FINALVERSION 1 September 2010 TERMS AND CONDITIONS: ONLINE SALE OF GOODS Orionteamwear.com
IMPORTANT: PLEASEREAD WE DRAW YOUR ATTENTION TO THESE TERMS AND CONDITIONS WHICH APPLY WHENEVER YOUBUY GOODS FROM US ONLINE. PLEASE READ THEM VERY CAREFULLY BEFORE YOU PROCEED TOMAKE YOUR PURCHASE BECAUSE THEY EXPLAIN IMPORTANT INFORMATION ABOUT THE BASISON WHICH WE WILL SELL GOODS TO YOU
BYPLACING AN ORDER YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
YOUSHOULD PRINT AND KEEP A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS.
Inthese Terms: "Website" means Our website at www.Orionteamwear.com "Goods" means the goods which We will supply to You in accordancewith these Terms and Conditions "Order" means an order which You place with Us detailing the GoodsYou wish to buy from Us. "We/Us/Our" means Orion Sourcing Ltd / Orion Teamwear ltd, 33 Bellingham Drive, North Tyne industrial Estate, Benton, Newcastle upon Tyne, NE12 9SZ. "You/Your" means you, the person using Our Website and/or buyingGoods from Us.
1. HOW THESE TERMSAND CONDITIONS APPLY
1.1 The Terms in Section A explain how Our Website must be used. They apply toALL users of the Website. Section B also applies when You buy Goods using theWebsite. We may amend the Terms from time to time and you are advised to checkthem regularly for any changes which We make.
SectionA: Terms of Website Use
2. ABOUT THISWEBSITE
2.1 This Website is operated by Orion Teamwear Ltd, a company registered inEngland and Wales with Company Number 06558828. Our registered office is 33 Bellingham Drive, North Tyne industrial Estate, Benton, Newcastle upon Tyne, NE12 9SZ and our VATregistration number is 105074845.
2.2 This Website is aimed at people who are consumers. The information on thisWebsite is in English, all communications shall be in English and the Websiteis designed to comply with English law. You may be viewing the Website in amarket in which we do not commonly sell our goods and We cannot be heldresponsible for non-compliance with any local advertising or other laws inrelation to this Website or its contents. We may restrict access to some partsof the Website to users who have registered with Us.
3. OUR RIGHTS IN THE WEBSITE
The copyright and other ownership rights (known as Intellectual Property Rights) in this Website and its contents(including design, text, logos, trade names, graphics, software and any othermaterial) are owned by Us or Our licensors. You must not yourself or allow anyoneelse to publish, copy, distribute or modify any of the content of this Website.Anyone may view this Website and print pages from it for personal use only, forbrowsing Our products and placing an Order with Us. Any other use is strictlyprohibited without Our prior written consent. You must not make any copy of anymaterial from the Website for any business related use whatsoever.
You mustnot in any way copy, reproduce or use any trademarks, logos or brand nameswhich appear on the Website. Linking to Our Website on other websites is at Ourdiscretion and We may require that You stop providing links to Our Website atany time.
We mayuse any information which you upload to Our Website as We decide and We mayalso disclose that information to a third party.
4. WEBSITE CONTENT
We have taken great care in compiling this Website but neither We nor Ourdirectors, employees or other representatives or any other companies within Ourgroup of companies will be responsible for any damages, losses or costs howeverthey arise as a result of Your use of or reliance on the Website. Although Weaim to provide information which is accurate and up to date, We do notguarantee to do so. You are responsible for making sure that Your reliance onthis Website is suitable for Your own purposes and the information which Weprovide is not intended to be advice which You should rely on. The Website isprovided on an "AS IS" basis and We exclude all warranties andrepresentations of any kind with respect to this Website and its contents tothe fullest extent which the law allows.
We maychange, remove or in any other way adapt the content of Our Website at any timeand without advance notice.
We mayprovide links to other websites. If we do this, those links are provided forYour convenience only and We cannot be responsible for the content oravailability of those websites or Your use of them.
We donot guarantee that this Website will always be available or be free from error,virus or similar.
We aimto ensure that the product images on Our Website are as accurate as possiblebut there may be slight colour variations between the Goods and the imagesshown online.
5.HOW YOU MUST USE THIS WEBSITE
Submissions or comments which are in any way defamatory, abusive, obscene,unlawful, sexist, racist or which may in any way cause offence to any personare strictly prohibited. You must not use any abusive language, be aggressive,swear, threaten, harass or abuse any other person including but not limited toother users of this Website.
Allinformation which You submit should be accurate, truthful and should not becopied
You mustuse Your own identity at all times when using the Website and should ensurethat all information which You provide is accurate and up to date to the bestof Your knowledge. You must not use information about any other person exceptif You have their permission to do so.
You mustnot corrupt the Website, flood it with information causing it to malfunction oruse any features which may affect the Website such as any worms, viruses orsimilar harmful elements. The use of spam (that is, multiple, unsolicited orundesired bulk e-mails) is also forbidden
We willnot be liable for any loss or damage which You suffer as a result of anyharmful material infecting Your computer, data or other material due to Youruse of Our Website.
If Youhave a password as part of Our security procedures, You must treat thatinformation as confidential and must not disclose it to anyone.
We mayrefuse access to this Website to anyone who does not comply with these Terms.
SectionB: Terms of Sale
6. OUR AGREEMENT FOR THE SALE OFGOODS AND THE ORDERING PROCESS
6.1 The Website displays Goods which are advertised for sale and givesinformation about them. By advertising Goods on the Website, We are invitingYou to place an Order with Us. If You place an Order, We are not obliged toaccept that Order and the Contract between Us will only be formed if and whenWe accept Your Order. You may include any number of items within a singleOrder, subject to any restrictions set out in these Terms and each Order whichYou place will be a separate Contract between Us. We reserve the right torefuse to supply Goods to any person.
6.2 Anyterms and conditions appearing or referred to in the Order or otherwisestipulated by You shall have no effect. Any variation of the Contract must beconfirmed in writing by Us.
7. PRICE AND PAYMENT
7.1 Prices and delivery charges are as published on the Website when We acceptYour Order. Prices include VAT and are in pounds sterling. Delivery charges areshown separately. If Your Order value is less than £300 in total then therewill be a single delivery charge
7.2 Wemay amend prices at any time. Where there is a difference between a priceat the time the Order is made and when it is accepted, We will inform You byemail or telephone and ask You if You wish to proceed. If you decline andfor any reason payment has already been taken, it will be re-credited to Yourcredit or debit account.
7.3Offers and promotions on the Website are subject to availability and We maychange or withdraw them at any time and without notice. Nothing shall oblige Usto maintain offers or promotions for any period. Additional terms may apply,details of which will be displayed.
7.4 Wemust receive payment for the Goods in full before they are dispatched.
7.5 Weaccept payment via most major credit and debit cards including Visa,Mastercard, Switch, Maestro and American Express. You must only use a card ifYou are the named cardholder. By placing an Order, You confirm that You are theauthorised cardholder. All credit and charge card holders are subject tovalidation and security checks as well as authorisation by the card issuer andany additional terms imposed by the issuer. If the issuer does not authorisepayment, We will not accept Your Order and will not be liable for any delay ornon-delivery.
7.6 IfWe do not have sufficient stock of Goods, We will notify You by e-mail ortelephone and Your credit or debit card transaction will be cancelled so thatYou will not be charged. We will do this as soon as possible and by no laterthan 30 (thirty) days from the due delivery date. We will not be responsiblefor any compensation if Goods which You order are not available for any reason.
7.7 Wewill validate the names, addresses and other details supplied by You againstcommercially available records (including Electoral Roll data and creditreference services). We may also use third parties to do this. Informationwhich You provide to Us may be disclosed to a registered credit referenceagency which may keep a record of the information. By ordering from Us Youagree to such checks. These measures are taken to protect You, to ensure Yourshopping experience with Us is as secure as possible.
If You Change Your Mind
8.1 Youhave a legal right to cancel the Contract for any reason at any time within 7(seven) working days of the day after You receive the Goods. This is the legal“cooling off period”.
8.2 To cancel, You must tell fill in the returns form that accompaniedyour item. You must also keep the Goods in a re-saleable condition in theiroriginal packaging and send them back to Us as soon as possible but must do sowithin 7 (seven) days of the day after You receive the Goods. Our contactdetails are:
Orionteamwear.com, 33 Bellingham drive, North Tyne industrial Estate, Benton, Newcastle upon Tyne, NE12 9SZ
8.3 We will refund the money due to You as soon as possible but by no laterthan 30 (thirty) days from the day on which You tell Us that You wish tocancel. We will refund the full price of the returned Goods. If You cancel theContract by telling Us in writing that You want to do so within the legal“cooling off period” (within seven working days of the day after You receive theGoods – see Clause 8.1 above), then We will also refund any delivery chargewhich You may have paid when We sent the Goods to You. Please note though thatif you want to return only some items but keep the rest of Your Order, You maynot be entitled to a refund of the delivery charge if anything goes wrong.
8.4 We warrant that the Goods which we supply are of satisfactory quality andare fit for the purpose for which Goods of that nature are commonly supplied.
8.5 If You return Goods to Us for a reason other than if You change Yourmind, We will inspect the Goods and either replace them or refund the fullpurchase price for Goods which We reasonably accept are defective or faulty orwhich are otherwise not in accordance with the Contract. This is subject to Youreturning the Goods to Us within a period of 7 (seven) days from delivery whereyou believe they are faulty for any reason. This is known as the “WarrantyPeriod".
8.6 We will replace the Goods or refund You provided that the defect or faultis not caused by usual wear and tear, damage caused deliberately oraccidentally, Your negligence or if You fail to follow product instructions orif the Goods have been misused, altered or repaired without Our approval. Anyrefund will also include any delivery charges which You have paid and Your costof returning the Goods to Us. If We do not find any fault or defect then Yourcancellation and refund rights are limited to those set out also in Clauses 8.1to 8.3 above although this does not affect your statutory rights. Takingaccount also of Clause 9 below, the remedy in this Clause 8.6 represents ourentire liability to You for any claim under the Warranty Period or any otherwarranty or condition in respect of the Goods which the law provides in so faras We are permitted to limit Our liability to You.
8.7 IfYou believe that Goods have a defect then You should not make any further useof them before returning them to Us. After the Warranty Period, refunds andexchanges shall be at Our discretion except that Your statutory rights are notaffected. These are Your rights granted by law and which cannot be changed byUs.
8.8 IfYou wish to return Goods in accordance with Clause 8.5 You may return the Goodsin an unused condition to Us (by courier or recorded delivery please,) to theaddress in Clause 8.2
8.9.A If for whatever reason you feel that any items are missing from your delivery this must be reported to us in writing with-in 48 hours of receipt of your goods. Failure to do so means We are not liable for the cost of the goods.
8.9.B Finally, whenever You return Goods to Us either because You believe they arefaulty or because You change Your mind, We ask that Goods are returned to Us,either by recorded delivery or courier so that You have proof of posting. Wewill not be responsible for Goods which are lost or damaged in the post.
9. OUR LIABILITY
9.1 NOTHING IN THE CONTRACT OR ELSEWHERE WILL EXCLUDE OR LIMIT OUR LIABILITYFOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR ANY LIABILITY FORFRAUDULENT MISREPRESENTATION OR FRAUD OR LIABILITY WHICH WE ARE RESPONSIBLE FORIN RELATION TO CONSUMER PROTECTION RIGHTS OR FOR ANY OTHER MATTERS WHICH ITWOULD BE ILLEGAL FOR US TO EXCLUDE. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
9.2 TOTHE EXTENT THAT WE ARE LIABLE TO YOU IN RESPECT OF BREACH OF CONTRACT, FORNEGLIGENCE OR FOR ANY OTHER LEGAL LIABILITY IN RELATION TO THE GOODS OR THISCONTRACT OR OTHERWISE, OUR TOTAL LIABILITY TO YOU WILL BE LIMITED TO THREETIMES THE PRICE OF THE GOODS WHICH ARE THE SUBJECT OF THE LIABILITY, PAID BYYOU TO US AND ANY LOSSES WHICH ARE FORESEEABLE AS A DIRECT CONSEQUENCE OF USBREAKING OUR CONTRACT WITH YOU.
9.3EXCEPT UNLESS WE EXPLICITLY STATE ELSEWHERE, WE SHALL NOT BE RESPONSIBLE FORANY INDIRECT OR SPECIAL LOSSES WHICH HAPPEN AS A SIDE EFFECT OR CONSEQUENCE OFANY MAIN LOSS OR DAMAGE OR FOR ANYTHING WHICH WE OR YOU COULD NOT REASONABLYANTICIPATE. THIS INCLUDES BUT IS NOT LIMITED TO THE FOLLOWING, HOWEVER THEYARISE:
9.3.1LOST PROFITS; 9.3.2 LOSS OF INCOME OR REVENUE; 9.3.3 LOSS OF SAVINGS; 9.3.4 LOSS OF DATA; 9.3.5 LOSS OF USE OF MONEY.
10.1 We aim to deliver the Goods within the indicative timescales shown on OurWebsite. However time is not of the essence for delivery or performance whichmeans that We will not be responsible if Goods are delivered outside thosetimes and We will not be liable for the consequences of any delay. If We areunable to deliver the Goods within the indicated timescale, We shall usereasonable efforts to tell You this by e-mail and give an amended deliverytime. We will not be liable for the consequences of any delay. Our liability toYou is capped at the limits set out in Clause 9.2 above.
10.2 IfGoods are out of stock then We will let you know by e-mail and let You know ifany alternatives are available. We will try to replenish low stock levels assoon as possible although We will not be obliged to do so. If You Order morethan one product, We do not guarantee that all Goods will be delivered to Youin one delivery and We reserve the right to deliver in instalments.
10.3Ownership of the Goods will only pass to You when We receive full paymentincluding delivery charges (if applicable). The Goods will be at Your risk fromthe time of delivery and You should therefore take reasonable care of them.
10.4Goods will be delivered to the address which You provide in the Order process.You must provide a valid address for delivery. The delivery method which We usemay vary depending on the nature and number of the Goods. We shall select whatWe think is the most appropriate delivery method for the Goods.
11. OUR RIGHTS IN THE GOODS
All ownership rights known as intellectual property rights in the Goodsincluding all designs, trade marks, brand names, images and logos are and shallremain Our property or those of Our licensors. At no time shall any rights,title or interest in the intellectual property rights pass to You.
12.1 We will not be in any way responsible to You for a failure to sell Goodswhich You wish to buy or otherwise for a failure to comply with Our obligationsunder the Contract or any costs or liabilities which You incur as a result ofany circumstances beyond Our reasonable control including but not limited toany act of God, flood, fire, trade dispute, lack of third party materials orservices or terrorist acts.
12.2 TheContract between You and Us is binding. You may not transfer or assign Yourrights or obligations to another person without Our express agreement. We maytransfer or assign Our rights and obligations under the Contract or appointthird parties to assist Us in performing Our obligations at any time providedthat this will not reduce Our obligations to You.
12.3 Ifany clause of this Contract is found in any way to be void by a Court or othercompetent authority then all other clauses of the Contract will continue toapply.
12.4 Ifeither We or You do not at any time act on any rights which we have under thisContract then it will not affect the rights of either of us to enforce anyrights at a later stage. If either of us chooses not to rely on a right whichwe have, it will not affect any other rights which either of us has.
12.5This Contract is subject to English law and both We and You agree that anydispute arising under or connected to it will be decided by the English courts.
12.6 Nochanges to the Contract will bind either of us unless We agree to them inwriting. We may amend these Terms at any time and without notice to You. Any change will take effect immediately after being posted on the Website andwill be deemed to be accepted by any person who uses the Website. Where Youhave already placed an Order which We have accepted, the Contract will remainsubject to the version of the Terms which were in place at the time at whichYou placed Your Order.
12.7Nothing in these Terms seeks to exclude or limit any rights available underapplicable law which cannot be excluded or limited. This means that these Termswill not change any rights which the law grants to You which that law does notallow Us to change or limit.
12.8 Anynotice You send to Us will be deemed delivered as follows, depending on how Yousend it:
12.8.1on the day on which it is left if You deliver the notice by hand; or 12.8.2 on the day on which it was posted if You post the notice as shown onproof of postage; or 12.8.3 on the day on which it is sent correctly if by fax or email;
and ineach case it should be sent to the address set out at Clause 8.3.
12.9 Aperson who is not party to this Contract shall have no right under theContracts (Rights of Third Parties) Act 1999 to enforce any term of it whichmeans that only We and You have rights under it. This does not affect any rightor remedy of any person which exists or is available otherwise than under thatAct.
12.10The Contract is the entire agreement and understanding between Us in respect ofits subject matter and will supersede and replace any prior agreements,understandings or arrangements whether written or verbal. We each acknowledgethat in entering into the Contract neither of us has relied on anyrepresentation or promise given by the other or implied from anything said orwritten other than as specifically set out in the Contract or on the Website.
TERMS OF TRADE
Once an order has been signed off by the customer (email)the customer is obliged to accept delivery of the goods and pay the agreedprice and adhere to the payment terms
Alldesigns and logos represented on Orion job sheets are for guidance only and arenot to scale.
Titleof the goods remains with Orion Teamwear Limited until payment is made in full. Orion have the right to repossess stock which has not been paid for at any time.
Allorders below £1,000 plus VAT will require 100% payment with the orderconfirmation before production begins.
Tradecredit terms are available by separate negotiation.
Onorders over £1000 Orion will accept a non-refundable deposit of 50% with anorder confirmation before production begins. The remaining 50% balance is to bepaid and cleared before despatch.
Whilstthe products supplied bear the Orion brand logo the customer cannot purport torepresent or make any commitment on behalf of the Orion which includes but isnot limited to Orion teamwear Limited.
Whilstevery effort will be made to deliver orders to the 8 week target, this is atarget and due to seasonal trends this can be extended at anytime even after anorder has been confirmed, The target is not guaranteed and not contractual.
OrionTeamwear Limited reserves the right to split the supply of the ordered goodsinto more than one delivery.
OrionTeamwear Limited reserves the right to perform credit checks on all customersand request payment of an order in full BEFORE the order will be progressed.
Bespokegarments are "made to order" based on customer confirmation of allorder details. Refunds/Returns for bespoke team wear orders with a confirmedcustomer order will not be accepted.
WherebyOrion has failed to comply with the confirmed customer order instructions orthe product is faulty we will happily exchange the product within a reasonabletime scale.
Notificationof an issue/fault with an order must be made by phone/email/fax/letter to Orionwithin 48 hours of delivery. The goods must be retained in unused condition andthe cost of any loss or damage will be borne by the customer.
Throughconfirmation of this order you agree you have full permission for the use ofany logos and accept full responsibility for any subsequent actions taken byparties associated with said logos.
Refunds/Returnson stock garments purchased through the Orion Stock Shop must be made within 28days of receipt. All items must be returned "as sold"; in a resalablecondition, in their original packaging, swing tags and tickets attached andunused. If you wish to return an item but are unable to meet the aboverequirements, Orion cannot accept the item back. We also regret that deliverycharges or carriage cannot be refunded for returned items (unless returned dueto a fault with the product) and an additional charge of £4.50 (UK or Ireland)or £9.50 (rest of the world) is applicable to any item sent in exchange (unlesssent due to a fault with the product).
Whilstevery effort will be made to deliver orders placed on the Orion Stock Shopwithin 7 days (GB) and 28 days international, this is not contractual.
For avoidance of doubt, these conditionswill be governed by English Law.
Our parents often comment on the extremely high quality of kit that Orion supply and the pupils especially like to wear the most up to date designs and materials.
– Andy Chutes, Dame Allans School (Newcastle)
To date I have found Orion to be exceedingly flexible and accommodating in terms of the service offered to the individual student and the establishment of a working relationship.
– Peter Burgon, Sports Development Officer University of Abertay Dundee