Terms and Conditions
premises as are required to access to the Goods) as is required by us in order to facilitate such recovery.
7. PRICE & PAYMENT
1) Prices may vary to those that appear in our Catalogue or Website. Prices are subject to change, please visit the Website for the latest prices.
2) Prices exclude VAT. 3) Unless otherwise specified, prices exclude delivery costs, which will be added to the total amount due.
4) If you do not have an account with us payment for all Goods must be made in advance by credit or debit card or by cheque.
5) If you have an account with us we may invoice you for the Goods on or at any time after the date we have delivered the Goods to you. The invoice will quote the Order Number. You must pay the invoice in cleared monies within the time specified on the invoice or specified elsewhere by us to you. In any event (and in the absence of any other notification) such time shall be no longer than 30 calendar days from the date of the invoice.
6) If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate specified in the Late Payment of Commercial Debts (Interest) Act 1998 as amended from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount.
7) Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend any other outstanding Order until you have paid the outstanding amounts.
8) Some products within our catalogue and on certain contract accounts are exempt from discounts at our sole discretion, this includes but is not limited to products with exclusive online prices.
8. PRICE MATCH PROMISE
1) In the event that you find a cheaper price for an item that is the same as one of our products in any other current mail order catalogue for business to business purposes, we will match the price subject to the below terms.
2) The Price Match Promise only applies to: a) Orders where you notify us of the cheaper competitor price at the time of placing your Order with us;
b) Competitor prices which are current and made generally available to all business customers;
c) Items sold within the UK by UK based companies; d) Items which are not subject to any special promotional or discounted offers including without limitation using coupons, vouchers, member’s discounts or trade discounts;
e) Items which are in stock and available on the same terms, where the invoice is paid in full and including any warranty;
f) The item itself and not to delivery or any other services.
3) Proof of price must be provided including current published price list, catalogue page or such other proof as we reasonably require. We reserve the right to verify any prices with the vendor.
4) Our Price Match Promise cannot be used in conjunction with any other promotion, discount or offer. Items sold as part of a multi-deal are matched to their individual price.
9. LIMITATION OF LIABILITY
1) We shall only be responsible for losses which are a foreseeable consequence of our failure to comply with these Terms and our total liability to you for all losses arising under or in connection with a Contract whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the price paid or payable for the Goods.
2) We shall not be responsible for indirect losses that you suffer as a result of our failure to comply with these Terms, including, but not limited to, the following categories: a) Loss of income or revenue; b) Loss of business; c) Loss of anticipated savings; d) Loss of data; or e) Any waste of time.
3) This condition does not include or limit in any way our liability for: a) Death or personal injury caused by our negligence; b) Fraud or fraudulent misrepresentation; c) Any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
4) You are responsible for the selection and safe use of any chemicals that you order from us and to the extent that any losses you suffer from such chemicals result from your default, we shall not be responsible.
5) Except for the warranties expressly set out in these Terms we do not make any other warranties or representations with regard to the Goods. To the extent that we not prohibited from doing so by the laws of England and Wales we exclude all warranties which are implied into these Terms whether by legislation or otherwise.
10. EVENTS OUTSIDE OUR CONTROL 1) We will not be liable or responsible for any failure to perform, or delay
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daviessports.co.uk for more online 343
in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (a “Force Majeure Event “).
2) A Force Majeure Event includes any act that is outside of our reasonable control.
3) Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
11. DATA PROTECTION
1) We shall comply with our obligations under the Data protection Act 2018. We may record your calls for quality and training purposes.
12. DISPOSAL OF WASTE ELECTRICAL EQUIPMENT
1) We are committed to promoting the re-use, recycling and recovery of WEEE products by contributing to the VALPAK compliance scheme. WEEE products or packaging will be marked with a crossed out wheelie bin symbol to indicate that the Goods should not be disposed of in general domestic waste but disposed of through an approved WEEE scheme.
2) We do not accept any liability whatsoever for the remote collection, shipping costs or packaging of returned goods. All costs associated with the return of WEEE will be the responsibility of the customer.
13. ASSIGNMENT
1) You may not transfer any of your rights or obligations under these Terms to another person (including a body corporate) without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
14. NOTICES
1) All notices sent by you to us must be sent to Davies Sports at 2 Gregory Street, Hyde, SK14 4TH. We may give notice to you at either the email or postal address you provide to us in the Order. Notice will be deemed received 24 hours after an email is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an email, which the email was sent to the specified email address of the addressee.
15. GENERAL
1) If any of the provisions of these terms are unenforceable, the term will continue to be valid to the fullest extent permitted by law.
2) No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
3) A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
4) These Terms shall be governed by English law and the jurisdiction of the English courts. Please note that we only accept orders from addresses outside the UK on our International Terms which are available on request.
16. THIRD PARTY PROMOTIONS
1) Offers promoted via third party websites including but not limited to Schoolzone, Teach Nursery/Primary, Creative Steps and Day Nurseries are subject to the following additional terms and conditions. Offers can only be used once by customers visiting our website via the third party website unless otherwise stated. One offer only per customer and offer only applicable on your first order unless otherwise stated. No minimum order value applies. No cash alternative is available and offer is not transferable. Offer cannot be used in conjunction with any other offer or discount and is not applicable to certain items or product ranges, sale items or contract pricing. Offers are available for a limited period only. If an item is returned any credits will be issued at the invoice value of the product. We reserve the right to charge full price in respect of any order where it believes that the offer is being used contrary to these terms and conditions.
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