the highest service possible to our customers.
10.8. All photographs, images and descriptions on this website are the copyright of Duncan Fearnley Cricket Sales Ltd, and may not be reproduced without the express consent of Duncan Fearnley Cricket Sales Ltd.
11. YOUR RIGHT TO CANCEL
11.1. If, for any reason you are unhappy with the Goods, you have the right to cancel your order at any time within seven working days on the date of receiving the goods.
11.2. If you wish to cancel before the Goods are despatched, you are asked to contact us by email or phone as soon as reasonably possible.
11.3. If you wish to cancel after the Goods are despatched, please return the Goods to us indicating whether you require an exchange or refund. Please refer to our Returns policy
11.4. Please note that this right of cancellation does not apply where Goods are specifically made to your specification or personalised at your request.
12. PROMOTIONAL CODES
12.1. We may make available promotional codes from time to time. Any use by you of a promotional code in respect of an order shall only be permitted where used by the person for whom it is intended and for a single use.
12.2. Promotional codes are not valid in conjunction with any other offer.
12.3. There is no cash alternative available.
12.4. The promotional codes can be withdrawn by us at anytime.
12.5. All offers to which the promotional code relates shall excluding all postage and packaging charges.
12.6. Promotion codes cannot be used after the expiration date.
12.7. We cannot issue refunds for promotion codes not used at the point of order, please check your order thoroughly before placing to avoid disappointment.
12.8. Discounts are applied proportionally to goods hence any returns or refunds on products will be on the proportional price and not the full price if a discount was applied.