> TERMS & CONDITIONS
Stadia Sports International Limited
Terms of Trading
1 Price
1.1 The price quoted excludes VAT or other applicable sales tax (unless otherwise stated). Tax and duties will be charged at the rate applying at the time of delivery.
1.2 Our quotations lapse after 30 days (unless otherwise stated).
1.3 The price quoted excludes delivery (unless otherwise stated).
1.4 Unless otherwise stated, the price quoted is an illustrative estimate only and the price charged will be our price current at the time of delivery.
1.5 At any time before delivery we may adjust the price to reflect any increase in our costs of supplying the goods.
1.6 We reserve the right to levy a small order surcharge on all orders under £35.00.
2 Delivery
2.1 All times quoted by us for the delivery of goods are given in good faith, but are to be treated as estimates only.
2.2 If we fail to deliver within a reasonable time, you may (by informing us in writing) cancel the contract, however:
2.2.1 you may not cancel if we receive your notice after the goods have been despatched; and
2.2.2 if you cancel the contract, you can have no further claim against us under that contract.
2.3 If you accept delivery of the goods after the estimated delivery time, it will be on the basis that you have no claim against us for delay (including indirect or consequential loss, or increase in the price of the goods).
2.4 If for any reason you fail to accept delivery of any goods when they are ready for delivery, or we are unable to deliver the goods because you have not provided adequate instructions, or if you do not collect the goods by the date we give for collection, we may:
2.4.1 treat the goods as having been delivered on that day (for the purposes of risk, inspection and payment); and
2.42 charge you for the storage or redelivery of those goods.
2.5 We may deliver the goods in instalments. Each instalment is treated as a separate contract.
2.6 We may decline to deliver if:
2.6.1 we believe that it would be unsafe, unlawful or unreasonably difficult to do so; or
2.6.2 the premises (or the access to them) are unsuitable for our vehicle.
3 Risk
3.1 The goods are at your risk from the time of delivery.
3.2 Delivery takes place either:
3.2.1 when the goods are loaded at our premises (if you are collecting them or arranging carriage); or
3.2.2 when the goods are unloaded at your premises or address specified by you (if we are arranging carriage).
3.3 You must inspect the goods on delivery. If any goods are damaged or not delivered, you must write to tell us within five days of delivery or the expected delivery time. You must give us (and any carrier) a fair chance to inspect the damaged goods. If you fail to notify us in accordance with these requirements, you will not be entitled to reject the goods and will be deemed to have accepted the goods in accordance with the contract.
4 Payment terms
4.1 You are to pay us in cash or in cleared funds prior to delivery, unless you have an approved credit account.
4.2 If you have an approved credit account, payment is due no later than 30 days after the date of our invoice unless otherwise agreed in writing.
4.3 If you fail to pay us in full on the due date we may:
4.3.1 suspend or cancel future deliveries;
4.3.2 cancel any discount offered to you;
4.3.3 charge you interest at the maximum rate set under s.6 of the Late Payment of Commercial Debts (Interest) Act 1998;
a. calculated (on a daily basis) from the date of our invoice until payment;
b. compounded on the first day of each month; and
c. before and after any judgment (unless a court orders otherwise);
4.3.4 claim fixed sum compensation from you under s.5A of that Act to cover our credit control overhead costs; and
4.3.5 recover (under clause 4.7) the cost of taking legal action to make you pay.
4.4 If you have an approved credit account, we may withdraw it or reduce your credit limit or bring forward your due date for payment. We may do any of those at any time without notice.
4.5 You do not have the right to set off any money you may claim from us against anything you may owe us.
4.6 While you owe money to us, we have a lien on any of your property in our possession.
4.7 You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly including financing costs and including legal costs on a full indemnity basis) following any breach by you of any of your obligations under these terms
5 Title
5.1 Until you pay all debts you may owe us:
5.1 1 all goods supplied by us remain our property;
5.1.2 you must store them so that they are clearly identifiable as our property;
5.1.3 you must insure them (against the risks for which a prudent owner would insure them) and hold the policy on trust for us;v
5.1.4 you may use those goods and sell them in the ordinary course of your business, but not if:
a. we revoke that right (by informing you in writing); or
b. you become insolvent.
5.2 You must inform us (in writing) immediately if you become insolvent.
5.3 If your right to use and sell the goods ends you must allow us to remove the goods.
5.4 We have your permission to enter any premises where the goods may be stored:
5.4.1 at any time, to inspect them; and
5.4.2 after your right to use and sell them has ended, to remove them, using reasonable force if necessary.
5.5 Despite our retention of title to the goods, we have the right to take legal proceedings to recover the price of goods supplied should you not pay us by the due date.
5.6 You are not our agent. You have no authority to make any contract on our behalf or in our name.
6 Warranties
6.1 We warrant that the goods:
6.1.1 comply with their description on our order confirmation form; and
6.1.2 are free from material defect at the time of delivery (as long as you comply with clause 6.3).
6.2 We give no other warranty (and exclude any warranty, term or condition that would otherwise be implied) as to the quality of the goods or their fitness for any purpose.
6.3 If you believe that we have delivered goods that are defective in materials or workmanship, you must:
6.3.1 inform us (in writing), with full details within 10 days of delivery; and
6.3.2 allow us to investigate (we may need access to your premises and product samples).
6.4 If the goods are found to be defective in material or workmanship (following our investigations), and you have complied with those conditions (in clause 6.3) in full, we will (at our option) repair or replace the goods.
6.5 We cannot accept liability in respect of any defect arising from fair wear and tear, willful damage, abnormal working conditions, failure to follow our instructions, or the mis-use, alteration or repair of the goods without our approval.
6.6 We are not liable for any other loss or damage (including indirect or consequential loss, financial loss, loss of profits or loss of use) arising from the contract or the supply of goods or their use, even if we are negligent.
6.7 Our total liability to you (from one single cause) for damage to property caused by our negligence is limited to one million pounds.
6.8 For all other liabilities not referred to elsewhere in these terms our liability is limited in damages to the price of the goods.
6.9 Nothing in these terms restricts or limits our liability for death or personal injury resulting from negligence.
7 Specification
7.1 If we prepare the goods in accordance with your specifications or instructions you must ensure that:
7.1.1 the specifications or instructions are accurate;
7.1.2 goods prepared in accordance with those specifications or instructions will be fit for the purpose for which you intend to use them; and
7.1.3 your specifications or instructions will not result in the infringement of any intellectual property rights of a third party, or in the breach of any applicable law or regulation.
7.2 We reserve the right;
7.2.1 to make any changes in the specifications of our goods that are necessary to ensure they conform to any applicable safety or statutory requirements; and
7.2.2 to make without notice any minor modifications in our specifications we think necessary or desirable.
8 Return of goods
8.1 We will accept the return of goods from you only:
8.1.1 by prior arrangement (confirmed in writing);
8.1.2 on payment of 30% handling charge and, if the goods are to be collected, a carriage charge (unless the goods were defective when delivered); and
8.1.3 where the goods are as fit for sale on their return as they were on delivery.
8.2 We will not accept the return of goods which have been prepared to your specification.
9 Export terms
9.1 Where the goods are supplied by us to you by way of export from the United Kingdom Clause 9 of these terms applies (except to the extent that it is inconsistent with any written agreement between us).
9.2 The ‘Incoterms’ of the International Chamber of Commerce which are in force at the time when the contract is made apply to exports, but these terms prevail to the extent that there is any inconsistency.
9.3 Unless otherwise agreed, the goods are supplied ex works our place of manufacture.
9.4 Where the goods are to be sent by us to you by a route including sea transport we are under no obligation to give a notice under section 32(3) of the Sale of Goods Act 1979.
9.5 You are responsible for arranging testing and inspection of the goods at our premises before shipment (unless otherwise agreed). We are not liable for any
defect in the goods which would be apparent on inspection unless a claim is made before shipment. We are not liable for any damage during transit.
9.6 We are not liable for death or personal injury arising from the use of the goods delivered in the territory of another State (within the meaning of s.26 (3) (b) Unfair Contract Terms Act 1977).
10 Cancellation
10.1 You may not cancel the order unless we agree in writing (and clauses 2.2.2 and 10.2 then apply).
10.2 If the order is cancelled (for any reason) you are then to pay us for all stock (finished or unfinished) that we may then hold (or to which we are committed) for the order.
10.3 We may suspend or cancel the order, by written notice if:
10.3.1 you fail to pay us any money when due (under the order or otherwise);
10.3.2 you become insolvent;
10.3.3 you fail to honour your obligations under these terms.
11 Waiver and variations
11.1 Any waiver or variation of these terms not is binding unless:
11.1.1 made (or recorded) in writing;
11.1.2 signed on behalf of each party; and
11.1.3 expressly stating an intention to vary these terms.
11.2 All orders that you place with us will be on these terms (or any that we may issue to replace them). By placing an order with us, you are expressly waiving any printed terms you may have to the extent that they are inconsistent with our terms.
12 Force majeure
12.1 If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may cancel or suspend any of our obligations to you, without liability.
12.2 Examples of those circumstances include act of God, accident, explosion, war, terrorism, fire, flood, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.
13 General
13.1 English law is applicable to any contract made under these terms. The English and Welsh courts have non-exclusive jurisdiction.
13.2 If you are more than one person, each of you has joint and several obligations under these terms.
13.3 If any of these terms are unenforceable as drafted:
13.3.1 it will not affect the enforceability of any other of these terms; and
13.3.2 if it would be enforceable if amended, it will be treated as so amended.
13.4 We may treat you as insolvent if:
13.4.1 you are unable to pay your debts as they fall due; or
13.4.2 you (or any item of your property) become the subject of:
a. any formal insolvency procedure (examples of which include receivership, liquidation, administration, voluntary arrangements (including a moratorium) or bankruptcy);
b. any application or proposal for any formal insolvency procedure; or
c. any application, procedure or proposal overseas with similar effect or purpose.
13.5 All brochures, catalogues and other promotional materials are to be treated as illustrative only. Their contents form no part of any contract between us and you should not rely on them in entering into any contract with us We reserve the right to change the specification of the goods at any time without notice to you.
13.6 Any notice by either of us which is to be served under these terms may be served by leaving it at or by delivering it to (by first class post or by fax) the other’s registered office or principal place of business. All such notices must be signed.
13.7 No contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999) by any person not identified as the buyer or seller.
13.8 The only statements upon which you may rely in making the contract with us, are those made in writing by someone who is our authorised representative and either:
13.8.1 contained in our estimate (or any covering letter) and not withdrawn before the contract is made; or
13.8.2 which expressly state that you may rely on them when entering into the contract.
13.9 Nothing in these terms affects or limits our liability for fraudulent misrepresentation.
13.10 Where you provide us with your personal data, we confirm that the data will be held securely, in confidence and processed for the purpose of carrying out our business and associated activities.
For the consumer:
Definition of a Consumer – You are a consumer if you use or buy goods for personal use (not business use).
1 Formation of the Contract
1.1 These terms of sale apply to all goods supplied by “www.stadia-sports.co.uk”, which is a trading division of Stadia Sports International Ltd, whose registered office is at 19/20 Lancaster Way Business Park, Ely, Cambridgeshire, CB6 3NW, registered in England and Wales No. 2521888 (the "Supplier"). 1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between us. 1.3 By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive your acceptance e-mail. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions. 1.4 The contract is subject to your right of cancellation (see below).
2 Description and price of the goods
2.1 The description and price of the goods you order will be as shown on the Supplier’s website at the time you place your order. 2.2 Product prices are shown without VAT. VAT (or other applicable sales tax)will be added when you place your order and will be clearly shown on your order breakdown before you purchase. 2.3 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available, the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods. 2.4 Every effort is made to ensure that prices shown on the Supplier’s website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14-day period, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods. 2.5 In addition to the price shown, and added VAT costs, you may be required to pay a delivery charge for the goods. Delivery charges can be found on our Delivery Charge page (link) and will be clearly shown on your order breakdown before you purchase.
3 Payment
3.1 Payment for the goods and delivery charges can be made by any method shown on the Supplier’s website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately. 3.2 Your order will not be despatched until cleared funds are received by the Supplier. 3.3 You may only set off money you claim from us against money you owe us with our written agreement and on such terms as we may state.
4 Delivery
4.1 The goods you order will be delivered to the address you give when you place your order, except the Supplier will not deliver to certain destinations outside the United Kingdom. 4.2 Orders placed online before 3.00 pm on a working day will be processed that day and will be delivered as per the stated delivery estimate provided no additional security checks are required and all items are available. (A working day is any day other than weekends and bank or other public holidays.) 4.3 If delivery cannot be made to your address for reasons outside the Supplier’s control the Supplier will inform you as soon as possible. 4.4 If you deliberately fail to take delivery of the goods then without prejudice to any other right or remedy available to the Supplier, the Supplier may: 4.4.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or 4.4.2 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods. 4.5 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible. 4.6 Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.
5 Risk
5.1 The goods are at your risk from the time of delivery.
6 Your right of cancellation
6.1 You have the right to cancel the contract at any time up to the end of 7 working days after you receive the goods (see below). 6.2 To exercise your right of cancellation, you must give written notice to the Supplier (by hand, post or e-mail) giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient. 6.3 Except in the case of faulty or misdescribed goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned to the address supplied by the Supplier. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. 6.4 In the case of faulty or misdescribed goods we shall, after receiving notification in accordance with clause 7.4, either collect the goods from you or ask you to return the goods yourself and refund you the reasonable postage costs. 6.5 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. 6.6 Except in the case of faulty or misdescribed goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
7 Warranties
7.1 The Supplier warrants that the goods: 7.1.1 comply with their description on the order confirmation; and 7.1.2 are free from material defect at the time of delivery (as long as you comply with clause 7.4). 7.2 The Warranty in clause 7.1 is in addition to your statutory rights. 7.3 The Supplier gives no other warranty (and excludes any warranty, terms or conditions that would otherwise be implied) as to the quality of the goods or their fitness for any purpose. 7.4 If you believe that the Supplier has delivered goods that are defective in materials or workmanship, you must: 7.4.1 inform the Supplier (in writing), with full details, within 10 days of delivery; and 7.4.2 allow the Supplier to investigate. 7.5 If the goods are found to be defective in material or workmanship (following the Supplier’s investigations), and you have complied with those conditions (in clause 7.4) in full, the Supplier will (at its option) repair, refund or replace the goods. 7.6 The Supplier cannot accept liability in respect of any defect arising from fair wear and tear, wilful damage, abnormal working conditions, failure to follow the instructions, or the mis-use, alteration or repair of the goods without the Supplier’s approval. 7.7 We are not liable for any other loss or damage arising from the contract or the supply of goods or their use, even if we are negligent, including (as examples only); 7.7.1 direct financial loss, loss of profits or loss of use; and 7.7.2 indirect or consequential loss. If nevertheless the Supplier is found liable, its maximum liability to you shall be limited to the return of the sums paid for the goods in connection with which such libility arises. 7.8 The Supplier’s total liability to you (from one single cause) for damage to property caused by their negligence is limited to one million pounds. 7.9 For all other liabilities not referred to elsewhere in these terms the Supplier’s liability is limited in damages to the price of the goods. 7.10 Nothing in these terms restricts or limits the Supplier’s liability for death or personal injury resulting from negligence.
8 Data Protection
8.1 Where you provide the Supplier with your personal data, the Supplier confirms that the data will be held securely, in confidence and processed for the purpose of carrying out our business and associated activities. 8.2 The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
9 Images
9.1 Product images are for illustrative purposes only and may differ from the actual product. The Supplier reserves the right to change the specification of the goods at any time without notice to you. However, the specification of goods delivered shall not be materially different from that of the goods ordered. 10. General 10.1 English law is applicable to any contract made under these terms. The English and Welsh courts have non-exclusive jurisdiction. 10.2 Any notice which is to be served under these terms may be served by leaving it at or by delivering it to (by first class post or by fax) the other party’s address. All such notices must be signed. 10.3 No contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise ) by any person not identified as the buyer or seller.
