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Phoenix
Paintball Ltd.
TERMS AND CONDITIONS ON THE NET
(Sale of Goods)
The following terms and conditions for the sale of goods ('the Conditions')
will govern all contracts for sale that we, Phoenix Paintball Ltd, enter
into with you, the Customer, to the exclusion of all other terms and conditions.
Please read these Conditions carefully.
1. These Conditions do not affect your statutory rights.
2. We will happily treat each order for goods as an offer by you to purchase
the goods subject to these Conditions. The procedure for making an offer
to purchase goods is set out in the Purchase Procedure. You are deemed
to accept the Conditions when you place an order for goods with us. The
email response sent to you to acknowledge receipt of your order does not
constitute acceptance of it. Your offer is accepted and our contract begins
with you, our valued customer, when the goods are dispatched.
3. Your
order for goods is subject to availability. If we do not supply goods
to you for any reason we will inform you of the situation and will not
charge you for those goods, we will obviously refund any money already
paid by you for the goods. However, we will not be responsible for compensating
you for any other losses, which you may suffer if we do not supply goods.
4. Many of the goods we sell are of a technical nature and unfortunately
it is not practical to publish detailed specifications of all the goods
and keep specifications 100% up to date. All drawings, descriptive matter,
specifications and advertising on our website are for the sole purpose
of giving approximate descriptions of the goods. However, if your goods
do not conform to the specification displayed on the website relating
to such goods at the date of purchase, we will arrange for collection
of the goods from you and you will be entitled to receive a refund.
5. Goods, other than faulty goods, may be returned within 14 working
days of the date of receipt by you of the goods. As you can appreciate,
all such goods must be returned in an 'as new' condition complete with
packaging and all accessories, with the packaging unopened. Unfortunately,
goods which do not comply with this condition may not be returned. Where
goods are returned in accordance with this provision, we will happily
reimburse any money already paid by you, excluding any delivery costs
incurred by us. We shall reimburse you within 30 days of our receipt of
the returned goods.
6. We regret that we cannot accept orders for and make deliveries to
addresses outside of mainland Britain. For delivery addresses within the
mainland, we will endeavour to deliver the goods within the times stated
in our Purchase Procedure, but time shall not be of the essence. If no
times are specified, delivery shall be within a reasonable time. We shall
not be liable for any losses, costs, damages, charges or expenses caused
by any delay for delivery of the goods unless caused by our negligence.
7. As you can appreciate, we shall not be liable to you, for any failure
or delay in performance of our contract, if it is due to an event beyond
our reasonable control. Including, without limitation, acts of God, war,
industrial dispute, fire, flood, tempest and national emergencies and
if so delayed we shall be entitled to a reasonable extension of time for
performing such obligations.
8. Should
delivery be delayed for more than 7 days from the delivery date you have
the right to contact us and refuse the goods. In this case we will happily
refund you any money paid for the goods, as the last thing we want is
a dissatisfied customer.
9. As soon as we have delivered the goods to you you will be responsible
for them. When we deliver the goods we will require you to sign for them.
If you are not able to sign for a delivery, we will do our utmost to let
you know, when we intend to deliver the goods again. Our responsibility
for everything other than damage due to our negligence will end at the
time the carrier tried to deliver the goods to you.
10. Title in the goods will pass on delivery. Should you return the goods
pursuant to conditions 5, 11 or 15, then title in the goods shall revert
to us when you return the goods to us.
11. IMPORTANT NOTICE: time limit for notification of claims. If
goods arrive in a damaged condition you must inform us within within 7
days of either (1) the date of delivery or (2) the date when you ought
reasonable to have known of the defect (where the defect is not apparent
upon a reasonable inspection). Our Internet Department will gladly arrange
collection of the goods and we will either replace the goods at no extra
charge, or refund any money paid by you for the goods. If the goods returned
under this condition 11 are found not to be defective and in full working
order, they will be returned to you. An administration fee of 15% of the
price of the goods, along with the cost of carriage will be charged to
you, to cover the costs we have incurred.
12. The price for the goods will be as stipulated on the website at the
time when you place your order. We are entitled to make adjustments to
the price to take account of any increase in our supplier's prices, or
the imposition of any new taxes or duties, or if due to an error or omission
the price published for the goods on our website is wrong. We try to ensure
that all prices displayed on our website are accurate, but the price of
the goods on your order will need to be validated by us prior to processing
your order. If there is a problem, we will inform you of the correct price
and will give you the opportunity to purchase the goods at the correct
price.
13. Payment for the goods must be made by you in accordance with our
Purchase Procedure. All orders are positively credit card sanctioned prior
to despatch. As you can appreciate, we can accept no responsibility if
any details you provide us with are incorrect or if any order is held
up as a result of incorrect details.
14. All prices on our website are in pounds sterling and exclusive of
VAT but exclusive of our very reasonable delivery charges, which will
be payable as indicated at the time of placing your order.
15. Either of us shall have the right to terminate the contract between
us without penalty within 14 days from the date we accept your order.
In the event of termination we will gladly refund to you all sums paid
to us and you shall return any goods that we have despatched to you. Termination
of the contract shall be without prejudice to the rights and duties of
either you or us accrued prior to termination.
16. Unfortunately, we do not offer credit facilities. You will receive
with your goods a printed receipt, this will also be your guarantee on
the following terms: Should any of the goods develop a fault simply return
your goods within 30 days of purchase (complete with all the original
packaging and accessories) and you will be offered the choice of either
an exchange or full refund. Should a fault develop and the goods are returned
to us after 30 days but within the guarantee period, we will still provide
a speedy, free-of-charge repair. After the guarantee has expired we will
still endeavour to help with any servicing your goods may require.
17. The contract between us shall be deemed, to have been made in England
and shall be governed by the laws of England and Wales. We operate a complaints
handling procedure which we will use to try to resolve disputes when they
first arise. We will however endeavour to acknowledge all complaints within
7 working days. If you have a complaint contact us at :
Phoenix Paintball Ltd
Units 4 & 5
Brindleys Business Park,
Chaseside Drive,
Cannock Staffordshire
WS11 2GD .
or email : customerservices@p8ntonline.com.
or telephone : 08000 354481
18. These terms and conditions are subject to change at any time without
prior notice to you. Any such change shall not affect any contract subsisting
between us at the time of such change.
We advise you, our valued customer, to print and keep safe a copy of these
Terms and Conditions.
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WEBSITE TERMS AND CONDITIONS OF USE
1. Website Operator
This website is operated by us, Phoenix Paintball Ltd.
2. Licence
2.1 We grant you, the user, a non-exclusive licence to use this website
upon the following terms and conditions.
2.2 We may terminate this licence at any time without notice.
3. Materials in Site
3.1 This website contains material which is owned by or licensed to us.
This material includes, but is not limited to, the design, layout, look,
appearance and graphics. It is protected by intellectual property laws
including, but not limited to, copyright.
3.2 All trademarks reproduced in this website, which are not the property
of, or licensed to us, are acknowledged on the website.
3.3 You may view, use, download and store the material on this website
for personal and research use only. Commercial use of the material on
this website is not permitted. The re-distribution, re-publication, or
otherwise making available of the material on this website to third parties
without our prior written consent is prohibited.
3.4 Unauthorised use of this website may give rise to a claim for damages
and/or be a criminal offence.
4. Accuracy of Information
4.1 The information in this website is given in good faith. It is subject
to change without notice. We are not responsible for any inaccuracies
and (except as set out in clause 6.3) make no representation and give
no warranty as to its accuracy. Please see our Terms and Conditions of
Sale regarding the basis on which we will provide goods and services to
you. In particular please also see section 12 of the Terms and Conditions
of Sale regarding changes to the price of products.
4.2 The information in this website should not be relied on and does
not constitute any form of advice or recommendation. By using this website
you confirm that you have not relied on any such information. Any arrangements
made between you and any third party named or referred to on the website
are entirely at your sole risk and responsibility.
4.3 Nothing on this website is intended to be nor should be construed
as an offer to enter into a contractual relationship.
5. Linking
5.1 This website contains links to other websites. We accept no responsibility
or liability for the content of other websites which are not under our
strict control. Any link is not intended to be, nor should be construed
as, an endorsement of any kind by us of that other website.
5.2 You may not create a link to this website from another website or
document without our prior written consent.
6. Liability
6.1 We do not guarantee that use of this website will be compatible with
all hardware and software which may be used by visitors to the site.
6.2 Except as set out in clause 6.3, we will be under no liability to
you whatsoever whether in contract, tort, (including negligence), breach
of statutory duty, restitution or otherwise for any injury, death, damage
or direct, indirect or consequential loss (all three of which terms include,
without limitation, pure economic loss, loss of profits, loss of business,
depletion of goodwill and like loss) howsoever caused arising out of or
in connection with the use of this website or the use, accessing, downloading
or reliance on any information or other materials contained in this website,
including, without limitation, as a result of any computer virus or any
errors in the content of this website or any communication from us regarding
the same.
6.3 These terms and conditions do not exclude our liability (if any)
to you for personal injury or death resulting from our negligence, for
fraud or for any matter which it would be illegal for us to exclude or
to attempt to exclude our liability.
7. Privacy
Our privacy policy can be seen below. This privacy policy forms part of
these terms and conditions.
8. Complete Agreement
These terms and conditions (including the privacy statement referred to
in clause 7) contain all the terms which you have agreed with us in relation
to the use of the website.
9. Jurisdiction and acceptance of these terms and conditions
9.1 This website is controlled and operated by us from our offices in
England. The formation, existence, construction, performance, validity
in all aspects whatsoever of these terms and conditions or of any term
of these terms and conditions or any dispute in relation to the materials
contained in this website shall be governed by English law and where a
dispute arises in Wales, the applicable law will be English law as applied
in Wales. The English and Welsh courts shall have exclusive jurisdiction
to settle any disputes which may arise out of or in connection with these
terms and conditions or use of the website.
9.2 Your continued use of this website indicates your acceptance of these
terms and conditions.
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