IMPORTANT: Please read the wording of this Agreement carefully as it contains the terms and conditions ("the Conditions") upon which MDGSPORTS Limited of MDG Sports, The Quay, Poole, Dorset, BH15 1HF ("Us"/"We"/"Our") contracts with You as a consumer NOT dealing in the course of a business ("You"/"Your"/"Yourself") for the sale or the supply of goods and services ("Goods") in accordance with the Conditions. All orders are accepted by Us and are subject to the following Conditions:
1.1 You may make an order via Our website. 1.2 All orders which are accepted by Us shall be subject to these Conditions and no contract shall be deemed to be in place until We have accepted Your order. An order is not accepted until we have verified that your order can be fulfilled from stock and then dispatched. Any e-mail, on-screen receipt or other acknowledgement of Your order is merely to report that Your request has been received and does not in any way denote acceptance of Your order regardless of any wording on the e-mail or the receipt. We reserve the right, at any time prior to acceptance, to refuse any order or any part of an order, or to require further or better information to enable Us to evaluate and/or process the order. If You wish to cancel Your order or return Goods please see Our cancellation and returns terms below. 1.3 You will be advised if an item is out of stock. You may be offered an alternative product if one is available or You may cancel Your order.
2.1 All prices are quoted in pounds Sterling and do not include cost of delivery and packaging. 2.2 Payment shall be made at the time that the order is placed. Payment may be made by major credit card and debit cards, using PayPal. Goods will not be dispatched until We are in receipt of cleared funds. 2.3 Prices quoted are inclusive of VAT and are current at the time of publishing. While every endeavor will be made to maintain them at their present low level We reserve the right to effect changes without prior notice. Prices will be as confirmed by Us when Your Order is confirmed. 2.4 We reserve the right at any time to correct clerical omissions and errors without any liability on Our part.
3.1 Ownership of the Goods delivered or to be delivered by Us will only be transferred to You when the Goods have been delivered to You and We have received cash or cleared funds in full payment of all sums owing to Us in respect of the Goods and in respect of any other agreements between You or Us.
4.1 For mainland UK mainland delivery will normally be made within 4 business days after the order is accepted Monday to Friday and We will normally dispatch Goods by first class post or courier to mainland UK excluding any area separated by water from the mainland (delivery to Northern Ireland may take longer). You can request Next Working Day delivery or Saturday Delivery. Please see our Shipping Information. 4.2 Freight and insurance for deliveries outside mainland UK (excluding any area separated by water from the mainland) is charged extra at cost. Please see Our delivery charges as revised from time to time on Our website. If the Goods are subject to import duties and/or taxes for overseas orders, these costs will be solely borne by You. 4.3 Time for delivery shall not be of the essence. We shall use reasonable endeavors to deliver by the date specified but We shall be under no liability whatsoever for delay in delivery or the consequence thereof however caused or non delivery of Goods. We will take reasonable steps to notify You within 14 days of order confirmation if Goods will not be shipped as ordered. 4.4 When Goods are delivered to You, You should carefully check the documentation to ensure that the number and contents of the packages due to be delivered corresponds to the number and contents of packages received. 4.5 If You believe that there are shortages in the number of Goods contained in the packages or if any damage has occurred to the Goods in transit, You must report these to Us within two working days of receipt of the Goods and this must be confirmed in writing and any damaged Goods returned to Us.
5.1 While every effort has been made to portray items accurately on Our website and other advertising materials, slight variations may occur. 5.2 All measurements quoted are approximate and the reproduction of colours is as accurate as photographic and publishing processes will reasonably allow. 5.3 Please note there may be variations in colours dependant on the calibration and settings of individual screens/prints.
6.1 Subject to Conditions 6.3 and 6.4 below and save as otherwise expressly provided in these Conditions, all warranties, Conditions or other terms whether express or implied by statute or common law or otherwise are excluded or limited to the fullest extent permitted by law. 6.2 Subject to Conditions 6.3 and 6.4 and to the full extent permitted by law We exclude all liability for any loss, damage or expense howsoever suffered or incurred by You as the direct or indirect result of the Goods either not being of satisfactory or merchantable quality, or fit for any purpose, or conforming to any description and You hereby irrevocably waive all rights and/or remedies (if any) which You may have or have had in respect of such loss, damage or expense and/or in respect of any breach or default of any warranty implied by statute, equity or common law concerning the quality, fitness or description of the Goods. We shall not be liable for incidental or consequential damages for any breach hereof. 6.3 Conditions 6.1 and 6.2 do not apply where You deal as a consumer to the extent that such exclusions or limitations are not permitted by law. 6.4 Nothing in these Conditions shall limit Our liability in respect of death or personal injury caused by Our own negligence. 6.5 Save where expressly provided otherwise in these Conditions, subject to condition 6.4 Our entire liability under or in connection with: 6.5.1 any order or the Goods shall not exceed the price of the Goods.
7.1 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or part the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected. 7.2 We shall not be liable to You for any delay or failure to perform any of Our obligations hereunder which is due to causes or circumstances beyond Our reasonable control, including (without limitation) acts of civil or military authority, national emergencies, fire or flood, strikes, lock-outs and other industrial disputes, acts of God, war or riots, actions or omissions of third parties. 7.3 This Agreement including the order is the complete and exclusive statement of the contractual relationship between the parties, which supersedes all prior proposals, understandings, agreements, or representations between the parties relating to this Agreement except in respect of any fraudulent misrepresentation made by either party. 7.4 We reserve the right to randomly monitor and record Our inbound and outbound calls. 7.5 No delay, neglect or forbearance on Our part in enforcing its rights against You shall be construed as a waiver or in any way prejudice any of Our rights hereunder. 7.6 Except for Our affiliates, directors, employees or representatives, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act. 7.7 This Agreement shall be governed by and construed in accordance with the laws of England and Wales whose courts shall have non-exclusive jurisdiction in connection with any dispute arising out of or in connection with it and to which jurisdiction You irrevocably submit.
8 Head Products
We will not sell Head products to any other retailers in order for them to resell the Head products.