Terms & Conditions of Sale
TERMS OF SALE
CONTRACT
a) Our website displays goods advertised for sale, and gives information about them. By advertising goods on our website, we are inviting you to place an order with us. If you place an order, we are not obliged to accept that order. The contract between you and us will only be formed and completed upon actual despatch of the goods to you. Completing the checkout process does not constitute our acceptance of your order. You may include any number of items within an order, subject to any restrictions set out in these terms or on our website. Each order placed will be a new contract between you and us. We reserve the right to refuse to supply goods to any person or accept an order.
b) Any variation of the contract by you must be expressly agreed between both you and us.
c) The following explains the process of placing an order and how the contract for the sale of goods between us will be formed.
Step 1 – Goods For Sale
You can select a product for purchase by clicking on the item that, selecting the size and then clicking on “Add to Basket”.
Step 2 – Cart
You can review the goods in your cart at any time. You can change the contents or quantity of any item within your cart. You should remove any unwanted items at this stage. You can also enter any promotional code that You may have. Entering a valid promotional code and clicking ‘Apply Coupon’ will update the basket total.
Step 3 – Checkout
Once you are happy with the contents of your cart, you can proceed to the checkout, by clicking on “Proceed to Checkout” button.
Step 4 – Customer Details
You will be invited to enter your delivery details and billing address. You should also add any notes for the order at this stage, and check the box if you wish to receive marketing from us. You should give review the items you are wishing to purchase, and check that the price details are correct. Select a preferred delivery option before proceeding to add your card details. The final total to pay will be calculated.
Step 5 – Payment Details
Enter your payment details in our secure payment area, and once you have reviewed all of the information provided, select “Place Order”.
Step 6 – Order Summary
The page will display if the order has been successfully placed. You will be invited to create an account, should you wish to track the order.
Step 7 – Order Acknowledgement
You will receive an acknowledgement of the order you have placed by email.
d) We may refuse your order or cancel it if we decide it is reasonable to do so. This may include circumstances such as:
i) We are unable to obtain authorised payment or the payment process is incomplete;
ii) We identify a product or pricing error on the Website;
iii) You fail to meet any criteria for eligibility of purchase;
iv) We suspect that your order is related to fraudulent activity;
v) You fail to submit all necessary and relevant details to allow us to fulfil your order;
vi) Goods are unavailable or out of stock.
vii) We may contact you by phone or email to verify details before we are able to process your order.
e) The Goods shown for sale on this Website are intended for private, consumer use and you must not resell goods or offer them for commercial reasons. We will not be liable for any losses related to your use of the goods in the course of a business such as, lost profits, loss of business or business interruption. We reserve the right to limit the total value of goods that can be included in an order. We reserve the right to cancel any bulk orders.
PRICE AND PAYMENT
a) Prices and delivery charges are as published on the website when we accept your order. Prices include VAT and are in GBP. Delivery charges are shown separately. All applicable delivery charges are as stated at the point of you placing the order.
b) We take all reasonable care to ensure that the price of the items indicated to you is correct, but we may amend prices at any time. The price of the item when we accept your order is the final price to pay.
c) Offers and promotions on the Website are subject to availability and we may change or withdraw them at any time and without notice. Nothing shall oblige us to maintain offers or promotions for any period. Additional terms may apply, which will be displayed on the specific promotion.
d) We must receive payment for the goods and any delivery charges in full, cleared payment before they are despatched.
e) We accept payment via most major credit and debit cards including Visa, Mastercard, Maestro and American Express, and PayPal. You must only use a card if you are the named cardholder. By placing your order, you confirm that you are the authorised cardholder. All credit and charge card holders are subject to validation and security checks, as well as authorisation by the card issuer and any additional terms imposed by the issuer. If the issuer does not authorise payment, we will not accept your order and we will not be liable for any delay or non-delivery.
f) Your card provider may charge you for using your card. Please check the terms and conditions with your card provider carefully and in advance of submitting your payment details.
g) If we do not have sufficient stock of goods, we will notify you by e-mail and your credit or debit card transaction will be cancelled or refunded. We will not be responsible for any compensation if the goods that you order are not available for any reason.
h) We will validate the names, addresses and other details supplied by you against commercially available records (including Electoral Roll data and credit reference services). We may also use third parties to do this. By ordering from us you agree to such checks.
IMPORT DUTIES & TAXES
a) When making a purchase on our website from outside of the UK, you may be liable for import duties, taxes or processing fees from your home country. We are not liable for these additional costs, this remains the liability of you the customer.
b) We recommend you understand if any duties, taxes or processing fees apply to you before making a purchase on our website from outside of the UK.
RETURNS
a) You have a legal right to cancel the contract (subject to certain exceptions set out below) without giving any reason within 14 days of the day after you receive the goods. This is the “Cancellation Period”.
b) You can cancel by sending us an email stating your intention to cancel your order, and sending this to info@masscular.com. You should keep evidence of having given notice of cancellation, such as an e-mail receipt.
c) You must return the goods to us (at your own risk and cost) within 14 days of notifying us.
d) The goods must be returned unused and in a new condition with the original packaging.
e) If the nature of the goods means that you cannot return them by post, you will be responsible for the cost of couriering the goods to us.
f) Within 14 days of receiving the returned goods, we will ordinarily refund the full purchase price, minus the delivery charge paid.
g) You do not have the legal right to cancel any goods that have been personalised to your requirements.
FAULTY ITEMS
h) We warrant that the goods that we supply are of satisfactory quality and are fit for the purpose for which goods of that nature are commonly supplied.
i) If you wish to return goods to us because they are faulty, we will inspect the goods and should there be manufacturing defect either replace them or refund the full purchase price. We will ask you for your preferred option. You must notify us within 30 days of delivery if you notice a defect.
j) We will replace the goods or refund you, provided that the defect or fault is not; caused by usual wear and tear, damage caused deliberately or accidentally, your negligence or if you fail to follow product instructions or if the goods have been misused, altered or repaired. If We do not find any fault or defect, then your cancellation and refund rights are limited, although this does not affect Your statutory rights.
k) If you believe that goods have a defect then you should not make any further use of them before returning them to us.
l) If you wish to return goods you may return the goods to us in an unused, reasonable condition to our returns address.
m) We will aim to process your refund or replace the goods as soon as possible. We reserve the right to send any goods that you claim are faulty to our inspections team.
n) We will not be responsible for goods that are lost or damaged in the post, and suggest you send the goods via recorded delivery.
LIABILITY
a) Nothing in a contract between you and us, or elsewhere, will exclude or limit liability for death or personal injury caused by our negligence or any liability for fraudulent misrepresentation or fraud or liability that we are responsible for in relation to consumer protection rights or for any other matters, which it would be illegal for us to exclude. Your statutory rights are not affected.
b) We are not responsible to you for loss or damage of a kind that we could not reasonably have foreseen, which results from you misusing the Goods, or loss and/or damage as a result of wear or tear or otherwise from items which are damaged after it was delivered to you.
c) Many of the Goods that we offer for sale are fashion items and may not be suitable for sports or other activities. You should therefore satisfy yourself that items are suitable for the type of sports activity that you wish to use them for.
DELIVERY
a) We aim to deliver the goods within the indicative timescales shown on our website. If we are unable to deliver the goods within the indicated timescale, we shall use reasonable efforts to tell you this by e-mail and give you an amended delivery estimate.
b) If the goods you have ordered are out of stock then we will let you know by e-mail.
c) If you order more than one product, we do not guarantee that all goods will be delivered to you in one delivery, and we reserve the right to deliver in multiple consignments.
d) Ownership of the Goods will only pass to you upon delivery of the goods. The goods will be at your risk from the time of delivery and you should therefore take reasonable care of them.
e) If the goods or quantity that you receive are not as you ordered due to our error, then you should inform us by email as soon as possible after you receive the goods and become aware of the error. We will make good any error. We will also reimburse to you any delivery costs that you incur in sending the incorrect goods back to us. Any Goods that You receive in error and intend to return should not be worn and returned in its original condition.
f) Goods will be delivered to the address that you provide in the order process, however delivery practices may vary depending on which carrier is delivering the goods. You must provide a valid address for delivery. The delivery method that we use may vary depending on the nature and number of the goods. We shall select what we think is the most appropriate delivery method for the goods.
g) We reserve the right to make alternative arrangements for delivery, which will depend upon the carrier we use to deliver the goods. This may include leaving the goods with a neighbour or in a safe place in or around your property.
h) If the Goods are not delivered on the date expected, you should notify us of such non-delivery within 30 days of such failure of delivery.
INTELLECTUAL PROPERTY
All intellectual property rights, in the goods including all designs, trademarks, brand names, images and logos are and shall remain our property, or those of our licensors. At no time shall any rights, title or interest in the intellectual property rights pass to you.
GENERAL
a) We will not be in any way responsible to you for a failure to sell goods that you wish to buy; for a failure to comply with our obligations under the contract; or for costs or liabilities which you incur as a result of any circumstances beyond our reasonable control – including but not limited to any act of God, flood, fire, trade dispute, lack of third party materials and services, or terrorist acts.
b) The contract between you and us is binding. You may not transfer or assign your rights or obligations to another person without our express agreement. We may transfer or assign our rights and obligations under the contract, or appoint third parties to assist us in performing our obligations at any time, provided that this will not reduce our obligations to you.
c) If any clause of this contract is found in any way to be void by a court or other competent authority, then all other clause of the contract will continue to apply.
d) If either we or you do not at any time act on any rights that we have under this contract, then it will not affect the rights of either of us to enforce any rights at a later stage. If either of us chooses not to rely on a right which we have, it will not affect any other rights that either of us has.
e) The contract is subject to English law and both we and you agree that any dispute arising under or connected to it will be decided by the English courts.
f) 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 and will be deemed to be accepted by any person who uses the website. Where you have already placed an order, the contract will remain subject to the version of the terms that were in place at the time when you placed your order, subject to any changes expressly agreed between you and us.
g) Nothing in these terms seeks to exclude or limit any rights available under applicable law which cannot be excluded or limited. This means that these terms will not change any rights that the law grants to you, which that law does not allow us to change or limit.
h) A person who is not party to the contract shall have no right under the contracts (Rights of Third Parties) Act 1999 to enforce any term of it, which means that only we and you have rights under it. This does not affect any right or remedy of any person that exists or is available otherwise than under that Act.
i) The Contract is the entire agreement and understanding between us in respect of its subject matter, and will supersede and replace any prior agreements, understandings or arrangements whether written or verbal. We each acknowledge that in entering into the contract, neither of us has relied on any representation or promise given by the other or implied from anything said or written other than as specifically set out in the contract or on the website. If you are uncertain as to your rights under the contract or you want any explanation about them, please write to or email our customer services department at the address set out above.
j) We have a procedure for investigating complaints and for dealing with queries about our website. Please contact us by email at info@masscular.com.