Terms and Conditions
Terms and Conditions
Terms and Conditions
Welcome to Fencingstuff
By accessing the website and/or placing an order you agree to be bound by these terms and conditions regardless of whether you register with us or place a single order.
We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
Company Information
If you need to contact Fencingstuff please go to the contact us page by clicking here.
Ordering
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but - in the absence of negligence on our part - we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
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 acknowledgement, detailing the products you have ordered. The fact that you receive an automatic order acknowledgement does not necessarily mean that we will be able to meet your Order.
Our acceptance of an order takes place when we despatch the order. We will send you a despatch confirmation by e-mail. When we despatch the order, the purchase contract will be made even if your payment has been processed prior to despatch, unless we have notified you that we do not accept your order or you have cancelled your order.
We may refuse to accept an order:
- where goods are not available;
- where we cannot obtain authorisation for your payment;
- if there has been a pricing or product description error;
- if you do not meet any eligibility criteria set out in our terms and conditions.
Payment and Security
Orders may be processed online, using a credit or debit card (currently VISA, MasterCard, Delta and Switch/Solo) via PayPal.
To ensure that shopping online is secure, when paying by credit/debit card, your details will be encrypted using the 128-bit SSL Software. We have chosen to use Paypal as our payment gateway because it ensures that all your credit card details are encrypted and sent securely between you, your bank and Fencingstuff.
Your credit card company may also carry out additional security checks. In the event your card is declined, please contact your card issuer to authorise the transaction.
We may feel the need to carry out additional security checks to help protect both Fencingstuff and its customers. In these cases, we may ask for additional proof of ID such as a driving licence or utility bill. You will be contacted either by e-mail or by phone if this is necessary.
Pricing, Descriptions and Availability
Prices shown on the website are inclusive of VAT at the appropriate rate. Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. If you have already received the goods, we ask that you send them back to us - upon receipt we will issue a full refund and any costs you in incur in returning the item.
Contract Cancellation under the Distance Selling Regulations:
You are entitled to cancel this contract if you so wish provided that you exercise your right and notify us no longer than 7 working days after the day on which you receive your order.
If you wish to exercise your right to cancel this contract after your order has already been despatched, we will refund the original purchase price and delivery charge, provided that you have notified us in writing no longer than 7 working days after the day on which you receive the order, and that you have taken reasonable care of the products and not used them.
Please note that your right to return Products does NOT apply to products which fall into the following categories unless they are faulty or not as described:
- Made to measure or personalised goods
- Perishable goods (such as flowers and chocolates).
For help in returning any received items, please click here to go to our Returns section.
Delivery
We use Royal Mail as our courier and have various delivery options. Please click here to see our delivery options and pricing.
Please note that, while items sent by Royal Mail usually arrive within 1-3 days, Royal Mail stipulate that only items still not delivered after 15 working days can be officially classified as lost.
Fencingstuff will make every effort to deliver your order within the time stated, but we will not be liable for any loss caused to you by late delivery.
Delivery outside the EU may be subject to local import taxes, which are your responsibility where they apply. If so, the shipping company should advise you on the charges due or else you should consult your local customs office.
The above does affect your statutory rights as a consumer.
Returns
We will not refund the cost of gift-wrapping, your costs in returning the item to us and other services provided to you in connection with your purchase (eg. Express Delivery) unless you are returning the item to us because of an error on our part (or because it is defective) or if you have contacted us within 7 days.
We will make the refund directly to the credit/debit card used to place the original order within 7 days or earlier, once we have inspected the returned item and are satisfied that it has been returned to us in the condition it was in when delivered to you.
The goods are your responsibility until they reach our Warehouse. Please ensure you package your items carefully to prevent any damage to the items or boxes. We are not responsible for any items that are returned to us in error.
We recommend you use a secure delivery method which requires a signature upon receipt (such as Royal Mail First Class Recorded Delivery) and which insures you for the cost of the items being returned, as in the rare event of the parcel going missing you are responsible for the returned products until they reach us.
Please go to our Returns section for instructions on how to return your items by clicking here.
The above does not affect your statutory rights.
Security
Here at Fencingstuff, we take the security of our customers' details very seriously and as such have measures in place both on our website when creating an account and when taking payment to ensure your details are kept safe.
Privacy Policy
Protecting the security and privacy of your personal information is important to Fencingstuff and to the way we conduct our business in compliance with laws on privacy, data protection and data security. We hope this policy will help you understand what information Fencingstuff may collect, how we use and safeguard that information and with whom we may share it. To see our full privacy policy click here.
Copyright and Trademark Licence
You are permitted to print and download extracts from this Website for your own use on the following basis:
- no documents or related graphics on this Website are modified in any way;
- no graphics on this Website are used separately from accompanying text; and
- any of our copyright and trademark notices and this permission notice appear in all copies.
Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
Subject to the above, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
Any rights not expressly granted in these terms are reserved.
General
Indemnity
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
Our Rights
Fencingstuff may modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
Termination shall be without prejudice to Fencingstuff's other rights.
Fencingstuff acts as principal on its own account and not as agent for you or any other person.
If Fencingstuff does not enforce any provision of this agreement such will not be considered a continuing waiver.
In the event that any part of these Terms is held to be unenforceable, such part will at Fencingstuff's option be construed as far as possible to reflect the parties' intentions and the remainder of the provisions will remain in full force and effect.
These Terms constitute the full agreement between you and Fencingstuff and may only be amended in writing. They apply to the exclusion of all other terms or conditions of contract proposed.
Since Fencingstuff principally deals with the UK and EU market, we cannot guarantee that it accords with local laws of any other countries (though we will try to make sure it does).
Fencingstuff's Responsibilities
Fencingstuff has endeavoured to ensure that all product descriptions and photographs are as accurate as possible.
Fencingstuff does not give any guarantees, warranties or representations in respect of any third parties services.
Because of the nature of the Internet, Fencingstuff provides and maintains Fencingstuff.CO.UK on an "as is" and "as available" basis and we make no promise that use of Fencingstuff.ORG will be uninterrupted or wholly error-free. We are not responsible if we are unable to provide our Internet services for any reason beyond our control.
Our website contains links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above, we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use Fencingstuff.ORG in breach of these terms you will be liable to and will reimburse us for any loss or damage caused as a result.
These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall they exclude or limit Fencingstuff’s liability for death or personal injury resulting from its negligence nor any fraudulent representation.
Fencingstuff will not be liable to any degree for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including - but without limitation to - Internet outages, communications outages, fire, flood, war or act of God.
Please read the instructions, manuals and other user documentation that comes with your Products carefully. You are urged to use all products safely and in accordance with the manufacturer's guidelines.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid to the maximum extent permitted by law, Fencingstuff excludes liability for any loss or damage of any kind howsoever arising including - but without limitation to - any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Fencingstuff and Fencingstuff shall have no liability to pay any money by way of compensation, including but without limitation to all liability in relation to:
- any incorrect or inaccurate information on Fencingstuff.ORG.
- the infringement by any person of any Intellectual Property Rights of any third party caused by their use of Fencingstuff.ORG or any Product purchased through Fencingstuff.ORG.
- any loss or damage resulting from your use or the inability to use the Fencingstuff.ORG website or resulting from unauthorised access to, or alteration of your transmissions or data in circumstances which are beyond our control.
- any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong;
- any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading Fencingstuff.ORG , or from transmissions via e-mails or attachments received from Fencingstuff.ORG or its licensees and affiliates; the availability, quality, content or nature of the other sites on the Internet that are owned and operated by third parties to which Fencingstuff link and web sites located on or through any External Site nor for any transactions involving External Sites (including as to 'cookies', personal data, confidential information, or purchases of domain names or other services). You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links, web site or transactions;
- all representations, warranties, conditions and other terms which but for this notice would have effect.
Law
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
