TERMS OF SALE
Please read these terms of sale carefully.
You must expressly agree to these terms of sale when you place an order for products from our website.
In these terms of sale, “we” means Martial Arts Kit Limited (“us” and “our” will be construed accordingly); and “you” means our customer or our potential customer for products and /or services (“your” will be construed accordingly).
The advertising of products on our website does not constitute an offer, it constitutes an “invitation to treat”. This is not the same as an offer. When you submit an order for our products and/or services, that order constitutes a contractual offer. No contract will come into force between you and us, unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps:
- you must add the products you wish to purchase to your shopping cart and, when you have selected all of the items you wish to buy, you must proceed to the checkout;
- if you are a new customer, you must either create an account with us and log in or you may opt to complete your order as a guest; if you are an existing customer who has an account with us, you must enter your login details;
- once you are logged in, you must select your preferred method of delivery and confirm your order, the total cost and your consent to these terms of sale;
- you will then be asked for your selected method of payment, and your payment details;
- we will then send you an email containing your initial order acknowledgement; then
- once we have checked that we are able to meet your order, we will either send you another email containing an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order. Should this happen, we will always endeavour to tell you why.
We will not file a copy of these terms of sale specifically in relation to your order. These terms of sale relate to all purchases made through our website. We may choose to update the version of these terms of sale on the website from time to time, and should this happen we cannot and do not guarantee that the version you have agreed to will remain accessible after any changes in the terms of sale have been published on the website. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
The only language in which we are able to provide these terms of sale is English.
Before you place your order, you will have the opportunity of checking to see if you have made any input errors by viewing the checkout page. You will be able to correct any input errors before placing your order by changing the details entered on the checkout page or by changing the products in the shopping basket.
Our product range includes martial arts clothing, equipment, weapons and accessories. It also includes sport and fitness clothing and equipment. It also includes medical aids, and injury supports.
Price and payment
Prices for each of the products for sale are quoted on our website next to the appropriate item. Please bear in mind that the website contains a large number of products and it is always possible that some of the prices on the website may be incorrectly shown. We will verify the prices as part of our sale procedures so that a product’s correct price will be stated when you pay for it.
In addition to the price of the products, you may have to pay a charge for delivery, which will be shown when you pay for the product.
Payment must be made upon the submission of your order. We may withhold the products ordered and/or cancel the contract between us if the payment for the goods you have ordered is not received from you in full, in cleared funds prior to dispatch.
The prices on the website include all value added taxes, where applicable.
Payment for all products must be made by credit / debit card or by PayPal.
Prices for products are liable to change at any time, but changes will not affect contracts which have already come into force.
If you have a dispute regarding any payment made to us you must contact us immediately and provide full details of your claim. If you submit an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of the charge-back:
- an amount equal to the amount of the charge-back;
- all third party expenses incurred by us in relation to the charge-back (include charges made by our or your bank or payment processor or card issuer);
- an administration fee of £10.00 (including VAT); and
- all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this paragraph (including without limitation legal fees and debt collection fees).
Without prejudice to our other rights, if you submit an unjustified credit card, debit card or other charge-back, then we may terminate any contracts between you and us under these terms of sale by giving you written notice of termination.
For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back.
You warrant to us that:
- you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
- the information provided in your order is accurate and complete;
- you will be able to accept delivery of the products;
- you are at least 18 years of age when purchasing any age restricted weapons, which will include but may not be limited to weapons.
We will arrange for the products to be delivered to the address for delivery indicated in your order.
We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within 7 days of the date of our order confirmation. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days of the later of receipt of payment and the date of our order confirmation.
Risk and ownership
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
- delivery of the products;
- receipt by us of full payment of all sums due in respect of the products (including delivery charges).
We will be entitled to recover payment for the products even where ownership has not passed to you.
“Cooling off” period
Under the Distance Selling Regulations, you may cancel a distance contract to purchase a product or products from us at any time within 7 working days after the day you received the relevant products or products (subject to the limitations set out below).
In order to cancel a contract in this way, you must give to us written notice of cancellation.
You will not have any such right where the contract between us relates to:
- the supply of CDs, DVDs, software or any other form of audio or video recordings where the seal of the wrapping has been broken;
- the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control;
- the supply of newspapers, periodicals or magazines;
- underwear, or any item intended to be worn directly in contact with the intimate areas, or earrings;
- tailor-made or personalised goods or goods otherwise made or altered to your specifications; or
- perishable and other items that deteriorate rapidly including but not limited to food and flowers
If you cancel a contract on this basis, you must promptly return the products to us, in the same condition in which you received them, with the wrapping/ covering intact and in the same, sellable condition as they were sent to you.
If you cancel a contract on this basis, you will be refunded in full (including the cost of sending the products to you). You will, however, be responsible for the cost of sending the goods or items back to us.
If you cancel a contract on this basis and you do not return the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass that expense on to you.
Wholesale or trade customers are not entitled to monetary refunds and will be reimbursed in the form of a credit note as mentioned in the Refunds section. All other entitlements are identical to the above.
Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
Refunds and exchanges
If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation, providing the goods have been returned in the condition as stated above.
Wholesale or trade customers are not entitled to monetary refunds and will be reimbursed in the form of a credit note as mentioned below. All other entitlements are identical to the above.
Wholesale and trade customers should be aware that Martial Arts Kit Limited do not offer a Sale or Return facility.
In the event of any alterations needing to be made to an item or items by the recipient and/or a third party working on behalf of the recipient, (this includes alterations to size, colour and any embroidery or similar customisation), please ensure that the correct item/s have been received, in a satisfactory condition, prior to any work being carried out. Failure to do so will prohibit the item/s in question being accepted for an exchange or a refund.
Exchanges will be permitted within 7 days following the receipt of the item providing the following conditions are met:
- The goods have not been worn, washed, embroidered, altered, printed or soiled.
- The goods have not been used for any purpose
- The goods were not supplied with bespoke or individual customisations
- The goods are in their original packaging which must not have been damaged, defaced or otherwise altered
We cannot accept returns of groin guards, chest guards, cups, compression wear, mouth guards or supports unless faulty.
Should you need to return or exchange a product please contact us before returning your goods for a returns reference number. We reserve the right to return your goods to you, and charge for the postage, should you not obtain a returns reference number prior to returning your good.
Where goods have been exchanged, we will normally pay postage for sending the alternative item. This can only be done once and if the goods are exchanged two or more times you will be expected to pay postage from the second exchange onward.
Gift Vouchers and Credit Notes
Credit Notes have an expiry date of six months after the date of issue and do not have any redeemable cash value.
Gift vouchers also have an expiry date, which is given with each voucher. In any event, no gift voucher will have an expiry date greater than six months from the date of issue.
Limitations and exclusions of liability
Nothing in the terms of sale will:
- limit or exclude the liability of a party for death or personal injury resulting from negligence;
- limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party;
- limit or exclude any liability of a party under Section 12, 13, 14 or 15 of the Sale of Goods Act 1979 or Part I of the Consumer Protection Act 1987;
- limit any liability of a party in any way that is not permitted under applicable law; or
- exclude any liability of a party that may not be excluded under applicable law.
Any statutory rights which you have as a consumer, which cannot be excluded or limited, will not be affected by the terms of sale.
The limitations and exclusions of liability set out in this Section and elsewhere in the terms of sale:
- are subject to the preceding paragraph; and
- govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control.
We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will render any contract null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section “Limitations and exclusions of liability” : these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
Our full name is Martial arts Kit Limited
Our registered office is Lonsdale Marsh, Orleans House, Edmund Street, Liverpool, L3 9NG
Our company registration number is 09438851.
Our email address is email@example.com