1. OPERATIVE PROVISIONS
1.1 Definitions and Interpretation
In the Agreement the following respective definitions apply:
The written contract comprising the Conditions and the Order
A day (other than a Saturday, Sunday or public holiday) when banks in the city of London are open for business
The terms and conditions (including the Schedule) set out in this document as amended from time to time in accordance with Clause 16.5
The products (or any part of them) described in the Order
A written order placed by you on the Website for the Products
Any event or circumstance beyond our reasonable control, including default by you, insolvency of suppliers, accident, inability to obtain products, licences or services from third party suppliers (despite using best endeavours to obtain), laws and regulations or intervention by any authority of competent jurisdiction, fire, flood or any other disaster, industrial dispute affecting a third party for which a substituting third party is not reasonably available
Value added tax or any similar sales tax
The website operated from www.scienceinsport.com
The date of termination of the Agreement howsoever caused
1.2 In the Agreement (except where the context otherwise requires):
1.2.1 A reference to a "Clause" or " Schedule" is to a clause of or schedule to the Agreement;
1.2.2 Headings are for convenience and shall not affect the interpretation of the Agreement;
1.2.3 Use of the singular includes the plural and vice versa, and use of any gender includes the other genders;
1.2.4 References to "persons" include natural persons, firms, partnerships, companies, corporations, associations, organisations, governments, states, foundations and trusts (in each case whether or not having separate legal personality);
1.2.5 References to legislation are to that legislation as amended, extended or re-enacted from time to time;
1.2.6 "including", "include" and "in particular" shall be interpreted with the words "without limit" after them;
1.2.7 If there is a contradiction between any Clause and the Schedule the former shall take precedence;
1.2.8 References to "writing" or "written" include faxes and email, and "notify" means "serve notice";
1.2.9 References to "you" and "your" are to the person to whom the Products are (or are to be) supplied;
1.2.10 Any reference to an English legal term for any action, remedy, method of judicial proceeding, legal document, legal status, court, official or any legal concept or thing shall, in respect of any jurisdiction other than England, be deemed to include a reference to what most nearly approximates to the English legal term in that jurisdiction;
1.2.11 References to a document are to that document as varied or novated (in each case, other than in breach of the provisions of the Agreement) at any time;
1.2.12 Any obligation on a Party not to do something includes an obligation not to allow that thing to be done;
1.2.13 A "Party" means either party to the Agreement and includes (and the Agreement shall be binding on and inure to the benefit of) the successor(s)-in-title to the whole or a substantial part of its undertaking and its permitted assignees (if any).
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are SIS (Science in Sport Limited) Limited, a private company limited by shares incorporated in England and Wales (company number 2742833) the address of whose registered office is 4th Floor, 16-18 Hatton Garden, Farringdon, London EC1N 8AT, United Kingdom ("we", "us", "our"). Our registered VAT number is 170 1746 25.
2.2 How to contact us. You can contact us by telephoning our customer service team at 0800 0519 100, 9.00am - 6.00pm on Business Days for the UK. For other jurisdictions please refer to the support hours on our website. You can also write to us at email@example.com or at 2nd Floor, 16-18 Hatton Garden, Farringdon, London, EC1N 8AT, United Kingdom.
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 that you provided to us in the Order.
3. OUR AGREEMENT WITH YOU
3.1 Basis of the Agreement. The Conditions apply to the Agreement to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing and you hereby irrevocably waive any right that you might otherwise have to rely on any term endorsed upon, delivered with our contained in any other documents that are inconsistent with these Conditions.
3.2 The Order. The Order constitutes an offer by you to purchase the Products in accordance with the Conditions. You are responsible for ensuring that the terms of the Order are complete and accurate.
3.3 How we will accept the Order. Our acceptance of the Order will take place on dispatch of the Products that are the subject of the Order, at which point the Agreement will come into existence between you and us.
3.4 If we cannot accept the Order. If we are unable to accept the Order, we will notify you of this and will not charge you for the Products. If payment has already been taken we will refund the payment.
3.5 The Order number. We will assign an order number to the Order and tell you what it is when we take payment. It will help us if you can tell us the Order number whenever you contact us about the Order.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the Products on the Website are for illustrative purposes only and are produced for the sole purpose of giving an approximate idea of the Products referred to in them. 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. The images of the Products on the Website shall not form part of the Agreement or have any contractual force.
4.2 Our warranty. We warrant that on delivery the Products shall:
4.2.1 conform with their description on the Website; and
4.2.2 be free from material defects in design, material and workmanship; and
4.2.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
4.3 Product replacement. Subject to Clause 4.4, if:
4.3.1 you give notice to us within a reasonable time of discovery that some or all of the Products do not comply with the warranty set out in Clause 4.2;
4.3.2 we are given a reasonable opportunity to examine such Products; and
4.3.3 you (if asked to do so by us) promptly return such Products to our place of business at your own cost.
4.4 Liability. We shall not be liable for the Products' failure to comply with the warranty set out in Clause 4.2 in any of the following events:
4.4.1 you make any further use of the Products after giving notice in accordance with Clause 4.3;
4.4.2 the defect arises because you failed to follow our oral or written instructions as to the storage, commissioning, use and maintenance of the Products or (if there are none) good trade practice regarding the same;
4.4.3 you alter or repair such Products without our written consent;
4.4.4 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
4.4.5 the Products differ from their description on the Website as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
4.5 Product packaging may vary. The packaging of the Products may vary from that shown in images on the Website.
5. YOUR RIGHT 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 Agreement (see Clause 8 - Your rights to end the Agreement).
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the Products. We may change the Products to reflect changes in relevant laws and regulatory requirements.
6.2 More significant changes to the Products. If we need to make any other changes to the Products, we will notify you and you may then contact us to end the Agreement before the changes take effect and receive a refund for any Products paid for but not received.
7. PROVIDING THE PRODUCTS
7.1 Delivery costs. The costs of delivery will be as displayed to you on the Website.
7.2 When we will provide the Products. We will deliver the Products to you as soon as reasonably possible and in any event within 30 days after the day on which we accepted the Order.
7.3 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 Agreement and receive a refund for any Products that you have paid for but not received.
7.4 If you are not at home when the Products are delivered. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, our delivery partner will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.
7.5 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 Agreement and Clause 10.2 will apply.
7.6 Packaging materials. If we require you to return any packaging materials to us, we will ensure that this is clearly stated on the delivery note. You shall make any such packaging materials available for collection as such times as we may reasonably request. Returns of packaging materials shall be at our own expense.
7.7 Your legal rights if we deliver Products late. You have legal rights if we deliver any Products late. If we miss the delivery deadline for any Products then you may treat the Agreement as at an end straight away if any of the following apply:
7.7.1 we have refused to deliver the Products;
7.7.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
7.7.3 you told us before we accepted the Order that delivery within the delivery deadline was essential.
7.8 Ending the Agreement for late delivery. If you choose to treat the Agreement as at an end for late delivery under Clause 7.8, you can cancel the Order for any of the Products or reject Products that have been delivered. If you wish, you can reject or cancel the Order for some of those Products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled Products and their delivery. If the Products have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 1300975322, 9:00am - 5:00 pm, on Business Days or email us at firstname.lastname@example.org for a return label or to arrange collection.
7.9 When you become responsible for the Products. A Product will be your responsibility from the time we deliver it to the address you gave us or you or a carrier organised by you collect it from us.
7.10 When you own Products. You own a Product once we have dispatched.
7.11 Reasons why we may suspend the supply of Products to you. We may have to suspend the supply of a Product to:
7.11.1 deal with technical problems or make minor technical changes;
7.11.2 update it to reflect changes in relevant laws and regulatory requirements;
7.11.3 make changes to it as requested by you or notified by us to you (see Clause 6).
7.12 Your rights if we suspend the supply of Products. We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. If we have to suspend the Product for longer than 14 days in any 30-day period we will adjust the price so that you do not pay for Products while they are suspended. You may contact us to end the Agreement for a Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the Product in respect of the period after you end the Agreement.
7.13 We may also suspend supply of the Products if you do not pay. If you do not pay us for the Products when you are supposed to (see Clause 12.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products. We will not charge you for the Products during the period for which they are suspended.
8. YOUR RIGHTS TO END THE AGREEMENT
8.1 You can always end the Agreement. Your rights when you end the Agreement 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 Agreement:
8.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the Agreement (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 11.
8.1.2 If you want to end the Agreement because of something we have done or have told you we are going to do,see Clause 8.2.
8.1.3 If you have just changed your mind about the Product, see Clause 8.3. 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 its return;
8.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see Clause 8.7.
8.2 Ending the Agreement because of something we have done or are going to do. If you are ending the Agreement for a reason set out at Clauses 8.2.1 to 8.2.5 below the Agreement 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:
8.2.1 we have told you about an upcoming change to the Product or these terms which you do not agree to (see Clause 6.2);
8.2.2 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;
8.2.3 there is a risk that supply of the Products may be significantly delayed because of events outside our control;
8.2.4 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 14 days; or
8.2.5 you have a legal right to end the Agreement because of something that we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Conditions.
8.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
8.4.1 products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
8.4.2 any products which become mixed inseparably with other items after their delivery.
8.5 How long do I have to change my mind? How long you have depends on how the Order is delivered.
You have 14 days after the day you (or someone you nominate) receives the Products, unless:
8.5.1 They 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 Products.
8.5.2 They are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the Products.
8.6 Ending the Agreement where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see Clause 8.1), you can still end the Agreement before it is completed. The Agreement is completed when the Products are delivered and paid for. If you want to end the Agreement in these circumstances, contact us to let us know. The Agreement will not end until one calendar month after the day on which you contact us. We will refund any advance payment you have made for Products which will not be provided to you. For example, if you tell us you want to end the Agreement on 4 February we will continue to supply the Products until 3 March. We will only charge you for supplying the product up to 3 March and will refund any sums you have paid in advance for the supply of the Products after 3 March.
9. HOW TO END THE AGREEMENT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the Agreement . To end the Agreement with us, please let us know by doing one of the following:
9.1.1 Phone or email. Call customer services on 1300975322 9:00 am - 5:00pm, on Business Days or email us at email@example.com. Please provide your name, home address, details of the Order and, where available, your phone number and email address.
9.1.2 By post. Print off the form at the Schedule and post it to us at the address on the form or write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.2 Returning Products after ending the Agreement. If you end the Agreement for any reason after Products have been dispatched to you or you have received them, you must return them to us. You must either return them by posting them back to us at SiS (Science in Sport) Ltd, The Innovation Centre, 35 Churchill Way, Nelson, BB9 6RT, United Kingdom or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on +44 (0) 8000 519 100, 8:00 am - 8:00pm (GMT), on Business Days or email us at firstname.lastname@example.org for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the Products within 14 days of telling us you wish to end the Agreement.
9.3 When we will pay the costs of return. We will pay the costs of return:
9.3.1 if the Products are faulty or misdescribed;
9.3.2 if you are ending the Agreement because we have told you of an upcoming change to the Products or the Agreement, 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
9.3.3 if you are exercising your right to change your mind.
In all other circumstances you must pay the costs of return.
9.4 What we charge for collection . If you are responsible for the costs of return and we are collecting the Products from you, we will charge you the direct cost to us of collection.
9.5 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.
9.6 Deductions from refunds if you are exercising your right to change your mind.
9.6.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.6.2 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 it delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.7 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:
9.7.1 If we have not offered to collect the Products, a refund will be made within 14 days from the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent them back to us. For information about how to return a Product to us, see Clause 9.2.
9.7.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10. OUR RIGHTS TO END THE AGREEMENT
10.1 We may end the Agreement if you breach it. We may end the Agreement at any time by notice to you if:
10.1.1 you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us; or
10.1.2 you do not, within a reasonable time, allow us access to your premises to supply the services.
10.2 You must compensate us if you breach the Agreement. If we end the Agreement in the situations set out in Clause 10.1 we will refund any money you have paid in advance for Products that 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 Agreement.
10.3 We may withdraw the Product. We may write to you to let you know that we are going to stop providing the Products. We will let you know at least 14 days in advance of our stopping the supply of the Products and will refund any sums you have paid in advance for Products which will not be provided.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 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 +44 (0) 8000 519 100, 8:00 am - 8:00pm (GMT/BST as appropriate) on Business Days or email us at email@example.com. Our customer service team is also available on weekdays between 9am-5pm (GMT/BST as appropriate).
11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with the Agreement. See the box below for a summary of your key legal rights in relation to the Products. Nothing in the Agreement will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
up to 30 days: if your goods are faulty, then you can get an immediate refund.
up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also Clause 8.3.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).