Terms and conditions of supply

Macclesfield Town
Posted:Mon 22 Mar 2021

WREXHAM AFC ONLINE SHOP – TERMS AND CONDITIONS

Our terms

1.         These terms

1.1       What these terms and conditions cover. These are the terms and conditions that will apply to all UK and international orders for the supply of products to you, whether these are goods or digital content.

1.2       Terms may apply differently depending on where you live. Please note that certain provisions of these terms and conditions will apply differently depending on whether you live in the UK or outside of the UK. Provisions that may vary include clauses 4 (Our contract with you), 9 (Delivering the products) and 10 (Payment, tax and duties).

1.3       Why you should read them. Please read these terms and conditions carefully before you place your order to us. These terms and conditions tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms and conditions, please contact us to discuss.

1.4       Minors. We reserve the right to cancel any order that is made by a minor, under the age of 18, where the consent of that minor's legal guardian is not received. If you are under 18 years of age, you must ensure that your parent or legal guardian knows and has given their permission for you to buy anything from our online shop.

1.5       Consumer. In purchasing products from our website you confirm that you are a consumer. A consumer is someone who is: (1) an individual; and (2) acting wholly or mainly outside of their trade, business or profession.

2.         Information about us and how to contact us

2.1       Who we are. We are Wrexham AFC Limited, a company registered in England and Wales. Our company registration number is 07698872 and our registered office is at Racecourse Ground, Mold Road, Wrexham, WALES, LL11 2AH. Our registered VAT number is 248236007

2.2       How to contact us. You can contact us by telephoning our customer service team at 01978 891864 or by writing to us at The Racecourse Ground ,Mold Road, Wrexham, Wales, LL11 2AH   E Mail to [email protected].

2.3       How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4       "Writing" includes emails. When we use the words "writing" or "written" in these terms and conditions, this includes emails.

3.         Our products

3.1       Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

3.2       Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

3.3       Product information. Each product on our website is sold subject to its description on its product page. This may set out additional terms related to that product including, but not limited to, terms relating to delivery dates, warranties and any applicable guarantees that may apply to the relevant product.

3.4       International orders. We cannot guarantee that all products will be available for international delivery to every country.

4.         Our contract with you

4.1       When is your order placed? You place your order for products on our website by following the prompts and clicking the "Buy Now", "Order" or "Confirm" button at the end of the checkout process. Once you have clicked this button, you will have made an order.

4.2       How much is the delivery cost? The delivery charge will be shown in the order process before you complete you order. You confirm your acceptance of this charge when you place your order.

4.3       Reviewing your order. You will be given the opportunity to review your order and make any amends before you place your order.

4.4       Acceptance of your order. We are not required to accept your order and we may modify, reject or cancel your order for any reason including, but not limited to, the product is out of stock, we are unable to obtain authorisation for your payment, because we have identified an error in the price or description of the product or because you are not complying with these terms and conditions. If we do not accept your order, we will inform you of this in writing and will not charge you for the product.

4.5       Order acknowledgement. Following your confirmation and placing of the order we will send you an acknowledgement email detailing the order and the final price you will pay for the products including tax and shipping costs. Please note that this email is not an order confirmation or an acceptance of your order by Wrexham AFC Limited and we reserve the right to reject, modify or cancel such order in accordance with clause 4.4. Our acceptance of your order will take place as described in clause 4.6.

4.6       How we will accept your order. We will confirm our acceptance of your order by sending you an email that confirms the products you have ordered have been dispatched (the Dispatch Confirmation). The contract between you and us will only be formed when we send you the Dispatch Confirmation and such contract shall be governed by these terms and conditions.

4.7       Your order number. We will assign an order number to your order and tell you what it is when we acknowledge receipt of your order in accordance with clause 4.5. It will help us if you can tell us the order number whenever you contact us about your order.

4.8       What products will be delivered? We will only deliver products we have confirmed to you in a Dispatch Confirmation email that we will deliver.

4.9       When is payment for the products taken? Your credit/debit card will be charged when your order is confirmed.

5.         Your right to cancel/return products

5.1       Subject to clause 5.2, you have the following cancellation rights when you buy products from us online:

(a)        You are entitled to cancel your order if you wish, provided that you exercise your right no longer than 14 days after the day you receive the products in question.

(b)        You have an additional right to return individual products or your whole order up to 30 days after the day on which your order is dispatched from us. Returns must be in original condition, unworn/unused with original tags and labels.

5.2       Your right to cancel or return products does not apply to:

(a)        digital products after you have started to download or stream these;

(b)        products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them (for example, pierced jewellery);

(c)        sealed audio or sealed video recordings (DVDs, videos, PC & video games) or sealed computer software, once these products are unsealed/opened after you receive them;

(d)       products which have been clearly personalised. Further, we accept no responsibility once a replica shirt or short has been printed if a player leaves the team and/or their team number changes, or if the badge and/or sponsors change in the future;

(e)        any products which become mixed inseparably with other items after their delivery; or

(f)        products which by their nature cannot be returned (for example, underwear/swimwear which has been worn) or are liable to deteriorate or expire rapidly.

5.3       Exercising your right to cancel. To exercise your right to cancel, you must inform us of your decision to cancel by a clear statement, including details of your name, address (including country), details of the order you wish to cancel (including the order number) and, where available, your phone number and email address. To cancel any products, please send the above information using one of the following methods: 

(a)        Phone or email. Call customer services on 01978 891864 or email us at [email protected]

(b)        By post. Print off the form and post it to us at the address on the form.  Or simply write to us at that address.

5.4       Returning the products once you have cancelled. If you decide to cancel, you should return the products to us at Wrexham AFC Club Shop, The Racecourse Ground, Mold Road, Wrexham LL11 2AHat your cost within 30 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the cost of those returned products. If you cancel your whole order in accordance with clause 5.1(a) only, this includes the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery). If you do not cancel your whole order, but only certain products within your order, we will only reimburse you for the cost of those products returned and we will not refund the cost of delivery.

5.5       When will you receive the reimbursement? We will make the reimbursement no later than 14 days after the day we receive the relevant products back from you or, if such products have not been dispatched to you, 14 days of you informing us that you have changed your mind and would like to cancel your order.

6.         How to change, cancel or return your order

6.1       Other than in the circumstances set out in clause 5, it is not possible to make changes to your order once you’ve placed it. If you’d like to add products to your order, please place a new order for such products.

6.2       If you need to change details of your delivery address, remove products from your order or cancel it completely, please contact our customer services team on the contact details detailed at clause 5.3 above.

6.3       If the products you ordered have already been collected from our warehouse for delivery to you, then you will need to return those products to us in accordance with clause 5.4.

6.4       Except as provided in clause 5.4, unless products are faulty, damaged or not as described upon delivery you are expected to bear the cost of any return and your original delivery charge will not be refunded.

7.         Our rights to make changes

7.1       Minor changes to the products. We may change the product:

(a)        to reflect changes in relevant laws and regulatory requirements; and

(b)        to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.

7.2       Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.

8.         What if the products are damaged or faulty

8.1       If your order arrives and the products are damaged, faulty or not as described, you may be able to get the product repaired or replaced or get some or all of your money back.

8.2       How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01978 891864 or write to us at Wrexham AFC Club Shop, The Racecourse Ground, Mold Road, Wrexham LL11 2AH or e mail us at [email protected] .Alternatively, please speak to one of our staff in-store.

8.3       Refunds for products which arrive damaged, faulty or not as described. Following inspection of the returned products and our assessment as to whether such products are damaged, faulty and/or not as described, in the event that a refund is owed we will reimburse you with the partial or full cost (as appropriate) through the payment method you used to place the order within 14 days of our receipt of the returned products. Where a refund is due or a repair or replacement provided, we will reimburse you for the reasonable costs of you returning the products to us.

8.4       Refunding delivery costs. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method available. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

8.5       Statutory rights and remedies. These terms and conditions, including this clause 8, are in addition to any statutory rights and remedies you may have under English law and the law of your country of residence. We are under a legal duty to supply products that are in conformity with this contract. For those resident in England and Wales, please see below a summary of your key legal rights in relation to the product. Nothing in these terms and conditions will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is goods, for example replica shirts, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a)         Up to 30 days: if your goods are faulty, then you can get an immediate refund. 

b)         Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. 

c)         Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.  

See also clause 5.1(a).

If your product is digital content, for example a subscription to a streaming a match, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

a)         If your digital content is faulty, you're entitled to a repair or a replacement.

b)         If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.

c)         If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation

See also clause 5.1(a).

9.         Delivering the products

9.1       Delivery costs. The costs of delivery will be as displayed to you on our website during the process of placing your order. You confirm your acceptance of this charge pursuant to clause 4.2.

9.2       When we will provide the products.

(a)        During the order process we will let you know when we will provide the products to you. If the products are ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract.

(b)        Delivery lead times to international addresses will vary according to destination but we will use reasonable endeavours to ensure that all products will be delivered within 30 days from the conclusion of the contract with us.  In the event that your order has been dispatched by us (as confirmed in the dispatch confirmation e-mail) but has not arrived within the estimated delivery time range, please contact our customer services team at the contact details above. Please contact our customer services if you have any queries about international delivery services.

(c)        Depending on stock availability, we may split delivery of your order into several parts and deliver them separately. You will not be charged extra for this.

9.3       Events outside of our control.

(a)        Occasionally, delivery of your order may be delayed or prevented for reasons beyond our control, such as material shortages, import delays or higher than anticipated demand. Delivery may also be delayed due to customs-related processes (such as inspection).

(b)        If delays outside of our control occur, we will use reasonable endeavours to keep you informed and seek to minimise the delay. Provided we do this, we shall not be liable for any such delays. For the avoidance of doubt, time is not of the essence for the delivery of the products, but you will remain entitled to all statutory rights provided to you by the applicable laws.

9.4       When you become responsible for goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.

9.5       When you own goods. You own a product which is goods once we have received payment in full.

9.6       Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

(a)        deal with technical problems or make minor technical changes; or

(b)        update the product to reflect changes in relevant laws and regulatory requirements.

9.7       We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not charge you for the products during the period for which they are suspended. As well as suspending the products we also reserve the right to charge you interest on your overdue payments in accordance with clause 10.5.

10.       Payment, tax and duties

10.1     How to pay. Payment is to be made in the currency selected by you on the website prior to checkout. International credit card providers or banks will determine the exchange rate. If the currency you use to pay is made in a currency not issued as standard by the bank/credit provider, they may add an additional processing or administration charge which the cardholder will be liable to pay.

10.2     When you must pay and how you must pay. When you must pay depends on what product you are buying:

(a)        For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

(b)        For digital content, you must pay for the products before you download them.

10.3     What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.

10.4     Delivery charges. Our delivery charge will be itemised as ‘delivery’ on the delivery and order confirmation pages of the website and in emails from us, after the subtotal for the value of the goods purchased.

10.5     We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 5% a year. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

10.6     Tax, customs and duties.

(a)        Applicable tax will depend on your country of residence as follows:

(i)         UK. The price paid for the product and applicable delivery charges will include VAT.

(ii)        Outside the UK. The price paid will generally be zero-rated and not subject to UK VAT, but the price paid by you for the products and/or delivery will remain the same as shown on the website. Please see clauses 10.6(b) to (f) (inclusive) below for further information regarding purchases from outside the UK.  

(b)        Products delivered to destinations outside the UK may be subject to taxes (including VAT), fees, customs duty, levies or other charges as a result of local legislation or customs formalities. The recipient of your order is responsible for all customs formalities for the import of the products and will be required to pay any additional charges for international delivery, including import duty, formal customs entry, taxes, levies and other charges that may be levied outside the UK. The recipient of the goods, not the person placing the order, will typically receive a separate request for payment of these charges. If you’re ordering products to be delivered to someone else, please ensure they’re aware that they’ll be responsible for these additional charges.

(c)        Unfortunately, we have no control over these charges and cannot predict what they may be, so we are unable to offer any assistance on these processes. We advise that you check any customs formalities and the import charges applicable in any non-UK country before ordering products to be delivered there. We will use commercially reasonable efforts to provide you with information which we hold which relates to the product or consignment which you may need in order to arrange customs clearance.

(d)       You (or the recipient of the products, if different) will be the importer for all international deliveries of the products. Therefore, before placing an order, it’s your responsibility to check that any products ordered comply with country, state and/or federal government import regulations, and that there are no local requirements or restrictions which may affect receipt of your order.

(e)        You agree that we will act on your behalf as exporter of the products and will complete export declarations in our own name on your behalf.

(f)        We may also request information from you in relation to customs formalities. You must respond to any request for information within 5 days of the request, or the order will be cancelled, and the products returned to our warehouse.

11.       Our responsibility for loss or damage suffered by you

11.1     We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

11.2     We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors for:

(a)        fraud or fraudulent misrepresentation;

(b)        breach of your legal rights in relation to the products, including the right to receive products which are:

(i)         as described and match information we provided to you;

(ii)        of satisfactory quality;

(iii)       fit for any particular purpose made known to us; and

(iv)       supplied with reasonable care and skill; or

(c)        for defective products under the Consumer Protection Act 1987.

11.3     Digital content damages device. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

11.4     Liability cap. In no event shall we or our affiliates be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages of any kind whatsoever. To the fullest extent permitted by law, in no event shall we or our affiliates be liable for any direct damages exceeding the greater of the monies paid by you to us for products in the 12 months preceding the claim or £100 GBP.

11.5     We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose, we will have no liability to you for any:

(a)        loss of income or revenue;

(b)        loss of profit;

(c)        loss of business;

(d)       wasted costs;

(e)        loss of data;

(f)        loss of anticipated savings;

(g)        loss of business opportunity; or

(h)        indirect, consequential or special loss.

12.       How we may use your personal information. We will only use your personal information as set out in our PRIVACY POLICY.

13.       Other important terms

13.1     We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms and conditions to another organisation. We will contact you to let you know if we plan to do this.

13.2     You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms and conditions to another person if we agree to this in writing.

13.3     Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

13.4     If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

13.5     Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms and conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

13.6     The laws that apply to this contract and where you may bring legal proceedings. These terms and conditions are governed by English law and you can bring legal proceedings in respect of the products in the English and Welsh courts. You may bring a claim to enforce your consumer rights in connection with these terms and conditions before the courts of your resident country, as laws in your country of residence may also apply to allow you certain levels of consumer protection. In addition, you are also entitled to bring a claim before the courts of England and Wales if you prefer.

13.7 Variation. We reserve the right to change these terms and conditions from time to time, but any changes will not apply to any orders that we have accepted prior to the change being made. Any changes to the terms governing existing contracts must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what we and you are expected to do.

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