|1.1||What these terms cover. These are the terms and conditions on which we supply products to you.|
|1.2||Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.|
|2.||Information about us and how to contact us|
|2.1||Who we are. We are Contego Sports Limited a company registered in Ireland. Our registered office is at Unit 1 Oranmore Business Park, Oranmore, Co. Galway. Ireland. H91P7X8|
|2.2||How to contact us. You can contact us by telephoning our customer service team at + 353 91 792 615 or by writing to us at email@example.com or Customer Service Dept, Contego Sports Ltd, Unit 1 Oranmore Business Park, Oranmore, Galway, Ireland, H91 P7X8.|
|2.3||How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.|
|2.4||"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.|
|3.||Our contract with you|
|3.1||How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.|
|3.2||If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.|
|3.3||Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.|
|3.4||We only sell to the Republic of Ireland, United Kingdom, Australia, New Zealand and South Africa. Our website is solely for the promotion of our products in the Republic of Ireland, United Kingdom, Australia, New Zealand and South Africa. Unfortunately, we do not accept orders from addresses outside these countries.|
|4.1||Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.|
|4.2||Product packaging may vary. The packaging of the product may vary from that shown in images on our website.|
|5.||Your rights to make changes|
|If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 7- Your rights to end the contract).|
|6.||Providing the products|
|6.1||Delivery costs. The costs of delivery will be as displayed to you on our website.|
|6.2||When we will provide the products. During the order process we will let you know when we will provide the products to you. We will deliver them to you as soon as reasonably possible and in any event within 5 days after the day on which we accept your order.|
|6.3||We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.|
|6.4||If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.|
|6.5||If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.|
|6.6||When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.|
|6.7||When you own goods. You own a product which is goods once we have received payment in full.|
|6.8||What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.|
Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes; or
(b) update the product to reflect changes in relevant laws and regulatory requirements.
|7.||Your rights to end the contract|
You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 10;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
(c) If you have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(c) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 60 days; or
(d) you have a legal right to end the contract because of something we have done wrong.
|7.3||Exercising your right to change your mind For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights are explained in more detail in these terms.|
When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
(a) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(b) any products which become mixed inseparably with other items after their delivery.
How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
(a) Have you bought goods (for example, an N-Pro head protecter)?, if so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
(i) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
|8.||How to end the contract with us (including if you have changed your mind)|
Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on + 353 91 792 615 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
|8.2||Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must return the products to our returns address which is James and James Fulfilment Ltd, Liliput Road, Brackmills Industrial Estate, Northampton, NN4 7DR. You may initiate the returns process on our website by using our ViewPort returns system. The ViewPort link is contained with each email that we send to our customers. An email address is required to use our ViewPort returns system. In the event that you do not have an email address you may call our number + 353 91 792 615 for the address to return the item. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.|
When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
|8.4||What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.|
|8.5||How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.|
Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) 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.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. 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.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from 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 clause 8.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
|9.||Our rights to end the contract|
We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
|9.2||You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.|
|10.||If there is a problem with the product|
|10.1||How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at + 353 91 792 615 or write to us at email@example.com or Customer Service Dept, Contego Sports Ltd, Unit 1 Oranmore Business Park, Oranmore, Galway, Ireland, H91 P7X8.|
|10.2||Your legal rights. We are under a legal duty to supply products that are in conformity with this contract.|
|10.3||Warranty. All of our products are warranted against defects in manufacturing and workmanship for a period of 12 months from the date on which you take delivery of the product.|
|10.4||Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post or deliver them back to us. You must return the products to our returns address which is James and James Fulfilment Ltd, Liliput Road, Brackmills Industrial Estate, Northampton, NN4 7DR. You may initiate the returns process on our website by using our ViewPort returns system. The ViewPort link is contained with each email that we send to our customers. An email address is required to use our ViewPort returns system. In the event that you do not have an email address you may call our number + 353 91 792 615 for the address to return the item.We will pay the costs of postage.|
|10.5||Warning. While our products can achieve impressive results, no product can claim to be 100% effective all the time in relation to head trauma prevention. N-PRO is designed, and extensively tested, to protect the brain and the skull from non-penetrating direct impacts, one of the major contributory risk factors in sports induced head trauma. N-PRO is not guaranteed to work in every individual instance and no implied or expressed guarantee or warranty are made or given that it will always prevent injury in sporting activities. In addition, we recommend that our products are used for a period of no more than 30 months. Except where expressly set out in these terms, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.|
|11.||Price and payment|
|11.1||Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.|
|11.2||We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.|
|11.3||What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.|
When you must pay and how you must pay. We accept payment with VISA, MASTERCARD and AMERICAN EXPRESS credit and debit cards. When you must pay depends on what product you are buying:
(a) For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
|11.5||We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Bank of Ireland from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.|
|11.6||What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.|
|12.||Our responsibility for loss or damage suffered by you|
|12.1||We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.|
|12.2||We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care.|
|12.3||We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.|
|12.4||Maintenance. If any safety instructions and or washing instructions are provided with the products, you agree to read and follow carefully all the terms contained therein at all times. Any information contained on our website is not meant to be comprehensive and if you are inexperienced in using the products you should contact us directly.|
|13.||How we may use your personal information|
How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products;
(c) and if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
|13.2||We may pass your personal information to credit reference agencies. Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.|
|13.3||We will only give your personal information to third parties where the law either requires or allows us to do so.|
|14.||Other important terms|
|14.1||We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.|
|14.2||You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.|
|14.3||Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.|
|14.4||If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.|
|14.5||Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.|
|14.6||Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Irish law and you can bring legal proceedings in respect of the products in the Irish courts.|