Sportplan Terms and Conditions of Sale

General Terms and Conditions

1. The owner of this site is Sportplan Limited whose registered address is The White Cottage, 19 West Street, Epsom, Surrey, KT18 7BS ('Sportplan' / 'we' / 'us' / 'our'), registration number 04002708.
2. All postal correspondence should be addressed to Sportplan Limited, Cornelius House, 33 Boltro Road, Haywards Heath, West Sussex, RH16 1BP.
3. Your contract for purchases made through this site is with Sportplan.
4. You must be at least eighteen years old to use this site. If you are under eighteen then you may only use this site under the supervision of a parent or legal guardian. If you are under eighteen and not supervised by a parent or legal guardian then you are not permitted to purchase goods from Sportplan using this site.
5. You agree that e-mail can be used as the primary means of communication and that such electronic communication is deemed to be in writing.
6. We will treat each order for goods as an offer by you to purchase the goods subject to these Terms and Conditions. No contract will exist between you and Sportplan unless and until Sportplan sends an e-mail confirming that it has received payment in full for all of the goods you have ordered. Acceptance by Sportplan will be deemed for all purposes to have been effectively communicated to you at the time Sportplan sends the confirmation e-mail to you (whether or not you receive the e-mail).
7. We reserve the right to decline you order for any reason whatsoever and to refuse bulk orders beyond our capacity.
8. The confirmation e-mail will contain a link to these Terms and Conditions, and may be amended from time to time.
9. You are obliged to check the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.
10. Sportplan will not pass on your personal or credit card or debit card details to any third party. We shall be entitled to process your data in accordance with the terms or our Privacy Policy.
11. You undertake that all details you provide to Sportplan for the purpose of ordering or purchasing goods are correct, that the credit card or debit card that you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
12. If there are any changes to these details supplied it is your responsibility to inform Sportplan immediately.
13. Except in accordance with these Terms and Conditions, all purchases are non-exchangeable, non-returnable and non-refundable.
14. You may cancel your order at any time prior to your order being processed by clicking the appropriate 'Cancel' button on the order page.
15. You may cancel your order following processing by sending an e-mail to orders@sportplan.com or by post to Sportplan Ltd., Cornelius House, 33 Boltro Road, Haywards Heath, West Sussex, RH16 1BP or by telephoning 01444 444 777 weekdays between 9 am and 5 pm, excluding bank holidays.
16. You may cancel at any time after your order has been dispatched and you have received the confirmatory order but no later than 7 days after you receive the goods by:
    1. sending the notice of cancellation to orders@sportplan.com ensuring that you quote your name, address (billing and delivery if different) and order reference number; or
    2. where you have already received the goods, by returning the goods to Sportplan in their original packaging together with the original invoice.
17. Once Sportplan receive notification from you that you wish to cancel the contract in accordance with these Terms and Conditions any sum debited to Sportplan from your credit card or debit card for those goods ordered will be credited to the same credit card or debit card as soon practicable in any event within 30 days of Sportplan receiving notice from you that you with to cancel the contract provided that the goods are returned to Sportplan in the condition that they were in when they were delivered to you. You will be liable for any charges incurred in returning the goods to Sportplan.
18. Sportplan may at its absolute discretion make a 15 % deduction from the sum credited to your account for any goods not returned in the condition that they were delivered to you or to refuse to accept such goods.
19. If goods delivered to you are damaged or defective or are of a different quantity to that stated in you order you must contact us within 5 business days of receiving the goods by e-mail at orders@sportplan.com or by post or by telephoning 01444 444 777. Failure to inform Sportplan within 5 business days of receipt of the goods will invalidate any claim that you may have for damaged or defective goods. Nothing in this clause effects your statutory rights.
20. On informing Sportplan of the damaged goods Sportplan will arrange collection of these goods from you. If the goods are found to be damaged then Sportplan will replace the goods at no charge to you or refund you in full for the damaged goods.
21. If the goods returned under clauses 19 and 20 are found to be in full working order then the goods collected from you will be returned to you. An administration fee of 15 % of the cost of the goods along with the cost of carriage shall be charged to you.

Liability


22. This section applies only to the extent permitted by law. Sportplan do not exclude any liability for (a) personal injury (including sickness and death) where such injury results from Sportplan's negligence or wilful default, or that of Sportplan's employees, agents or subcontractors; or (b) fraudulent misrepresentation.
23. Except as set out in this section, Sportplan does not accept liability for any errors or omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.
24. If for any reason there is an error in the price of goods that you have ordered we will inform you as soon as possible. In the event that you order an item and the price published on the site is incorrect we shall contact you and confirm whether you wish to proceed with purchasing the item at the correct price. Sportplan is under no obligation to fulfil an order published on the site at an incorrect price. Should you wish to cancel the order in accordance with this clause, Sportplan will refund the purchase price in accordance with these Terms and Conditions.
25. Sportplan will use its best endeavours to correct any errors or omissions as soon as practicable following notification of them.
26. To the fullest extent permitted by law Sportplan is providing this site and its contents on an 'as is' basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this site or the information, content, materials or products included in this site including, without limitation, warranties of merchantability and fitness for purpose. In addition Sportplan does not represent or warrant that the information accessible via this site is accurate, complete or current.
27. Liability under these Terms and Conditions for you and Sportplan is only to the extent that losses are a reasonably foreseeable consequence of the relevant breach of contract.

Order Processing


28. Credit card and debit cards are debited when the order is placed on the site.
29. All prices stated on the site are exclusive of VAT unless stated otherwise and are subject to a delivery charge which will be notified to you before confirming your order.
30. The contract shall be deemed to be performed in England and Wales and will be governed by the laws of England and Wales. Any dispute will be resolved exclusively in the courts of England and Wales.
31. Should any change in law by any competent authority result in performance of the contract becoming illegal, the contract will be deemed to be terminated and any monies already paid by you shall be fully refundable and any items delivered shall be returnable to Sportplan, carriage costs to be split equally between the Sportplan and you.
32. We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. If you have a complaint contact us by e-mail at orders@sportplan.com or by post or by telephoning 01444 444 777.
33. Sportplan will ship orders as soon as possible when processed. Your order may be delayed if the item is not in stock with our suppliers. You will be notified if this is the case. The status of your order can be confirmed by contacting us at orders@sportplan.com.

Delivery / Title / Risk


34. Goods will be sent to the delivery address provided by you when you place your order as stated in the Order Confirmation e-mail.
35. If your order is comprised of multiple deliveries you may cancel the entire order if subsequent instalments comprising your order are not delivered to you.
36. Title in any product ordered by you will pass to you once payment has been received in full by Sportplan for that product.
37. Risk in any product ordered will pass upon delivery to you.
38. Sportplan will not deliver to any address outside of the United Kingdom.

Miscellaneous


39. Sportplan shall not owe you any liability for any delay in the delivery of goods ordered or any other matters to the extent that the delay is due to any event outside of our reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
40. We shall have no liability including liability for negligence for the acts or omissions of telecommunications service providers or for failures of or faults in their networks or equipment.
41. No waiver by us of any breach of these Terms and Conditions shall be considered as a waiver of any subsequent breach of the same or any other provision.
42. You may not permit, create unauthorised framing of, or deep linking to, the site or the creation of derivative works thereof from any other website under your management or control.
43. All Intellectual Property (patents, copyright, design rights, trademarks and goodwill) associated with the site are owned entirely by Sportplan.
44. It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. Your information may be passed on to any legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.
45. Sportplan reserves the right to terminate your access to the site immediately and without notice if:
    1. you fail to make any due payment;
    2. you breach the Terms and Conditions, repeatedly or otherwise;
    3. you fail to provide us within a reasonable time any information reasonably requested by us concerning the validity of information provided by you; or
    4. we have reason to suspect that you have or are about to engage in any fraudulent or illegal activity on the site.
46. Sportplan reserves the right to amend any of the Terms and Conditions from time to time. Any such modification will be notified on the Sportplan Shop home page www.sportplan.com/shop. The new Terms and Conditions will be effective immediately for newly registered users and effective 30 days following posting of the new Terms and Conditions on our website. Acceptance of revised Terms and Conditions is deemed from continued use of the site.
47. These Terms and Conditions supersede any and all other conditions, understandings, commitments , agreements and representations (except fraudulent misrepresentations) relating to your purchase, oral or written, and contain the entire agreement between Sportplan and you relating to your purchase. You should print off and keep a copy of these Terms and Conditions once your order has been accepted by us. You are responsible for fully reading all of the information on the site.
48. If any provisions of these Terms and Conditions are held by any competent authority to be invalid or unenforceable in whole or part, the validity of the remaining parts of these Terms and Conditions and the remainder of the affected provision shall be unaffected.
49. These Terms and Conditions are subject to the laws and exclusive jurisdiction of England and Wales.