Website Terms For The Supply of Goods
HAMPDEN RETAIL (SFA REFEREE KITS) – WEBSITE TERMS FOR THE SUPPLY OF GOODS
These Terms will apply to any contract between us and you for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our Website. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to within these Terms.
If you agree to and accept these Terms, please tick the tick box beside “I have read and agree to the Terms and Conditions” and proceed through the payment stages to place your order. If you refuse to accept these Terms, you will not be able to order any Products from our Website.
You should print a copy of these Terms or save them to your computer for future reference. We may amend these Terms from time to time in accordance with condition 14.
1 INFORMATION ABOUT US
1.1 The Website is operated by Hampden Park Ltd, a company registered in Scotland (company number: SC200222) whose registered office is at Hampden Park, Glasgow G42 9BA, a wholly owned subsidiary of The Scottish Football Association Limited, a company limited by guarantee and registered in Scotland (company number SC005453) whose registered office is at Hampden Park, Glasgow G42 9BA.
1.2 You can contact us at:
1.2.1 Email: email@example.com
1.2.2 Phone: 0141 616 6139
1.2.3 Post: The Scottish Football Museum Shop, Hampden Park, Glasgow, G42 9BA
1.3 We are under a legal duty to supply Products that are in conformity with the Contract.
2 USE OF OUR WEBSITE
3 HOW WE USE YOUR PERSONAL INFORMATION
We shall use your personal information in accordance with our Privacy and Cookies Policy. Please take the time to read this, as it includes important terms which apply to you.
4.1 You may only purchase Products from our Website if you are at least 16 years old.
4.2 We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us.
4.3 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
5 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 You can place an order for one or more Products on the Website by following our simple online instructions for completing the ordering process. This is done by adding Products to your basket and then clicking on the “Shopping Cart” link (where indicated on the Website).
5.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.3 After you have placed an order, you will receive an e-mail from us acknowledging that we have received your order (“Acknowledgement Email”). The Acknowledgement Email will also contain details of your delivery preference and payment method. If your order is a Pre-order (as defined below), the Acknowledgement Email will contain details of the timeframe for delivery of your Products. It is your responsibility to check the Acknowledgement Email and advise us of any errors or omissions as soon as possible. Please note that completion of the online order process and receipt of the Acknowledgement Email does not mean that your order has been accepted. See condition 5.4 for when the Contract will be deemed to be formed.
5.4 All payments are processed by our payment service provider, Sage Pay. Once your payment has been processed, Sage Pay will send you an email confirming this (“Payment Confirmation”). The Contract between us will only be formed when your payment has been processed and you receive the Payment Confirmation. If your order is a Pre-order (as defined below), your payment details will be taken on order but no payment will be processed until your Products are ready to be dispatched. For the avoidance of doubt, any Contract between us for Pre-orders will only be formed when your Products are ready to be dispatched and we have authorised Sage Pay to process your payment.
6 OUR PRODUCTS
6.1 The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to portray the Products on the Website accurately, slight variations may occur. All Product dimensions are approximate and we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Our Products may vary slightly from those images. It is your responsibility to check that the Product you order is suitable for your requirements.
6.2 The packaging of the Products may vary from that shown on images on our Website.
6.3 All Products shown on our Website are subject to availability. If a Product is marked “out of stock” on our Website you will not be able to place an order. In exceptional circumstances, if a product is not marked “out of stock” but is unavailable, your payment may still be processed and we will contact you to let you know that: (i) the Product is currently unavailable; (ii) there may be a delay in delivering the Product until it is back in stock; and (iii) we will offer you a refund for the Purchase price of the Product and the delivery charges paid.
6.4 Products shown on our Website may be available to order in advance of being in stock (“Pre-orders”). Your payment for any Pre-orders will still be processed in the same way as any other order. We will provide you with a specified timeframe for when you can expect to receive a Pre-order Product on the “Shopping Cart” pages, on the Product details page and in the Acknowledgement Email. The timeframe provided for Pre-orders on the Acknowledgement Email shall be considered an agreed time for delivery.
7 YOUR CANCELLATION AND REFUND RIGHTS
7.1 You have a legal right to cancel the Contract within fourteen (14) days from the date on which you acquire or a third party other than the carrier and indicated by you, acquires physical possession of the Products (the “Cancellation Period”).
7.2 To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement (e.g. a letter sent by post or email). You may use the attached cancellation form, but it is not obligatory. It is sufficient for you to send your communication concerning your exercise of the right to cancel before the Cancellation Period has expired.
7.3 If you cancel the Contract, we will reimburse to you all payment received from you in respect of that Contract, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). Without prejudice to our or your rights in relation to faulty Products under Clause 10, we may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you.
7.4 Sage Pay will refund you on the credit or debit card that you used to pay for the Products not later than the earlier of:
7.4.1 14 days after we receive back from you the Products supplied; or
7.4.2 14 days after the day you provide evidence that you have returned the Products.
7.5 You shall send the Products back to us, as set out in Clause 8, no later than 14 days from the date which you communicate your cancellation from the Contract to us. The deadline is met if you send back the Products before the period of 14 days has expired. You must bear the direct cost for returning the Products unless Products are faulty on delivery to you, as set out in Clause 9.1.
7.6 We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.
8 returning products to us
8.1 You can only return Products to us by post. Please send the Product, along with your proof of purchase, to:
The Scottish Football Museum Shop
8.2 Products must be returned in their original packaging together with all accessories and instructions and any other items included with it.
8.3 In accordance with condition 7.5, you will be responsible for all delivery costs for returning the Products to us, unless Products are faulty on delivery to you.
8.4 You are liable for any diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Products.
8.5 We strongly recommend that you use secure packaging and an insured delivery method such as Royal Mail Special Delivery as the Products will be your responsibility until received by us.
9 Faulty products
9.1 You are entitled to return to us and to receive a full refund for Products which are faulty on delivery, such refund will include all delivery charges.
9.2 Faults in Products caused by accident, neglect, misuse or normal wear and tear will not be: (i) capable of return by you to us and we will have no liability to you in relation to the same; or (ii) covered under the relevant manufacturer’s warranty; in relation to such faults, we do not provide a service whereby we will return the Product to the authorised repair agent to obtain an estimate to repair the Product.
10.1 We offer the following delivery methods as set out below:
10.1.1 For deliveries lower than or equal to 1kg:
Royal Mail First Class - £3.95
Royal Mail Special Delivery - £7.95
10.1.2 For deliveries more than 1kg, but less than 3kg:
Royal Mail First Class - £6.75
Royal Mail Special Delivery - £11.50
10.1.3 For deliveries greater than 3kg, please Contact Us.
10.1.4 All deliveries can be collected, free of charge, from the Scottish Football Museum reception at Hampden Park, Glasgow, G42 9BA.
10.2 You will be charged for delivery of your order depending on the delivery option that you choose.
10.3 We shall use our reasonable efforts to fulfil your order within the estimated timeframe of your chosen delivery preference. If your order is a Pre-order, then we shall use our reasonable efforts to deliver your Products within the timeframe specified on the Website and in your Acknowledgement Email. In any case, the Products shall be delivered at least thirty (30) days after the Contract between us is formed in accordance with condition 5.4.
10.4 Delivery will be completed when we deliver the Products to the address you gave us. If you opt to collect the Products from us in accordance with condition 10.1.4, delivery will be completed on collection.
10.5 The Products will be your responsibility from the completion of delivery.
10.6 You own the Products once we have received payment in full, including all applicable delivery charges.
10.7 Unfortunately, we do not currently deliver to addresses outside Scotland and mainland UK. For the avoidance of doubt, we deliver to the Highlands & Islands at no additional cost.
10.8 You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
11 PRICE OF PRODUCTS AND DELIVERY CHARGES
11.1 The prices of the Products will be as quoted on our Website from time to time. We take reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.
11.2 Prices for our Products may change from time to time, but changes will not affect any order for which payment has been processed and a Payment Confirmation has been received by you.
11.3 The price of Products includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
11.4 The price of Products does not include delivery charges. Our delivery charges are detailed at condition 10.1 above and will be clearly displayed on our Website before you place your order.
11.5 The delivery preference that you chose will be detailed in the Acknowledgement Email and your payment for the delivery charge will be processed as part of the payment for your order.
11.6 If we discover an error in the price of the Products you have ordered we will inform you in writing of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
12 HOW TO PAY
12.1 You can only pay for Products using a debit or credit card. We accept the following cards:
Visa Credit & Debit;
Visa Electron; and
12.2 If you are paying by credit or debit card, payments are subject to the following conditions:
12.2.1 we will not accept liability if payment is refused or declined by the credit / debit card supplier for any reason; and
12.2.2 if the card supplier declines payment, we will inform you that this has occurred and the Contract will be terminated at this point unless we authorise an alternative method of payment.
12.3 Payment for the Products and all applicable delivery charges is required before delivery.
12.4 All payments for orders are processed by our payment service provider, Sage Pay. Sage Pay will also conduct a standard pre-authorisation check to ensure that there are sufficient funds in your account to fulfil payment. Products ordered by you will not be dispatched until this pre-authorisation check has been completed and your payment has been processed.
13 OUR LIABILITY
13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
13.2 We only supply the Products for use at football matches regulated by The Scottish Football Association Limited (including all men, women and youth league and cup matches at grass-roots, junior and professional levels), and for domestic and private use. You agree not to use the Products for any other commercial, business or re-sale purposes. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 We do not in any way exclude or limit our liability for:
13.3.1 death or personal injury caused by our negligence;
13.3.2 fraud or fraudulent misrepresentation;
13.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
13.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); or
13.3.5 defective products under the Consumer Protection Act 1987.
14 OUR RIGHT TO VARY THESE TERMS
14.1 We may revise these Terms from time to time.
14.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
15 EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control (as defined below in condition 15.2).
15.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
15.3.1 we will contact you as soon as reasonably possible to notify you; and
15.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16 COMMUNICATIONS BETWEEN US
16.1 When we refer, in these Terms, to “in writing”, this will include communications by e-mail.
16.2 If you wish to contact us in writing, or if any condition in these Terms requires you to give us notice in writing, you can contact us in accordance with Clause 1. We will confirm receipt of your communication by contacting you in writing, normally by e-mail.
16.3 If we have to contact you or give you notice in writing, we will do so by e-mail to the email address you provide to us in your order.
17 OTHER IMPORTANT TERMS
17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
17.3 The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.4 Each of the conditions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.6 These Terms are governed by Scots law. This means a Contract for the purchase of Products through our Website and any dispute or claim arising out of or in connection with it will be governed by Scots law. You and we both agree to that the courts of Scotland will have non-exclusive jurisdiction.
HAMPDEN RETAIL (SFA REFEREE KITS) – CANCELLATION FORM
To: The Scottish Football Museum Shop, Online Returns, Hampden Park, Glasgow, G42 9BA.
Fax: 0141 620 4001
I/We [*] hereby give notice that I/We[*] cancel my/our [*] contract of sale of the following goods:
Ordered on [*]/received on [*]:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
[*] delete as appropriate