Terms and Conditions
Sports Clubhouses (S.C.) – General terms and conditions of sales and supply
Please read these conditions carefully before using S.C.. By using S.C., you signify your agreement to be bound by these conditions. We offer a wide range of services, and sometimes additional terms may apply.
1. Interpretation
1.1 In these Conditions: “BUYER” means the person whose order for the Goods and/or Services is accepted by S.C. “BUYER’S ORDER” means the order for Goods (and/or Services) submitted by the Buyer to S.C. “CONDITIONS” means these terms and conditions of sale and supply and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and S.C. “CONTRACT” means the contract for the supply of the Goods (and Services) incorporating the Conditions.”FORCE MAJEURE” includes but shall not be limited to acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, insufficient supply of electricity, gas, oil or water, damage to or loss or failure of machinery explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to S.C.’s workforce) or restraints or delays affecting carriers including those used by S.C. for delivery of the Goods or inability or delay in obtaining supplies of adequate or suitable materials. “GOODS” means the Goods (including any parts for them) which S.C. is to supply in accordance with the Conditions and as detailed in the Buyer’s Order. “INTELLECTUAL PROPERTY RIGHTS” means any or all of the following: patents, trademarks, registered designs, design right, copyright, database right, inventions, trade secrets and other confidential information, know-how, business or trade names, rights to prevent passing off, and all other intellectual property rights and rights of a similar nature in any part of the world, whether registered or not or capable of registration or not and including all applications and the right to apply for any of the foregoing rights. “SERVICES” means installation services or other services agreed between S.C.. and the Buyer. “WRITING” includes letter, e-mail, facsimile transmission and comparable means of communication.
1.2 Any reference in these Conditions to any statute or provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time and any regulations made thereunder from time to time.
2. Application and basis of contract
The Contract shall constitute the entire agreement between S.C. And the Buyer in respect of the supply of the Goods (and the Services) to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).
3. Acceptance
The Buyer’s Order shall be deemed to incorporate these Conditions and shall not be deemed to be accepted by S.C. unless and until confirmed in writing by an authorised representative of S.C.
4. Non standard products/drawings
4.1 Where the Buyer wishes to purchase Goods from S.C. which are not to the specification of goods ordinarily offered for sale by S.C.. (And identified in S.C.’s catalogues from time to time) the following procedure shall apply:
(a) the Buyer will, at the time of submitting the Buyer’s Order, provide S.C. with full specifications for such goods (including, where appropriate, drawings); (b) On receipt of such specifications, S.C. will contact the Buyer and either approve the same or suggest such amendments as S.C. considers appropriate; (c) If S.C. approves such specifications in writing, the Buyer’s Order will be deemed accepted in accordance with Clause 3. Where S.C. has suggested amendments, the Buyer will re-submit the specifications (amended to take account of S.C.’s suggestions) for S.C. to consider. The process set out above shall be repeated until the specifications are accepted by S.C.
4.2 All patterns, drawings, designs, samples and specifications submitted by the Buyer (and all intellectual property rights in the same) will, unless agreed otherwise, be the property of S.C.
4.3 At the same time as approving the Buyer’s specification, S.C. will confirm to the Buyer the amount of any increase in S.C.’s prices, necessary to comply with the Buyer’s specifications.
4.4 S.C. will be under no liability for, and the Buyer will fully indemnify S.C.. against, any awards, costs, claims, damages, demands, expenses, losses, or other liabilities (howsoever incurred )which arise in respect of; a) any and all infringement of any intellectual property rights of any third party which may arise as a result of S.C. supplying Goods (or Services) which conform with such specifications of the Buyer as are submitted and agreed in accordance with this Clause; and: b) any errors in Goods which conform with samples previously approved or accepted by the Buyer.
5. Prices
5.1 The price of the Goods shall be the S.C. quoted price or where a price is not quoted, the price in the S.C. published list of prices current at the date of acceptance of the Buyer’s Order.
5.2 All prices are: a) Ex-works (as defined in Incoterms 2000) unless agreed otherwise. b) Expressed in pounds sterling excluding V.A.T. and are subject to alteration without prior notification to cover any variations in cost to S.C.. of supplying the Goods (or Services). c)Exclusive of packing and delivery charges which will be added to the invoiced prices at cost.
5.3 Where quotations are supplied they will be valid for 30 days from date of quotation unless otherwise agreed.
6. Terms of payment
6.1 Unless otherwise agreed in writing by S.C. and as a condition precedent to the performance of S.C.’s obligations under the Contract, payment in full for all supplies by S.C. Is due in advance.
6.2 Where the Buyer is a customer with an approved account (to whom clause 6.1 above shall not apply) payment shall be made within 30 days of the date of the invoice.
6.3 Payment shall be made in pounds sterling as set out on the invoice.
6.4 If the Buyer fails to make any payment on the due date, then without prejudice to any other right or remedy of S.C., S.C. shall be entitled to: 6.4.1 cancel the Contract or suspend any further work for or deliveries to the Buyer 6.4.2 appropriate any payment made by the Buyer to such of the Goods or Services (or the Goods or Services supplied under any other contract between the Buyer and S.C.) as S.C. may think fit (notwithstanding any purported appropriation by the Buyer); and 6.4.3 charge the Buyer interest (both before and after any judgement) on the amount unpaid at the rate of 4% per annum above HSBC Bank base lending rate from time to time until further payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest) and recover from the Buyer all expenses howsoever incurred in the collection of monies owing to S.C.
7. Performance
7.1 No period stipulated for delivery shall commence until all specification details have been agreed and/or (except in the case of account holders)payment has been made and cleared with S.C. ‘s bankers.
7.2 Delivery and completion dates quoted by S.C. or included in the Contract are given in good faith but are estimates only. S.C. Shall not be liable to the Buyer for any delay in delivery.
7.3 S.C. May suspend the whole or any part of the Contract if by reason of Force Majeure either party is prevented or hindered from performing their obligations or performance of those obligations or is to a substantial degree rendered difficult (and S.C. Shall not be liable for any failure to perform any of its obligations under the Contract where such failure is by reason of Force Majeure). If the event in question continues for a continuous period in excess of 90 days, either party shall be entitled to give notice in writing to the other to terminate the Contract.
7.4 If S.C. exercise their right of suspension, the Buyer may cancel any remaining part of the Contract conditional on the Buyer paying expenses incurred by S.C. To date and S.C.’s fair charges. S.C. Shall have no liability for any such suspension and on any such cancellation, whether by S.C. Or by the Buyer. Nothing in this clause shall relieve the Buyer from his obligation to make payments under the Contract.
7.5 S.C. Shall be entitled to deliver in instalments. Part deliveries shall be deemed to represent separate contracts.
7.6 Delivery of ordered Goods is deemed to have taken place when they have been despatched from S.C.’s works.
8. Breakages, shortages and other claims
8.1 The Buyer will inspect the Goods on delivery and sign an acceptance or delivery note endorsing thereon a full note of any shortage or damage. Such signature shall be conclusive evidence that the Goods are of the correct quantity and free from reasonably apparent defects and damage except as set out in such endorsement. If such note is not signed it will be deemed to have been signed without endorsement.
8.2 Any defect or damage (other than latent defects) which is not reasonably apparent on receipt shall be notified by the Buyer to S.C. within three working days of receipt. Damaged Goods must be returned to S.C. before replacement will be considered. Agreement and a Goods Return number must first be obtained from the S.C.. sales office before any Goods are returned.
8.3 Any claim for non-delivery of Goods shall be notified by the Buyer to S.C. Within 14 days of the date of invoice or delivery note.
8.4 S.C. Shall have no liability arising out of non-delivery or shortage in delivery (subject to consigning the correct quantity of Goods for delivery) deterioration or damage in transit but agrees to provide reasonable assistance (at the Buyer’s expense) to the Buyer in making a claim against the carrier.
9. Returns and restocking charges
When Goods are agreed for return or cancellation the Buyer shall pay a handling and restocking charge to cover administration and inspection charges involved in accepting the Goods back to stock. The charge will be subject to variation without notice but is currently 20% of the invoiced value of Goods. Non-standard products (supplied in accordance with Clause 4) cannot be accepted for return unless otherwise agreed.
10. Title, Property, Risk
10.1 Risk of damage to or loss of the Goods shall pass to the Buyer: 10.1.1 In the case of Goods to be delivered at S.C.’s premises, at the time when S.C. notifies the Buyer that the Goods are available for collection; or 10.1.2 In the case of Goods to be delivered otherwise than at S.C.’s premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when S.C. Has tendered delivery of the Goods.
10.2 Not withstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods (legaland/or equitable) shall not pass to the Buyer until S.C. Has received in cash or cleared funds payment in full of the price of the Goods and all other Goods (or Services) agreed to be supplied by S.C.. To the Buyer for which payment is then due.
10.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods on a fiduciary basis as S.C.’s bailee and shall keep the Goods separate from those of the Buyer and third parties and shall not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods. The Buyer shall maintain the Goods in a satisfactory condition insured on S.C.’s behalf for their full price against all risks of loss or damage with an insurer or insurers approved by S.C. On request, the Buyer shall permit S.C. Or its appointed representative to enter all premises at which the Goods may be stored for the purposes of assessing the extent of the Buyer’s compliance with its obligations under this Sub-clause and shall produce such policy or policies of insurance as are to be maintained together with evidence of payment of all premiums to S.C. The Buyer shall hold any proceeds of such insurance on trust for S.C. And not mix them with any other money, nor pay such proceeds into an overdrawn bank account.
10.4 The Buyer may resell the Goods to a third party before ownership has passed to it provided that any sale shall be effected in the ordinary course of the Buyer’s business at full market value. Nothing in this clause 10.4 shall make the Buyer the agent of S.C. For any such sale and no contractual rights will be acquired by such third party against S.C.
10.5 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), S.C. Shall be entitled at any time to require the Buyer to deliver up the Goods to S.C. And, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess(following any detachment of the Goods from any property of the Buyer or any third party which may be necessary) the Goods. For the avoidance of doubt, S.C. Shall be entitled, after such repossession, to dispose of any such Goods as it sees fit.
10.6 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of S.C. but if the Buyer does so (or if the Buyer becomes or is declared insolvent (or being an individual, is declared bankrupt) or convenes a meeting of or proposes any arrangement or composition with its creditors or is subject to an order or resolution for winding up (except for the purposes of a solvent reconstruction or amalgamation) or suffers or permits any equivalent step to be taken in any jurisdiction) all money owing by the Buyer to S.C. Shall (without prejudice to any other right or remedy of S.C.) forthwith become due and payable.
10.7 If S.C. store, transport or work on any Goods or other property (including Goods about to be delivered by them or Goods intended for incorporation in or use on contract Goods and services) belonging to the Buyer or any third party, S.C. does so at the Buyer’s sole risk and (except as provided in these conditions) S.C. Shall have no liability to the Buyer or to any other party for loss, deterioration or damage to such Goods or other property howsoever arising and whether by negligence or otherwise.
10.8 In cases where S.C. make a contract of carriage and/or arrange for insurance of Goods in transit they shall be deemed to be acting as the Buyer’s agent and sub-section (2) and (3) of Section 32 Sale of Goods Act 1979 shall not apply.
10.9 All estimates of costs, plans, drawings, catalogues, photographs, illustrations and similar descriptive material remain the property of S.C. And shall be returned to them unless agreed otherwise. No item may be copied or handed to a third party without the consent of S.C.
11. Specifications, warranties, liabilities
11.1 The assessment of the Goods’; suitability, quality and fitness for purpose is the Buyer’s responsibility irrespective of any specifications, formulations, data, literature and statements as to content, suitability, performance or otherwise, issued, and description and samples given, by S.C.
11.2 Goods are supplied on condition that the Buyer undertakes at all times to take notice of and comply with (and draw to third parties’ attention and require them to take notice of and comply with) all instructions and recommendations issued with or contained on or relating to the Goods or relevant data sheets, and all reasonable and prudent precautions as to installation, use, maintenance, cleaning and otherwise. For the avoidance of doubt, where the Goods comprise internal or external lighting, the Buyer shall be responsible for ensuring that such equipment is properly installed by a qualified electrician. Where the Buyer carries out or procures installation, S.C. Shall not be liable to the Buyer or any third party for any loss or damage which arises from the installation and/or use of such equipment.
11.3 All sizes, colours, finishes and any other descriptions or specifications published in any brochures, promotional or other information published in any medium are as accurate as possible within normal manufacturing tolerances and, in keeping with its policy of continual development, S.C. reserves the right to alter such specifications and to supply Goods to the Buyer reflecting such altered specifications without prior notice to the Buyer provided that such alterations do not materially affect the characteristics of the Goods. Slight deviations within accepted tolerances shall not entitle a Buyer to cancel an order, return Goods or claim compensation.
11.4 Wood stains will be matched as accurately as possible. However the Buyer recognizes and acknowledges that, if different base timbers are used or if woods of differing ages are utilised there may be a variance of grain pattern which gives a slight difference of colour even if the stain has been carefully matched.
11.5 When colours are shown in printed form they have been reproduced as accurately as possible within the limits of the printing process. Wherever possible the Buyer should provide colour swatches or paint references at time of enquiry.
11.6 The Buyer shall be responsible for ensuring the suitability of any installation advice given S.C. And the suitability of fixing screws recommended or provided by S.C. Or any third party.
11.7 If a fabric or other material has been specifically requested by the Buyer to be used in the construction of Goods, it is his/her responsibility to ensure that the material meets any relevant performance or safety regulations ruling at that time. The Buyer agrees expressly to indemnify S.C. in full in respect of any remedial work, alteration work, reconstruction and subsequent reinstatement together with all costs, claims and demands which might be made against S.C. In relation to the manufacture, supply and siting of the Goods ordered and all and any additional costs so arising will be added to the total invoice value by S.C. And payment of the additional sums so arising must be made in full by the Buyer upon presentation of the invoice.
11.8 Any typographic, clerical or other error or omission in sales literature,quotation or price list, acceptance of offer, invoice or other document or information issued by S.C. Shall be subject to correction without any liability on the part of S.C.
12. Installation and site work
12.1 Where S.C. undertake work or provide labour (which they may sub-contract) at the Buyer’s works or elsewhere (not in their exclusive occupation) the Buyer shall indemnify S.C. Against all liability (including without limitation in respect of employee or other third party claims) arising directly or indirectly from defects in or unsuitability of the works or site or of materials (other than that provided by S.C.) Or from negligence or breach of statutory duty of the Buyer or his/her employees or any third party (other than S.C.employees) and howsoever arising.
12.2 Where S.C. install, maintain, repair or test any Goods the Buyer shall bear the total cost and provide (at the Buyer’s expense) all relevant information and such facilities as S.C. May require.
12.3 The Buyer shall be responsible for ensuring compliance with all statutory requirements and third party rights in connection with the siting,installation, erection and use by S.C. Of Goods, or the provision by S.C. Of Services, to the Buyer’s Order and shall indemnify S.C. accordingly.
13. Professional Services
Where S.C. or one of S.C.’s agents are employed as consultants to provide professional services our terms are as follows.
13.1 We will endeavour to work to the best of our ability.
13.2All fees and charges submitted by other specialists sub-contracted by prior agreement with the client shall be the responsibility of and payable by the client (excluding Barrister’s fees).
13.3 No responsibility is accepted for unavoidable errors or omissions, or matters beyond our control.
13.4 Our fees are calculated on the basis of the time spent on your affairs by the principal and staff, and on the level of skill and responsibility required.
13.5 The following costs are normally added to fee accounts as disbursements or payable directly by the client:
- Photocopying of specifications including design and access statement and the printing of plans.
- ProMap Ordnance Survey Maps
- All fees charged by a Local Authority
- Postal and delivery charges when agreed in advance by the client.
- In certain instances travel and accommodation charges will be levied by S.C. but only when set out in advance and agreed by the buyer.
13.6 Invoices will be submitted on a monthly basis or as otherwise agreed with the Buyere and must be paid in full within 14 days of the date of each invoice. We reserve the right to charge interest on any amounts owing at 4% above Barclays Bank PLC base rate. We reserve the right to suspend work on projects where accounts are outstanding after 30 days, other than by prior agreement.
13.7 Should a significant amount of additional work be required due to design changes and/or specification changes (etc), additional charges may apply unless agreed in advance.
13.8 If it is necessary to carry out additional work outside of the agreed brief then this work will involve additional fees and will be priced and submitted for the approval of the client prior to commencement of work.
14. Costs for Pavilions and Clubhouses
All costs for Pavilions and Clubhouses that are published on our website are estimates only. These are based on our experience of similar projects and our standard schedule of rates and are subject to site variables. We are not bound to any cost published online in this regard and will confirm a revised cost once all site variables and the project brief have been assessed by one of our team. Site variables include varying types of soil composition, proximity to tree roots, additional landscaping and hardsurfacing etc, delivery restrictions and other staturoy or regulatory body instruction.
15. 3D Visuals
Some of our products are illustrated as a 3D visualisation. This is an artistic impression only and does not 100% represent the finished product.
16. Intellectual Property
16.1 All Intellectual Property Rights in relation to the Goods and the Services, S.C.’s designs, data sheets, packaging and literature shall remain the property of S.C. and no licence (except as to the use for which their Goods or Services are supplied) shall be implied.
16.2 The Buyer or his agents shall not at any time alter or deface the S.C. name, logo or trademarks or juxtapose them with any other mark likely to cause confusion.
16.3 The Buyer warrants that all designs, provided by the Buyer for S.C. To manufacture in accordance with, are the intellectual property of the Buyer or an adaptation of a standard design with the original manufacturer’s consent. The Buyer will indemnify S.C. Against any costs or claims for breach of any third party intellectual property rights.
16.4 If any claim is made against the Buyer that the Goods or Services infringe or that their use or resale infringes the Intellectual Property Rights of any other person, then unless the claim arises from the use of any drawing, design or specification supplied by the Buyer, S.C. Shall indemnify the Buyer against all loss, damages, costs and expenses awarded against or incurred by the Buyer in connection with the claim, or paid or agreed to be paid by the Buyer in settlement of the claim, provided that; 13.4.1 S.C. Shall not be liable for loss of profit, loss of business, depletion of goodwill, damage to reputation or otherwise or other economic loss(whether direct or indirect) or any special or indirect losses, costs,expenses or other claims for special compensation whatsoever (how so ever caused) which arise out of or in connection with such a claim; 13.4.2 S.C. Is given full control of any proceedings or negotiations in connection with any such claim; 13.4.3 the Buyer shall give S.C. all reasonable assistance for the purposes of any such proceedings or negotiations; 13.4.4 except pursuant to a final award, the Buyer shall not pay or accept any such claim, or compromise any such proceedings without the consent of S.C. (Which shall not be unreasonably withheld); 13.4.5 the Buyer shall do nothing which would or might vitiate any policy of insurance or insurance cover which the Buyer may have in relation to such infringement, and this indemnity shall not apply to the extent that the Buyer recovers any sums under any such policy or cover (which the Buyer shall use its best endeavours to do); 13.4.6 S.C. Shall be entitled to the benefit of, and the Buyer shall accordingly account to S.C. For, all damages and costs (if any) awarded in favour of the Buyer which are payable by, or agreed with the consent of the Buyer (which consent shall not be unreasonably withheld) to be paid by any other party in respect of any such claim; and 13.4.7 without prejudice to any duty of the Buyer at common law, S.C. Shall be entitled to require the Buyer to take such steps as S.C. may reasonably require to mitigate or reduce any such loss, damages, costs or expenses for which S.C. Is liable to indemnify the Buyer under this clause.
17. Defective goods. limitation of liability and indemnity
17.1 S.C. warrants that Goods will conform in all material respects to their specification and will be free from defects in design, material and workmanship under normal conditions of use for a period of 12 months from the date of their initial use or 12 months from delivery, whichever is the first to expire provided that the defect is not attributable to fair wear and tear or any fault or damage arising from impact, modification, accident, neglect,abnormal working conditions, inappropriate working conditions,inappropriate use or treatment, incorrect handling or exposure to such other substances as may be injurious to such materials.
17.2 S.C. Shall not be liable for a breach of the warranty in clause 14.1 or any other warranty, condition or guarantee if: (a) the total price for the Goods has not been paid by the due date for payment;
(b)the Buyer makes any further use of such Goods after becoming aware of the defect; (c)the defect arises because the Buyer failed to follow S.C.’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods; or (d)the Buyer alters or repairs the Goods without the prior written consent of S.C.
17.3 If delivery is not refused, and the Buyer does not notify S.C. In accordance with clause 8, the Buyer shall not be entitled to reject the Goods and S.C. shall have no liability for any defect or failure which was reasonably apparent upon inspection, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract. In no event shall the Buyer be entitled to reject the Goods on the basis of any defect or failure, which is so slight that it would be unreasonable for him to reject them.
17.4 S.C.’s sole liability for breach of the warranty set out in clause 14.1 shall beat S.C.’s option to repair or replace defective Goods, or to refund the Contract price.
17.5 If S.C. complies with condition 14.4 it shall have no further liability for a breach of the warranty in clause 14.1 in respect of such Goods.
17.6 Any Goods replaced by S.C. Will belong to S.C. And any repaired or replacement Goods shall be guaranteed on these terms for the unexpired portion of the 12 month period.
17.7 Nothing in these Conditions excludes or limits the liability of S.C. for death or personal injury caused by S.C.’s negligence or fraudulent misrepresentation.
17.8 Subject to the provisions of clauses 14.4 and 14.7, S.C. Shall not be liable for any loss of profit, loss of business, depletion of goodwill, damage to reputation or otherwise or other economic loss (whether direct or indirect)or any special or indirect losses, costs, expenses or other claims for special compensation whatsoever and howsoever caused (whether by negligence or otherwise) which arise out of or in connection with the Contract.
17.9 Without prejudice to the other provisions of this clause 14, S.C.’s aggregate liability under the Contract in respect of any breach of contract,negligence or otherwise, shall not exceed the price paid by the Buyer for the Goods and/or Services.
17.10 All other conditions, warranties or other terms whether, express or implied, statutory or otherwise, inconsistent with this clause 14 are hereby expressly excluded to the fullest extent permitted by law.
17.11 The Buyer shall indemnify S.C. Against all liability incurred by S.C. To third parties arising in any way out of the performance of the Contract.
18. Suspension and termination
18.1 IF: 15.1.1 the Buyer exceeds any credit limit; or 15.1.2 the Buyer commits a material breach of the Contract or any other contract with S.C.; Or 15.1.3 any event conferring a right of termination under 15.2 below shall have occurred. Then in any such case S.C. shall be entitled (without prejudice to any other of its rights here under) to suspend further performance of the Contract for such reasonable time as S.C. shall deem fit and for this purpose to stop any Goods in transit to the Buyer or in the course of installation.
18.2 S.C. May, by notice to the Buyer, terminate supply if the Buyer commits a material breach of the Contract or any other contract with S.C. (such breach, if capable of remedy, not having been remedied within 7 days of notice to do so) or any judgement against the Buyer is unsatisfied for 14 days or (being an individual) the Buyer dies or commits any act of bankruptcy or (being a corporation) enters liquidation or receivership or ceases or threatens to cease to carry on business or S.C. reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly or any event analogous to any of the foregoing shall happen in any other jurisdiction and any such termination shall be without prejudice to the Buyer’s obligations and S.C.’s rights under the Contract.
18.3 No order which has been accepted by S.C. may be cancelled by the Buyer except with the agreement in writing of S.C. And on terms that the Buyer shall indemnify S.C. In full against all loss (including loss of profit) costs (including the cost of all labour and materials used) damages,charges and expenses incurred by S.C. As a result of cancellation.
19. Assignment
The Buyer may not assign any Contract or any rights there under without the prior written consent of S.C. S.C. May freely assign, transfer or subcontract the whole or any part of any Contract and, if requested by S.C.., the Buyer shall take all steps which are necessary (including, without limitation, the execution of all documents) to give effect to such assignment, transfer or subcontracting.
20. Export orders
20.1 The Buyer shall be exclusively responsible for (and shall indemnify S.C. Against) all customs duties and other costs of importation and costs of obtaining confirmation of payments, letters of credit and for obtaining all licences relevant to the sale and delivery of and payment for the Goods (delivery being subject to the Buyer obtaining all such licences).
20.2 Unless otherwise agreed in writing payment for international sales shall not be deemed completed unless payment in full has either been received by S.C. or been secured by irrevocable letter of credit (payable on sight) issued and confirmed by a bank registered in England or Wales.
20.3 S.C. delivery terms will conform to Incoterms 2000.
21. Jurisdiction
21.1 These Conditions shall be interpreted without reference to their headings, which are for convenience only.
21.2 The contract shall be governed by English Law and the Buyer shall submit to the exclusive jurisdiction of the English Courts.
21.3 Any provision of these Conditions held by a court of law to be invalid shall be severable and shall to the extent necessary to prevent such invalidity be deemed to be omitted from these Conditions and any liability which would otherwise have been excluded or limited shall nevertheless be subject to the remaining provisions of these Conditions.
21.4 The provisions of these Conditions shall remain in full force and effect notwithstanding that the parties’ obligations under the Contract may have been performed or discharged.
21.5 The waiver of any breach of any of these Conditions or the non enforcement of any of these Conditions shall not prevent the subsequent enforcement of that Condition or the exercise of any right arising from that breach and shall not be deemed a waiver of any subsequent breach.
21.6 Any entity who or which is not expressly a party to the Contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract and the provisions of the Contracts(Rights and Third Parties) Act 1999 shall be expressly excluded from this Agreement.
22. Privacy
Please review our Privacy Notice and Cookies & Internet Advertising Policy, which also govern your use of S.C., to understand our practices.
23. Electronic Communications
When you use S.C.’s website or send emails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on the website or through the other S.C. Services. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
24. Copyright, Authors’ Rights and Database Rights
All content included in or made available through any S.C. service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of S.C. or its content suppliers and is protected by British Law and international copyright, authors’ rights and database right laws. The compilation of all content included in or made available through any S.C. Service is the exclusive property of S.C. and is protected by British and international copyright and database right laws.
You may not extract and/or re-utilise parts of the content of any S.C. Service without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of any S.C. Service, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any S.C. Service (e.g. our prices and product listings) without our express written consent.
25. Trademarks
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any S.C. Service are trademarks or trade dress of S.C. S.C.’s trademarks and trade dress may not be used in connection with any product or service that is not S.C.’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits S.C. All other trademarks not owned by S.C. that appear in any S.C. Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by S.C..
26. Licence and Access
Subject to your compliance with these Conditions of Use and applicable Service Terms and your payment of any applicable fees, S.C. or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the S.C. Services. This licence does not include any resale or commercial use of any S.C. Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any S.C. Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by S.C. or its licensors, suppliers, publishers, rights holders, or other content providers. No S.C. Service, nor any part of any S.C. Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of S.C. without our express written consent. You may not use any meta tags or any other “hidden text” utilising S.C.’s names or trademarks without our express written consent.
You may not misuse the S.C. Services. You may use the S.C. Services only as permitted by law. The licenses granted by S.C. terminate if you do not comply with these Conditions of Use or any Service Terms.
27. Your Account
If you use any S.C. Service you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access and update much of the information you have provided us with, including your account settings, in the Your Account area of the website.
You must not use any S.C. Service: (i) in any way that causes, or is likely to cause, any S.C. Service, or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.
We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these Conditions of Use or any other applicable terms and conditions, guidelines or policies.
28. Other businesses and third party sellers
Parties other than S.C. operate stores, provide services, or sell product lines on this website. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. S.C. does not assume any responsibility or liability for the actions, product, and content of all of these or any other third parties. You can tell when a third party is involved in your transactions, and we may share your information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use.
S.C. allows third party sellers to list and sell their products at sportsclubhouses.com. In each such case this is indicated on the respective product detail page. While S.C. as a platform provider helps facilitate transactions that are carried out on the S.C. platform, S.C. is neither the buyer nor the seller of the seller’s items. S.C. provides a venue for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for these third party products is solely between buyer and seller. S.C. is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the seller’s agent. The seller is responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller.
29. Applicable Law
These conditions are governed by and construed in accordance with UK Law and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the non-exclusive jurisdiction of the UK courts, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Use in UK or in the EU country in which you live.
30. Alterations to service or amendments to the conditions of use
We reserve the right to make changes to any S.C. Services, policies, terms and conditions including these Conditions of Use, and Service Terms at any time. You will be subject to the terms and conditions, policies and Conditions of Use in force at the time that you use the S.C. If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
31. Waiver
If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.
32. Children
We do not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under 18 you may use the S.C. Services only with the involvement of a parent or guardian.
33. Our Contact Details
[wpcol_1half id=”” class=”” style=””]Our address is:
150 Brighton Road
Coulsdon
Surrey
CR5 2YY[/wpcol_1half] [wpcol_1half_end id=”” class=”” style=””]Our Registered Office is:
103-105 Brighton Road
Coulsdon
Surrey
CR5 2NG[/wpcol_1half_end]
