Conditions of Use
Terms & Conditions
PLEASE READ OUR TERMS AND CONDITIONS CAREFULLY WHICH GOVERN ALL PURCHASES OF GOODS FROM THIS WEBSITE
1.1 Unless expressly stated otherwise the following definition shall apply to the terms used in these terms and conditions:-
“Goods” means any sports equipment, clothing and accessories, or any other item supplied by us to you;
1.2 These terms and conditions shall apply to all provision of Goods provided and cannot be varied save in writing by us. In the event of conflict between these terms and conditions and any other terms and conditions, these terms and conditions shall prevail unless expressly agreed to the contrary by us in writing.
1.3 These terms and conditions are governed by English law. You agree to submit to the non-exclusive jurisdiction of the courts of England and Wales.
Thomas & Anca would like to take this opportunity to assure you, our valued customer, that we are 100% committed to protecting your privacy and security.
Your Personal Information:
In order to process your order and to provide you with the best possible level of service, we need to collect some necessary information about you. However, we only use the information we collect about you in accordance with the Data Protection Act 1999.
Thomas & Anca will never collect sensitive information about you without your explicit consent.
The information we collect about you includes:
- Your name
- Your address
- Your e-mail address
- Your telephone number
- Your credit / debit card details
- Your order history and profile
Thomas & Anca will not, under any circumstances, pass any of the information we have collected about you onto any third party. Our commitment to customer service ensures that all personal information is held securely, in accordance with both our internal security policy and the UK Data Protection Act 1998, to ensure that no other party is able to view your details.
2.1 The nature of this website (“Site”) means that we will obtain, use and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our Use of Data on this Site. By registering to use the Site you agree to this Use.
2.2 When ordering goods you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of our products and otherwise for the normal use and improvement of our Site.
2.3 We may also use the Data in response to surveys and to aggregate user profiles.
If you wish to check the information that we hold about you, you can do this at any time by contacting us. If any of the information we hold is inaccurate we will delete or correct it immediately. Our security procedures mean that we may request proof of identity before we are able to disclose sensitive information to you.
2.4 To enable us to monitor and improve our Site, it gathers certain aggregated information about you when you use it, including details of your operating system, browser version, domain name and IP address, the URL you come from and got to and the parts of the Site you visit.
Thomas & Anca does not endorse “spam” mail – we know how annoying this is! Although we will email you to confirm your order, we promise not to email you in the future unless you have given us your consent and we will of course give you the opportunity to refuse any marketing email from us.
4 Cookies on Your Browser:
In order to continually improve our service, Thomas & Anca uses technology to track the patterns of behaviour of visitors to our site. This can include a “cookie” that is stored on your internet browser. The information collected in this way can be used to identify you when you return to our website and therefore to provide a more personalised shopping experience.
4.2 The Site may link to other web sites and we are not responsible for their data policies or procedures or their content.
4.3 We endeavour to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose online. You accept the inherent security implications of being and transacting online over the Internet and will not hold us responsible for any breach of security unless we have been negligent or in wilful default.
Please Note: If you contact us for details of the information we hold about you, it is important that you quote your original email address – the one you used when you first contacted us. Without this we may be unable to trace your details.
5. Secure Shopping at Thomas & Anca:
Thomas & Anca understands that many consumers are wary of shopping on the internet, but we can assure you that shopping at Thomas & Anca is completely safe and secure.
Our secure server encrypts all information you give us, including your name, address and credit or debit card details, to ensure that this information can be safely transmitted through the internet without any other party being able to access it. Thomas & Anca never passes any of your details on to any third party.
Thomas & Anca reserves the right to decline to accept an order at our absolute discretion.
6. The Website:
All the text, images, graphics, logos, artwork and other content on this website is owned by Thomas & Anca, and is protected by copyright and trademark laws. No part of the website may be reproduced without Thomas & Anca prior consent.
7. Order and Acceptance
7.1 A contract of sale will exist when we accept your order. Your order will be accepted by way of a confirmatory e-mail. This confirmatory e-mail shall contain information regarding the Goods ordered, the cost of those Goods and any other important information in our sole discretion we choose to provide. You must check the details contained in this e-mail and we advise you to print and keep a copy of it.
7.2 By placing your order with us, you agree to buy the Goods ordered at the specified price. If you have any doubts at all about the quality or suitability of a personalised item, we advise that you do not place the order without contacting us first. All our Goods are offered subject to availability. Occasionally some items may be replaced with a similar high quality product with the same or greater value. Where the price of any Goods has increased between the time of your order and our acceptance of it or, if a delivery charge needs to be amended, we will email you to advise of the change.
By purchasing goods from Thomas & Anca you are entering into a legally binding agreement with us on the following terms. It is important that you read and understand these terms because they affect your rights and liabilities. Your statutory rights are not affected.
These terms describe the basis for purchase by you (the customer) and sale by us (Thomas & Anca) of the products described on this web site.
7.3 Details of Order
The quantity, quality and description of the products you will receive will be those set out in your order. Orders are accepted at the sole discretion of Thomas & Ancabut are normally accepted if the products are available, the order reflects current pricing, you are based in the Delivery Area and your credit or account card is authorised for the transaction.
8 Prices and Pricing / Price of Goods
Thomas & Anca reserves the right to change the prices of our products at any time and without prior notice.
8.1 Unless otherwise stated, all prices on our website are exclusive of VAT, delivery, insurance and installation. No order will be accepted until the Goods have been paid for in full.
8.2 We may make an additional charge (calculated as a percentage of the price of your order) if you choose to pay using a credit card. We will notify this additional charge to you before you place your order with us. By selecting the ["Confirm Order"] button you hereby accept that you are instructing us to charge your credit card the amount due to us as shown on the website.
8.3 You undertake that all details you provide to us for the purpose of ordering Goods are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the Goods ordered. If the prices of our products change for any reason between the date we accept your order and the proposed delivery date, we will inform you and ask you to confirm by e-mail that the new price is acceptable. If it is not acceptable, you will of course be given the option to cancel your order and receive a full refund.
9 Title and Risk
Risk of damage to or loss of items purchased from Thomas & Anca passes to you at the time of delivery. You will only own the goods once they have been successfully delivered and when we have received cleared payment in full.
9.1 Title of the goods shall pass to you at the time payment for the Goods is received by us in full and until such time all Goods remain our property, and you must store the Goods in a way so that they are readily identifiable as being our property and in accordance with our instructions.
9.2 Risk in the Goods shall pass to you upon delivery of the Goods to your nominated address.
10 Governing Law and Jurisdiction
These terms will be governed by English law and any disputes will be resolved exclusively by the English Courts.
11 Guarantee / Warranties
11.1 Goods are covered by the manufacturer’s warranty. In the event you need to claim under this warranty, you should return the goods to us with details of the purchase and defect. Except as expressly stated herein, we do not provide any warranties, but will reasonably assist you in enforcing the manufacturers warranties if requested.
Although Thomas & Anca aims to provide our customers with high quality products and takes all reasonable steps to ensure you are pleased with your purchase, unless otherwise stated our products are covered only by the manufacturer’s guarantee.
Additionally, Thomas & Anca will not be held liable to you or in breach of contract for any delay or failure to perform due to a cause beyond our reasonable control.
Thomas & Anca accepts payment using all major credit and debit cards, including MasterCard, Visa, Visa Electron, Switch and Solo.
We will charge your credit card account for payment upon receipt of order unless delivery cannot be fulfilled within 30 days. Items with a lead-time greater than 30 days will be charged up to 7 days prior to despatch. We accept no liability if a delivery is delayed because you did not give us the right payment details.
If it is not possible to obtain full payment on delivery of the goods to you, we reserve the right to cancel the contract or suspend any further deliveries to you. This does not affect any other rights we may have.
Thomas & Anca will take all reasonable care to keep all information connected with your order secure but we cannot be held liable for any loss that you may suffer if a third party obtains unauthorised access to any data, including credit and account details you provide when accessing or ordering from Thomas & Anca, unless this is solely due to our negligence.
We deliver the products you order to the address you specify for delivery. It is important that this address is accurate. It is a condition that all orders despatched will require a signature on delivery; we will never leave items unless they have been signed for.
13.1 If you require the Goods to be delivered, we will deliver to the address as notified to us when placing your order. All delivery costs are in addition to the cost of the Goods. If we ship Goods for delivery outside the United Kingdom, the recipient is liable for any local taxes or import duties that may be payable.
13.2 We will use all reasonable endeavours to deliver the Goods by the delivery date stated, however, we cannot accept any liability in the event that the Goods are not delivered by the specified date.
We cannot accept any liability for any loss or damage to the products once they have been delivered and signed for. We aim to deliver the items ordered by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.
We use fast and cost-effective methods to ensure efficient delivery of your order. We constantly review our carriers and our delivery rates to ensure we can offer the best possible delivery service at a competitive price.
We deliver to all addresses within the UK mainland. If you wish to order products to be delivered outside the UK, please contact us to arrange this.
Postage & Packaging is charged on all orders under the value of £135.00. Our standard P&P charge is £7.00.
Returns & Refunds:
Please read the Returns Policy below before placing your order with Thomas & Anca in case you wish to return your order for any reason:
14 Damaged, Defective or Incorrect Goods
In the unlikely event that Thomas & Anca sends you a damaged, defective or incorrect order, we will of course replace or refund your purchase in full.
If you are returning an item to us because it is damaged, defective or due to an error on our part, you must return it within 30 days of receiving your order. Thomas & Anca will refund you the cost of the item, the cost of delivery and the cost of returning the item in the same form of payment originally used for the purchase (e.g. if you paid by Visa, the money will be refunded onto your Visa card). We will also refund the cost of gift-wrapping and other services provided to you in connection with your purchase, where applicable. All refunds are made within three weeks of our receiving the returned item.
If you have received a damaged, defective or incorrect order and require a replacement order to be sent to you, you must also return the original item toThomas & Anca within 30 days of receiving it. We reserve the right to charge you the price of the replacement item if you fail to return the original item to us within this time.
Please Note: Thomas & Anca will check all items that are returned as damaged or defective. In the event that we find no fault with any item, we reserve the right to recover the cost of the item and our expenses from you.
15 Cancellation / Simply Changing Your Mind
15.1 If you are purchasing Goods as a consumer (that is, you are a private person purchasing the Goods for personal use) and having received the Goods, you want to return them, you are permitted to do so at your own cost, unused, within 7 working days from the date the goods are delivered to you. Alternatively, at your request, we shall arrange for the Goods to be collected from the address to which they were delivered and shall deduct the reasonable costs of collection from your refund. When the goods are received by us by return, we shall debit any sum back onto your credit card or debit card as soon as possible or in any event within 30 days, provided that the Goods have been returned to us in the same condition that they were delivered to you.
15.2 Nothing in these terms and conditions shall affect your statutory rights.
15.3 If dealing as a business customer you do not have any right to cancel any contract made with us.
By law, customers in the European Union have the right to withdraw from the purchase of an item within a “cooling off period” of seven working days of the day after the date the item is delivered.
If you choose to return an item to Thomas & Anca during this cooling off period and there has been no error on our part, we will refund you the cost of the item and the cost of delivery. Thomas & Anca will not, however, refund you the cost of returning the item unless you are returning it because it is damaged, defective or because of an error on our part.
Although you are not required to give any explanation for returning the product during this cooling off period, [company name] appreciates all positive and negative feedback from our customers in order to help us improve our products and services for the future.
Thomas & Anca reserves the right to refuse any returns. This does not affect your statutory rights.
16 Your obligations
16.1 You are responsible for determining that Goods ordered are suitable for the purpose for which you intend to use them. Images on the website are for illustrative purposes only and specifications are correct as per the manufacturer’s information provided to us.
17 Limitation of Liability
17.1 Except for death or personal injury due to our negligence or that of our employees, we shall not in any circumstances be liable, whether in contract or tort, to any customer for any indirect or consequential loss or damage arising from the sale or use of the Goods.
17.2 In any event our entire liability, howsoever arising, shall be limited to damages, which shall not exceed the price paid for the Goods in respect of which the claim has arisen.
17.3 We do not accept any responsibility for any amendments or changes we may make to the information contained in our website, and we reserve the right to alter these terms and conditions at any time. Any changes made to these terms and conditions shall be highlighted, and all purchases made from the date of the amendments shall be subject to the replacement terms and conditions. Should you continue to use the website once we have highlighted the changes, you shall be deemed to have accepted all of the amendments made.
17.4 You shall be responsible for reading and understanding these Terms and Conditions, and we do not accept responsibility for any loss or damage incurred by you or any third party as a result of your failure to do so.
17.5 We reserve the right to defer the delivery date or cancel the order or reduce the volume of the ordered Goods without liability to you if we are prevented from or delayed in the carrying out of our business due to circumstances beyond our reasonable control.
18.1 All of the rights, including copyright and database rights, contained in this website are owned by us and you must not copy or dispatch any of the information contained in it. You further agree that you shall only use the website for legitimate, lawful purposes. Any other use shall only be permitted with our written consent.
19.1 Our website and all its contents are provided on an “AS IS” basis without any representation or endorsement made and without warranty of any kind whether express or implied in respect of this website and/or the information contained in it, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility and accuracy.
20.1 If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and conditions are intended to be effective, then to the extent and within the jurisdiction which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
Please Contact Us!
If you have any queries or comments regarding our Terms & Conditions, please do not hesitate to contact us. We welcome all comments and criticisms from our customers, as your views help us to continually improve our service.