Pendle Sportswear Ltd Terms and Conditions of Sale (“conditions”)
1.1. Engro Sports means Engro Sports Limited (company registration no. 07584466) whose registered office is 1 Little Lane, Ilkley, LS29 8UG.
1.2. “Consumer” means an individual acting for purposes that are wholly or mainly outside his or her trade, business, craft or profession.
1.3 “Contract” means a contract under which Engro Sports agrees to provide Products or Services to the Customer governed by these conditions.
1.4. "Customer" means the person, firm or company buying or agreeing to buy goods and services from Engro Sports.
1.5. "Price Paid" means the price paid by the Customer for the Product
1.6. "Product" means any products supplied to the Customer by Engro Sports.
1.7. "Services" means any services supplied to the Customer by Engro Sports
2.1. These conditions shall govern the purchase of any Products or Services from Engro Sports.
2.2. These conditions shall take precedence over any conditions of the Customer and shall not be varied without the written consent of a director of Engro Sports
3. Prices and Ordering
3.1. Unless otherwise stated all prices are inclusive of value added tax, but exclusive of delivery.
3.2. The price payable by the Customer will be the price current at the date of the order (except in the case of error).
3.3. Notwithstanding Engro Sports acknowledging receipt of the order, acceptance of the Customer’s order and the completion of the Contract between the Customer and Engro Sports will only take place when Engro Sports confirms to the Customer by e-mail or letter that the order has been accepted. Information about the Contract shall be provided in this confirmation.
4.1. Engro Sports may require payment at the same time or at any time from the order being placed, including (for customised orders) before customisation.
4.2 If payment is not received by Engro Sports and the Customer has already received Products the Customer shall return the Products on demand, failing which Engro Sports may collect the Products at the Customer’s expense.
5.1. Any delivery date stated is only an estimate by Engro Sports. No liability will be accepted by Engro Sports for failure to meet a stated delivery date.
5.2 Delivery will take place when delivered to the address provided by the Customer to Engro Sports.
5.3 Unless agreed otherwise between Engro Sports and the Customer Engro Sports will deliver the Products within 30 days, failing which Engro Sports will cancel the Customer’s order and refund the Customer.
5.4 Engro Sports will be entitled to deliver Products in instalments.
5.5. Products supplied by Engro Sports are delivered at the risk of Engro Sports but risk passes to the Customer on delivery.
6.1. If the Customer is a Consumer then the Customer may cancel a Contract at any time before 14 days of delivery of the Products (and where Products are delivered separately, within 14 days of delivery of the last Product delivered).
6.2 To cancel under clause 6.1 the Customer shall inform Engro Sports in writing either sent by post, fax or e-mail before the expiry of the period set out in clause 6.1. The Customer may (but is not required to) use the following form to cancel:
To: Pendle Sportswear Limited, 1 Little Lane, Ilkley, LS29 8UG. E-mail: firstname.lastname@example.org ; Fax: +923211114381
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
6.3 If the Customer cancels a Contract under clause 6.1 Engro Sports will give the Customer a refund of the Price Paid including delivery no later than:
6.3.1 14 days after the day Engro Sports receives back from the Customer any Products supplied, or
6.3.2 (if earlier) 14 days after the day the Customer provides evidence that he has returned the Products, or
6.3.3 if Products were not supplied, 14 days after the day on which the Customer gives notice of cancellation of the Contract
6.4 Where the Customer cancels a Contract under clause 6.1 the Customer shall return the Products without delay and in any event no later than 14 days after the Customer cancels the Contract, in the same condition that the Customer receives them. A post paid return label should be requested.
6.5 If the Customer is not a Consumer or if Products have been customised by Engro Sports to the Customer´s specification or are personalised the right of cancellation under clause 6.1 does not apply.
6.6. If an order is cancelled whilst in production the Price Paid will be refunded less the price of any goods that have already been customised.
6.7. If the Customer wishes to return Products not covered by clause 6.1 then such Products will be accepted at the discretion of Engro Sports. Where Engro Sports agrees to the return the Customer must obtain a Return Form from Engro Sports and enclose this when returning the Products. The Customer will be credited with the Price Paid for the Products only.
7. Nature of Products
7.1 Subject to clause 7.2 Products will:
7.1.1 be of satisfactory quality
7.1.2 be fit for purpose and
7.1.3 match the description, sample or model
7.2 Engro Sports does not warrant that the Products will be free from minor cosmetic imperfections.
7.3 Images of Products on Engro Sports website or catalogue are for illustrative purposes only. The actual colours of the Products may vary slightly from those that are displayed on Engro Sports website or catalogue and there may be other minor differences.
7.4 Where Engro Sports sells Products at discount prices or substandard, these will be identified accordingly.
7.5 The Customer should contact Engro Sports using the contact details on Engro Sports website if he wants Engro Sports to repair or replace any faulty Products or wants to request a refund.
7.6 Where the Customer is not a Consumer and Products are faulty, Engro Sports shall at its option repair or replace the Product, or provide a refund..
7.7 Where the Customer is a Consumer, his rights with regard to faulty goods are in accordance with the Consumer Rights Act 2015.
7.8 Neither this clause or anything in these conditions affects the Customer’s statutory rights, including where the Customer is a Consumer, rights under the Consumer Rights Act 2015.
8. Limitation of Liability
8.1. Except for death or personal injury, Engro Sports liability to a Customer shall be limited to the Price Paid.
8.2. Engro Sports shall not be liable for any consequential indirect or other losses suffered by the Customer or any third party whether such loss arises in contract or tort or in any other way.
9. Uncontrollable Events and Delays
9.1. In case of delays caused by circumstances beyond the control of Engro Sports or its suppliers, Engro Sports shall have the right to either suspend delivery or to cancel the Contract without liability and the Customer has the right to cancel and receive a refund for any product not supplied or customised.
9.2. Examples of Uncontrollable Events are (by way of example and not limited to) strike, lockout, riot, revolution, war, epidemic, working difficulties, transportation difficulties, fire, and failure of suppliers or official regulations.
10. Customers Obligations
10.1. The Customer is responsible for his own choice of Product and the suitability for any particular purpose.
10.2. The Customer must provide reasonable information and co-operation requested by Engro Sports
10.3. All customised orders must be confirmed by phone, email or fax to ensure the style, colour, size and customisation are all correct. If the order value is more than £1,000 confirmation must be in writing. A sample service is provided to aid the Customer in their choice of product.
If any part of these Terms and Conditions are found to be invalid or unenforceable by a court the rest are unaffected.
12. Law and Jurisdiction
Any dispute between Engro Sports and the Customer shall be governed by and construed in accordance with English law and the parties irrevocably submit to the exclusive jurisdiction of the English Courts.