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This is EDGE Performance website terms and conditions.
Please read them carefully before making a purchase via this
website. They do not affect your statutory rights. Your
continued use of this website constitutes your agreement to be
bound by these terms and conditions which will also govern all
transactions on the website to the exclusion of any other terms
and conditions.
EDGE Performance Limited (“EDGE Performance”, “we”, or “us”)
reserves the right to change these terms and conditions from
time to time without prior notice to you and any changes will
take effect on the day they are posted. Any such changes will be
posted on this section of the website and your continued use of
the website constitutes your agreement to be bound by the
prevailing terms and conditions. You will be requested to read
and accept these terms and conditions every time you place an
order. For this reason we encourage you to review them whenever
you use this website to ensure that you are familiar with the
latest terms and conditions. We also recommend to all our
customers to print and retain a copy of the terms and conditions
for future reference.
Before you place an order, if you have any questions
relating to these terms and conditions please contact our
salespersons by e-mail sales@edgeperformance.co.uk or call us on
01252-33188 between 9am and
6.00pm
Monday to Saturday.
PURCHASE OF PRODUCTS
1. Order
1.1 - You place an order on the website by selecting an item
and following the instructions.
1.2 - You will have an opportunity to check and correct any
input error in your order up until you confirm the card payment.
1.3 - After you have submitted your order you will receive a
confirmation e-mail from us. Please note that this e-mail
is an acknowledgement and not acceptance of your order.
1.4 - If you are paying by credit/debit card, we will
authorize your card payment.
1.5 - Once payment has been authorised, and we have
determined the availability of stock we will arrange for the
delivery of the goods to you. Acceptance of your order and the
creation of a legally binding contract between us will only
occur when we send you a second e-mail which contains the
details of how your goods will be delivered to you.
1.6 - We reserve the right to decline all or part of any
order for whatsoever reason and
should this occur we will e-mail you with these details.
1.7 - It is recommended that you retain all e-mails relating
to your order and contract.
1.8 - The details of your specific contract are filed by us.
Should you want any information regarding your order you may
contact us.
2. Payment
2.1 - If you have chosen to pay by Credit/Debit Card,
once your order is received and accepted by us we will process
the payment for your order by way of the card details you have
provided. In the event that there is insufficient stock to
satisfy your order you will be informed as soon as possible. A
refund will be processed through your chosen credit or debit
card used for the payment of the order.
2.2 - We do not operate a ‘cash on delivery’ system.
2.3 - We will advise you if your payment details cannot be
authorized for any reason. We may then invite you to pay by
another method.
2.4 - All prices and charges on this website are quoted in UK pounds. The
price you pay for your order is that price which is displayed on
the website. Prices include VAT unless otherwise stated but
exclude delivery charges. Delivery charges are calculated as
part of the checkout process. If we discover an error in the
price of goods you have ordered we will inform you as soon as
possible and give you an option of reconfirming your order at
the correct price, or cancelling the order. If we are unable to
contact you we will treat the order as cancelled and you will
receive a full refund.
3. Security and Clearing
3.1 - All credit/debit card payments that are made through
our website are protected by a secure connection. This secure
connection ensures that your card details are encrypted prior to
the details being transferred.
4. Delivery of
goods to you
4.1 - We will deliver the goods you have ordered to
the address you give us for delivery at the time you place your
order. We can only deliver to addresses within mainland
UK
and Isle of Wight. We can
deliver to the Channel Islands, Isle of Man,
Scottish Islands, Northern Ireland or the Republic of Ireland by special arrangement.
4.2 - We aim to deliver your goods within the time quoted on
our website when you place your order. If circumstances change,
we will contact you. If, however, it is delayed due to
circumstances beyond our control, then we cannot accept any
liability for consequential loss.
4.3 - You will become the owner of the goods (and be liable
for the loss or destruction of the goods) at the time of
delivery, provided that we have received payment in full for the
goods.
4.4 - All deliveries are signed for. If you are out when our
delivery team arrives, they will normally leave a card with a
contact number for you to call them and arrange a delivery at a
future date. Please note that there may be an additional charge
for this.
5. Unsuitable goods return
5.1 - If you find, after having received the goods, that
they are not suitable for the purpose you had intended we are
happy for you to return them to us for a refund provided the
following conditions are met:-
-
You must notify us of you intention to return the goods
within 30 days from the date of the delivery
-
The goods must be returned undamaged and in a resalable
condition
-
They must be in their original packaging
-
All carriage costs are bourn by you the customer
5.2 - Bespoke or special order goods are not included
6. Cooling Off Period
6.1 - You are entitled to a statutory cooling off period
beginning from the date you placed your order and ending 7
working days after you received the goods. Certain goods are
exempt from this cooling off period, for example items which
have been removed from their sealed packaging in
which they were delivered, and special order or bespoke items
ordered.
6.2 - You must inform us in writing during the cooling off
period that you are cancelling the contract (e-mails are
accepted).
6.3 - If you have not received the goods at the time of
cancellation of the contract, and we have not processed the
goods for delivery, we will refund to you all the monies paid by
you for the goods in question including the delivery charges in
the same form of payment originally used for the purchase as
soon as possible, and in any event within 30 days of the your
cancellation being accepted.
6.4 - If you have not received the goods at the time of
cancellation of the contract, but we have processed the goods
for delivery, and they are en route, you must not unpack the
goods when they are received by you. You are the owner of the
goods once they have been delivered to you and you are liable
for their loss or destruction. The goods must be returned to us
as soon as possible. We will refund to you all the monies paid
by you for the goods in question, excluding the cost of
collection of the goods, in the same form of payment originally
used for the purchase, as soon as possible and in any event
within 30 days of your cancellation being accepted.
6.5 - If you have received the goods at the time of
cancellation of the contract the goods must be returned to us as
soon as possible. You are the owner of the goods once they have
been delivered to you and you are liable for their loss or
destruction. The goods must be returned to us as soon as
possible. We will refund to you all the monies paid by you for
the goods in question, excluding the cost of collection of the
goods, in the same form of payment originally used for the
purchase as soon as possible, and in any event within 30 days of
your order being accepted, PROVIDED THAT the goods are returned
by you and received by us in the condition that they were in
when delivered to you.
6.6 - If you do not return the goods to us we shall be
entitled to deduct the direct costs of recovering the goods from
the amount to be refunded to you.
7. Damaged or Defective Goods
7.1 - Every effort will be made to ensure that the goods you
have ordered arrive undamaged and without defect.
7.2 - If the goods are found to be either damaged or
defective in any way at the time of delivery, you must contact
us immediately. If damage is discovered after delivery, you must
contact us within 7 days of delivery of the goods.
7.3 - If the goods are damaged, and we are unable to repair
the item to manufacturing standards, we will send a replacement
item upon confirmation that the damaged item has been returned
to us.
7.4 - If the goods are found to be defective we will refund
all monies paid by you for the goods in question (including the
delivery charges) together with any return delivery charges you
may have reasonably incurred if you have undertaken to return
the items yourself, in the same form of payment originally used
for the purchase as soon as possible.
8. Cancellation by Us
8.1 - We reserve the right not to accept any order request
if:
8.1.a - there is insufficient stock to deliver the goods you
have ordered;
8.1.b - we do not deliver to your area;
8.1.c - one or more of the goods ordered was incorrectly
described or priced on the website;
8.1.d - the payment
transaction is not authorized; or
8.1.e - you have not
complied with the provisions of paragraph 12 of these terms and
conditions.
8.2 If we do cancel your contract we will notify you by
e-mail and will refund to you any sum paid by you to us in
respect of the contract as soon as possible, and in any event
within 30 days of the cancellation of your order. We will not be
obliged to offer any additional compensation for disappointment
suffered.
9. Stock Levels
9.1 - As far as reasonably possible all products featured to
buy on the website are either in stock and available at the time
of ordering, or are produced to order with the anticipated
lead-time published on site.
9.2 - If any item is out of stock we will notify you and
proceed in terms of paragraph 2.1 or 2.2 as appropriate.
10. Unforeseen Circumstances
While every effort is made to meet our customers’ demands,
cancellations or variations may be necessary as a result of an
Act of God, war, strike, lockout, labour dispute, fire, flood,
drought, or other causes beyond our reasonable control.
11. Complaints and Remarks
11.a - If you have a complaint or a particular remark to
make please do not hesitate to contact us immediately by
telephone or e-mail, the details of which are contained under
the “Contact Us” page.
11.b - Any complaint will be dealt with fairly, effectively
and confidentially. Your statutory rights as a consumer are
unaffected.
12. Contractual Capacity
12.1 - In order to be eligible to enter into a contract with
us to purchase goods through the website you must:-
12.1.a - Provide the required information including your
real name, payment details including your card address; your
delivery address if different from your card address; e-mail
address and telephone number;
12.1.b - Be over the age of 18.
13. Invalidity
If any part of these terms and conditions is unenforceable
(including any provision in which we exclude our liability to
you) the enforceability of any other part of these terms and
conditions will not be affected.
14. Law
These terms and conditions shall be governed by and
construed in accordance with English law and you hereby agree to
be subject to the jurisdiction of the Courts of England and Wales. All contracts are concluded
in English.
15. Data Protection and Privacy
Information you provide to us remains confidential. We are
committed to protecting your privacy. We will only use the
information that we collect about you lawfully and in accordance
with the Data Protection Act 1998. We collect information about
you for two reasons: firstly, to process your order and,
secondly, to provide you with the best possible service. You
specifically authorise us to transmit information to or to
obtain information about you from third parties (including, but
not limited to, your debit or credit card number), to
authenticate your identity, to validate your debit or credit
card and to authorise the transaction. You acknowledge that you
consent to the processing of such information. Should you wish
to contact us regarding our Privacy Policy please do so (for
details see the “contact us” page of the Website).
16. Entire Agreement
16.1 - These terms and conditions together with our current
website prices, delivery details, contact details and Privacy
Policy set out the whole of our agreement relating to the supply
of goods to you by us.
16.2 - Nothing said by any salesperson on our behalf should
be understood as a variation of these terms and conditions or as
an authorized representation about the nature or quality of any
goods offered for sale by us.
16.3 - Save for fraud or fraudulent misrepresentation, we
shall have no liability for any such representation being untrue
or misleading.
INTELLECTUAL PROPERTY
RIGHTS
The content of this Website is © EDGE Performance Limited
2008 (or its third party licensors). You acknowledge and agree
that all copyright, trademarks and all other intellectual
property rights in all material or content supplied as part of
the Website shall remain at all times vested in us (or our
licensors). You may not copy, reproduce, change, modify,
license, transmit or sell any material or content contained
herein and you are permitted to use this material only as
expressly authorised by us (or our licensors).
DISCLAIMER
EDGE Performance is providing this Website on an “as is”
basis and makes no representations or warranties of any kind,
whether express or implied, in relation to this Website, or its
contents and disclaims all such representations and warranties.
In addition, EDGE Performance makes no representations or
warranties about the accuracy, completeness, or suitability for
any purpose of the information on this Website. The information
contained in this Website may contain technical inaccuracies or
typographical errors. All liability of EDGE Performance
howsoever arising for any such inaccuracies or errors is
expressly excluded to the fullest extent permitted by law.
Neither EDGE Performance nor any of its directors, employees
or other representatives will be liable for loss or damage
arising out of or in connection with the use of this Website.
This is a comprehensive limitation of liability that applies to
all damages of any kind, including (without limitation)
compensatory, direct, indirect or consequential damages, loss of
data, income or profit, loss of or damage to property and claims
of third parties.
EDGE Performance accepts no liability for any information or
content contained in external third party websites which link to
or from this Website.
Notwithstanding the a foregoing, none of these exclusions
and limitations are intended to limit any rights you may have as
a consumer under local or other statutory rights which may not
be excluded nor in any way to exclude or limit our liability to
you for death or personal injury resulting from our negligence
or that of employees and/or agents.
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