1.1 The following definitions apply throughout these terms:-
1.1.1 Approved Credit Account Facility means Bishop Sports and Leisure Limited's account facility set up for certain customers upon request and by approval
1.1.2 Business Days means Monday to Friday inclusive but excluding bank holidays
2. The contract between us
2.1 Once we, Bishop Sports and Leisure Limited ('BSL'), receive your order our acceptance of your order brings into existence a legally binding contract between us on the terms set out below.
3.1 The price payable for goods that you order are as set out in our website/catalogue but we reserve the right to charge the price up until the date of dispatch according to market conditions at the time.
3.2 All prices quoted on our website/catalogue exclude Value Added Tax ("VAT") which will be levied at the prevailing rate at the time of invoice, packing and delivery.
3.3 Apart from certain bulky or heavy products marked "carriage extra" on the Website/Catalogue there is a nominal standard packing and delivery charge of £8.00 plus VAT per order for delivery to the UK Mainland (excluding Scotland).
3.4 For delivery to northern Scotland (postcode areas AB, IV, KW, PA and PH) and the Channel Islands, Northern Ireland, Isle of Man and other offshore areas packing and delivery charges are at cost. Please ask for a quotation when placing the order.
3.5 Owing to the disproportionate cost of dealing with small orders BSL reserves the right to make a small order surcharge of £5.00 for orders under £50 net value.
4.1 We must receive payment of the whole of the price for the goods that you order at the time you place an order unless an Approved Credit Account Facility has been agreed and arranged by us.
4.2 Where an Approved Credit Account Facility has been agreed and arranged by us:-
4.2.1 payment of invoices for goods properly supplied, whether complete or part orders, is due 30 days following the date of invoice ('the Due Date'). The time of payment shall be of the essence;
4.2.2 If payment is not received by the Due Date we reserve the right to:-
18.104.22.168 Charge interest at the rate of 2% per month compounded monthly;
22.214.171.124 Charge our reasonable costs incurred in seeking to recover any arrears ("recovery costs')
126.96.36.199 Suspend further supplies of goods and take any other action as appropriate to recover the debt and any interest accrued and/or recovery costs
188.8.131.52 Nullify and therefore withdraw any discounts which may have been allowed for when the Customer's order was accepted since such discounts are given only on the basis that payment will be made on time.
5. Right for you to cancel your contract
5.1 If you are placing an order as an individual then:-
5.1.1 You may cancel your contract with us for the goods you order at any time up to the end of the seventh Business Day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty save that;
5.1.2 You cannot cancel your contract, however, if the goods you have ordered are of a special design, size and/or material;
5.1.3 To cancel your contract you must notify us in writing.
5.1.4 If you have received the goods before you cancel your contract then unless you do not have a right to cancel as set out under clause 5.1.2 you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
5.1.5 Once you have notified us that you are cancelling your contract, any sum paid to us will be re-credited to you as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
5.2 If you are making a purchase as an organisation:-
5.2.1 No order which has been accepted by us may be cancelled by you except with our express agreement and on such terms as we may require;
5.2.2 If BSL agree to cancel the order the Customer will pay to BSL liquidated damages of 25% of the net value of all of the cancelled elements of the order and the Customer agrees that this is a genuine pre-estimate of the loss which BSL will incur as a result of cancellation.
6. Cancellation by us
6.1 We reserve the right to cancel the contract between us if:
6.1.1 we have insufficient stock to deliver the goods you have ordered;
6.1.2 we do not deliver to your area; or
6.1.3 One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
6.2 If we do cancel your contract we will notify you and will re-credit to you any sum paid to us under the contract as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
7. Delivery of goods to you
7.1 We will organise the delivery of the goods ordered by you to the address you give us for delivery at the time you make your order. Our warehouse holds many items in stock but some goods are sent to you direct by the manufacturers and as such your order may be delivered by more than one delivery.
7.2 If premises are likely to be unmanned, you should include instructions on the order to ensure that an authorised signatory will be available when delivery is made. Abortive deliveries may be subject to a charge being made if appropriate instructions are not included with the order.
7.3 Any time or date given by us for delivery is given as an estimate only and shall not be a binding contractual obligation. We will endeavour to meet delivery requirements but are not liable for any direct or consequential loss or damage arising from any delayed or advanced delivery.
7.4 Risk in the goods you have ordered will pass to you upon delivery and we will not be liable for their loss or destruction. You will become the owner of the goods once we receive payment in full and the goods have been delivered to you.
7.5 All measurements and weights given in product specifications or literature are reasonable approximations of actual sizes and weights. Equivalent Imperial measurements are shown only as a guide.
7.6 We reserve the right to:-
7.6.1 Change product specifications
7.6.2 Supply substitute items of an equal or superior standard in respect of unavailable products or discontinued lines
Save that should you choose not to accept the substitute goods then the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
8.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 Business Days of the delivery of the goods in question if you are purchasing the goods as an individual and within 3 Business Days confirmed in writing within 7 Business Days if you are a business or organisation.
If you notify a problem to us under this condition, our only obligation will be, at your option:
8.1.1 to make good any shortage or non-delivery;
8.1.2 to replace or repair any goods that are damaged or defective; or
8.1.3 To refund to you the amount paid by you for the goods in question in whatever way we choose.
8.2 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 8.1.3 above. In any event, our total liability to you in the event of any breach will be limited to the value of the goods purchased.
8.3 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
8.4 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
8.5 Except where you are a Consumer as defined in the Unfair Contract Terms Act 1977 all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the goods, whether implied by Statute, common law, or otherwise, are excluded and you are satisfied as to the suitability of the goods for your purpose.
8.6 We shall not be liable for any defects in the goods which arise from any drawing, specification or design supplied by you.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Bishop House, East Burnham Park, Crown Lane, Farnham Royal, Slough, Berkshire, SL2 3SF and all notices from us to you will be displayed on our website/catalogue from to time.
10. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
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 conditions will not be affected.
13. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
14. Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
15. Entire agreement
16. Distance Selling Regulations ("DSR")
Although our customers are mostly business customers, we do accept orders from the general public. For private individuals only ("customers") the terms of the DSR apply to all orders. Where there is a direct conflict between these Terms and Conditions of Sale and provisions of the DSR then the DSR provisions shall prevail.