Terms & Conditions of Sale
By ordering from USEDPING.CO.UK you expressly agree to these
terms and conditions Please read them carefully. If you do not
agree to them, do not order any Products from this site.
Ordering a product or service from this site indicates your
acceptance of these terms and conditions
Please note that you may only purchase Products from this site
if you are over 18 and resident in the European Union Countries
we supply a delivery service to.
(1) Definitions and interpretation
In this Agreement, the following definitions shall apply:
“Agreement” means this agreement incorporating any terms set out
in our Second Acknowledgement;
“First Acknowledgement” means the initial automatic email
acknowledgment which we will send to you after receiving your
Order;
“Order” means your order for Products made via the Site;
“Products” means goods which may be purchased by you from the
Site;
“Second Acknowledgement” means the email acknowledgment which we
will send to you (where appropriate) confirming despatch of your
Order; and
“Site” means the website at WWW.USEDPING.CO.UK or any successor
site operated by us from time to time.
(2) This Agreement
The advertising of Products on the Site constitutes an
“invitation to treat”; and your Order for Products constitutes a
contractual offer. No contract comes into force between you and
us unless and until we accept your Order.
In order to enter into this Agreement with us, you will need to
take the following steps: (i) you must add any the Products you
wish to purchase to your shopping cart, and then proceed to the
checkout; (ii) once you are logged in, you must select your
preferred method of delivery and confirm your Order and your
consent to the terms of this Agreement; (iv) you will be
transferred to the checkout providers website, and the checkout
provider will handle your payment; (v) we will then send you the
First Acknowledgment; and (vi) once we have checked whether we
are able to meet your Order, we will either send you the Second
Acknowledgement (at which point this Agreement will become a
binding contract) or we will confirm by email that we are unable
to meet your Order.”]
Please note that we will not file a copy of this Agreement. We
may update the version of this Agreement on the Site from time
to time, and we do not guarantee that the version you have
agreed to will remain accessible. We therefore recommend that
you download, print and retain a copy of this Agreement for your
records.
The only language in which we offer this Agreement is English.
(3) About us
USEDPING.CO.UK is fully owned and operated by IP-EVOLUTION Ltd.
Our full name is IP-EVOLUTION Ltd. Our registered office is
Dallam Court, Dallam Lane, Warrington, Cheshire, WA5 2PJ. Our
company registration number is 5009654. Our email address is
[info@ip-evolution.net].
Our VAT number is: 834531731.
(4) The Products
We offer used golfing equipment and golfing related products and
service.
(5) Price and payment
Prices for Products are quoted on the Site. The Site contains a
large number of Products and it is always possible that some of
the Products listed on the Site may be incorrectly priced. We
will verify prices as part of our sale procedures so that a
Product's correct price will be stated in the Second
Acknowledgement.
In addition to the price of the Products, you will have to pay a
delivery charge, which will be as stated [in the Second
Acknowledgement and when you pay for / order the Product.]
Payment must be made before the First Acknowledgement. We will
withhold the Products and/or terminate this Agreement if the
price is not received from you in full, on time, in cleared
funds.
The prices on the Site include any value added or sales taxes.
Prices for Products are liable to change at any time, but
changes will not affect Agreements which have come into force.
(6) Delivery
We will arrange for the Products to be delivered to the address
for delivery indicated in your Order and our delivery
information page.
Order your PING equipment before 1pm and we'll send it by
courier for next working day delivery.
Orders placed after 1pm on a Friday and all day Saturday &
Sunday will be dispatched on the following Monday for Tuesday
delivery. Deliveries placed before 1pm on Friday will be
dispatched for Monday delivery. We do not deliver on weekends,
public and bank holidays.
If you do not receive your delivery when you expect to please
contact us and we will provide you with a tracking number and
service in order to trace your order.
We will only deliver Products within the European Union
(7) Risk and title
The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you after we receive
full payment of all sums due in respect of the Products
(including delivery charges). If a delivery is not received when
you expect it we must be notified within 7 days following the
expected date of delivery. If a non-delivery notification is not
made within this time the goods are classed as in your ownership
and will be treated accordingly.
(8) Consumer rights – 7 day return policy.
You may cancel this Agreement at any time within 7 working days
after the day you received the Products (subject to the
limitations set out below).
If you cancel this Agreement on this basis, you must inform us
by email and return the Products to us immediately, in the same
condition in which you received them. Products returned by you
within the 7 working day period referred to above will be
refunded in full Delivery / Courier charges will not be
refunded.
If you cancel this Agreement on this basis and you do not return
to the Products to us, we may recover the Products and charge
you for the costs we incur in doing so. Similarly, if you return
the Products at our expense, we may pass that expense on to you.
(9) Defective Products
You may also cancel this Agreement if the Products supplied are
defective.
Products returned by you because of a defect will be refunded in
full (including the cost of sending the Products to you, and the
cost of returning the Products to us). Alternatively, if we and
you agree, we may supply you with a replacement or substitute
Product.
(10) Refunds
If you cancel this Agreement and are entitled to a refund, we
will usually refund any money received from you using the same
method originally used by you to pay for your purchase. We will
process the refund due to you as soon as possible and, in any
event, within 30 days of the day we received your notice of
cancellation.
(11) Warranties
We warrant to you that any Product you purchase through the Site
will be of satisfactory quality.
You warrant to us that: you have full authority, power and
capacity to enter into this Agreement and that all necessary
actions have been taken to enable you to lawfully enter into
this Agreement; you are legally capable of entering into binding
contracts; you are resident in the England or Wales; you are at
least 18 years old; the information provided in the Order is
accurate; and you will be able to accept delivery of the
Products as contemplated in this Agreement.
Subject to the warranties set out in above, to the maximum
extent permitted by applicable law we disclaim all warranties
with respect to the Products, whether express or implied.
(12) Limitations of liability
Nothing in this Agreement shall limit or exclude your or our
liability for: (i) death or personal injury caused by
negligence; (ii) under section 12 of the Sale of Goods Act 1979,
section 2 of the Supply of Goods and Services Act 1982, or
section 2(3) of the Consumer Protection Act 1987; (iii) for
fraud or fraudulent misrepresentation; or (iv) for any matter
for which it would be illegal for to limit or exclude, or
attempt to limit or exclude, liability.
Subject to this: (i) our liability in connection with any
Product purchased through our site is strictly limited to the
higher of the purchase price of the relevant Product and the
replacement cost of the relevant Product; (ii) we accept no
liability for any loss of income or revenue, loss of business,
loss of profits or contracts, loss of anticipated savings, loss
of data, waste of management or office time or for any indirect
or consequential loss or damage of any kind however arising and
whether caused by tort (including negligence), breach of
contract or otherwise, even if foreseeable; and (iii) we will
not be liable or responsible for any failure to perform, or
delay in performance of, any of our obligations under this
Agreement caused by events outside our reasonable control.
(13) General terms
We will treat all your personal information that we collect in
connection with your Order in accordance with the terms of our
Privacy Policy.
This Agreement may only be varied by an instrument in writing
signed by both you and us. We may revise these terms from
time-to-time, but such revisions will not affect the terms of
any Agreement which we have entered into with you.
If any provision of this Agreement is held invalid or
unenforceable by a court of competent jurisdiction, the
remaining provisions of this Agreement shall remain in full
force and effect, and such invalid or unenforceable provisions
or portion thereof shall be deemed omitted.
No waiver of any term, provision, or condition of this
Agreement, whether by conduct or otherwise, in any one or more
instances, will be deemed to be, or be construed as, a further
or continuing waiver of that term, provision or condition or any
other term, provision or condition of this Agreement.
You may not assign, charge, sub-contract or otherwise transfer
this Agreement, or any of your rights or obligations arising
under this Agreement. Any attempt by you to do so shall be null
and void. We may assign, charge, sub-contract or otherwise
transfer this Agreement, or any of our rights or obligations
arising under this Agreement, at any time – providing such
action does not serve to reduce the guarantees benefiting you
under this Agreement.
This Agreement is made for the benefit of the parties to it and
is not intended to benefit, or be enforceable by, any other
person. The right of the parties to terminate, rescind, or agree
any amendment, variation, waiver or settlement under this
Agreement is not subject to the consent of any person who is not
a party to this Agreement.
This Agreement contains the complete agreement between the
parties with respect to the subject matter hereof, and
supersedes all prior or contemporaneous agreements or
understandings, whether oral or written.
This Agreement will be governed by and interpreted in accordance
with the laws of the England, and the English courts shall have
exclusive jurisdiction with respect to any dispute arising under
this Agreement.
These terms are based on a template
created and distributed by www.website-law.co.uk |
