Endurance Arena Fibre® are totally dedicated to customer satisfaction. Apply the following conditions when you are purchasing Goods from us as a Consumer.
PLEASE NOTE THAT THESE CONDITIONS CONTAIN TERMS WHICH EXCLUDE OR LIMIT OUR LIABILITY TO YOU.
Endurance Arena Fibre® maintain this website for the purpose of information, education, marketing and communication. The purpose of this statement is to set out how we use personal information that we may obtain from you through this website. All information will be treated confidentially and we are committed to ensuring compliance with data protection or privacy legislation. This site may use various means for visitors to the site to express their interest or request information in respect of Endurance Arena Fibre® products and services. In this regard, personal information is obtained and used by us. By using this website, you consent to the collection and use of this information by us.
- What personal information is collected?
You may be asked to provide certain information such as your name, profession, e-mail address, postal address and telephone number.
- How is the information collected then used?
We will store this information and hold it on databases or other storage media. The information will also be used to administer our website services and for market and customer analysis and to review, develop and improve our services. We may contact you either by post, by telephone or by email, as follow-up to your request / enquiry to answer any questions. We would like to contact you from time to time about other products and services that may be of interest to you. We shall only do this should you opt in to receive such information, ie. you specifically agree to receiving occasional marketing and news from us. You will be able to opt-in via our online contact forms, email or if you verbally agree to this over the phone or in person. We do not pass on contact information to third parties.
- Where will the information be disclosed or transferred?
We shall not sell, trade or rent your personal information to others. We may provide your information to the following who may use it in accordance with paragraph 2 above:-
- To Employees of Endurance Arena Fibre® to administer any accounts, products and services requested by you now or in the future;
- To anyone as a result of a duty or legal obligation;
- To Endurance Arena Fibre® distributors or business partners.
- What about “Cookies”?
We attempt to protect all information you provide to us. However, we cannot guarantee the security of any data so disclosed and you accept the inherent security risks of on-line correspondence and purchases over the internet. We shall not be liable for any breaches of security unless it is due to our wilful of fraudulent actions or negligence. All products and services are supplied subject to our terms and conditions of sale.
1. DEFINITIONS AND INTERPRETATION
In these terms and conditions the following terms have the following meanings:
"Endurance Arena Fibre®" and "Endurance Arena Fibre" refers to Endurance Arena Fibre Ltd (Company No. 03495884).
“Endurance Arena Fibre® Distributor” means, in relation to us, any company that is a Distributor of Endurance Arena Fibre Ltd and the expressions “Distributor” shall have the same meaning as in Sections 736 and 736A of the Companies Act 1985 (as amended from time to time);
“Conditions” means these terms and conditions;
“Consumer” means any natural person who purchases Goods other than in the course of his or her business, trade or profession or for use in his or her business, trade or profession;
“Contract” means any contract for the sale by us and purchase by you of Goods;
“Delivery” means delivery of the Goods to you or, as the case may be, the Goods being ready for collection by you, and “Deliver” should be interpreted accordingly;
“Goods” means any goods to be sold and supplied by us to you;
“Price” means all sums payable by you to us for the Goods;
“Us”, “our” or “we” refers to the seller of Goods under a Contract which may be either Endurance Arena Fibre® or any of its Distributors as named or identified in any acceptance of your order; and
“You” or “your” means the customer buying the Goods from us.
2.1 In the case of contracts made by telephone, mail order, email, facsimile or on the internet you may cancel the Contract by giving us notice in writing at any time on or before the expiry of seven working days from the day after the date of delivery by us or collection by you of the Goods. Where you exercise this right of cancellation you must promptly return the Goods to us and pay the cost of doing so. Pending your return of the Goods to us, you must take reasonable care of the Goods i.e. Un-used in their original packing if applicable and retain possession of them.
2.2 We reserve the right to cancel the contract between us if:
2.2.1 For any reason we have insufficient stock to deliver the goods you have ordered.
2.2.2 Due to typing error or an error in the pricing information given to us from one of our suppliers, one or more of the Goods you have ordered was listed at an incorrect price.
3. PRICE AND PAYMENT
3.1 The Price is exclusive of VAT which is payable by you in addition to the Price.
3.2 If you pay by credit or debit card we are entitled to charge an additional amount to cover the charges we will incur.
3.3 We accept cheques that should be made out to “Endurance Arena Fibre” You should then allow Ten (10) days for clearance.
3.4 Except where payment is made by you at the time of entering into a Contract, you will pay us for the Goods in accordance with any terms we have notified to you before the Contract is made. If we have not provided you with any such notification, the Price will be payable on Delivery.
3.5 Either you or we (as appropriate) will have the right to charge the other interest on any overdue amounts from the date payment falls due until the day immediately prior to the date payment is made (whether before or after judgment) at the rate of 10% above the base lending rate of RBS Bank plc from time to time. Such interest will accrue on a daily basis and be compounded annually.
3.6 If you fail to pay the Price on the date on which payment becomes due we will be entitled (without prejudice to any other right or remedy we may have) to suspend any further Delivery to you under the same or any other Contract until actual payment is made in full.
3.7 Refunds made for any reason will be re-credited to your Credit/Debit card as soon as possible after the cancelled contract; you should expect to receive the refund within Twenty (20) days. Goods paid for by cheque will be refunded by cheque.
4. DELIVERIES AND RISK
4.1 If we deliver the Goods to you we will charge you for the cost of delivery in addition to the Price and in accordance with our published terms for such costs in force at the time the Contract is made.
4.2 We will use our reasonable endeavours to Deliver the Goods on the date agreed between you and us or, if no date is agreed, within a reasonable time. However, our obligation to deliver the Goods to you is suspended for such period of time during which we are prevented, hindered or delayed in doing so due to unforeseen events or circumstances beyond our reasonable control. When we are no longer prevented, hindered or delayed in making Delivery of any Goods to you then we will Deliver them to you as soon as reasonably possible.
4.3 If we delay Delivery of any Goods (either due to our fault or where our obligation to Deliver is suspended) for a period of 30 days or more then you are entitled by written notice to cancel the Contract in respect of those Goods affected by the delay. However, you may not cancel in respect of any Goods that we deliver prior to your sending us such notice.
4.4 If the Contract requires you to collect the Goods, the risk of loss or damage to them passes to you on collection. If the Contract requires us to deliver the Goods to you, risk passes to you on handover of the Goods at the agreed delivery address.
5.1 The warranty set out below (the “Warranty”) is subject to and in addition to your statutory rights (in particular your rights as a Consumer under Part 5A of the Sale of Goods Act 1979) in respect of any failure of the Goods to comply with the Contract.
5.2 The Warranty applies (i) only to Goods sold by us and does not guarantee the performance of your arena or any loss of fibre from your arena due to lack of maintenance (ii) in respect of any failure to comply with the contract as at the date of delivery and which is discovered within the warranty period referred to in the next condition.
5.3 The warranty period is twenty four (24) months.
5.4 During the warranty period we are entitled and obliged (at our option) to do any of the following: refund all or any of the Price, replace the Goods or any part of them (or procure such replacement) to the extent that the Goods or part do not comply with the Contract as at the date of Delivery.
5.5 Any Goods or part supplied in replacement of such Goods or part are covered by the Warranty for 12 months from the date of such replacement.
5.6 To take advantage of the Warranty you or any subsequent owner of the Goods in question must notify us at the address shown in the invoice promptly and in any event within Seven (7) days of the relevant problem being discovered and permit us to inspect the Goods. If we do not receive notice of the problem within this time frame then we will have no obligations under the Warranty in respect of that problem.
5.7 Following notification of such problem we will use our reasonable efforts to inspect and/or replace the relevant Goods or part within a reasonable time. You must not arrange for a third party to carry out any work in relation to the particular problem without our consent except to the extent that we fail to carry out our obligations under this Warranty (and where you do so it must be on reasonable terms). If you do so (subject to the exception just mentioned) then we will have no further obligations under this Warranty in respect of the applicable problem.
6. OWNERSHIP OF GOODS
Ownership of and title to the Goods passes to you only when we receive payment in full in cleared funds of the Price together with any VAT, delivery and other charges under the Contract.
7. NOTIFICATION OF PROBLEMS
If any of the Goods are faulty then you must notify us as soon as practicable after the fault is discovered. Your notice must describe the fault in question.
8. LIMITATION OF LIABILITY
We will not be liable for any loss or damage caused by any breach of the Contract by us except to the extent that such loss or damage is a reasonably foreseeable consequence of the breach. What is foreseeable is determined at the time the Contract is entered into. However, this limitation on our liability does not apply to personal injury or death caused by our negligence or to fraudulent representations, acts or omissions.
9. SELLERS RIGHTS
9.1 We reserve the right to periodically update prices on the Website, which cannot be guaranteed for any period of time.
9.2 We shall make every effort to ensure prices are correct at the point the Buyer places an order.
9.3 We reserve the right to withdraw any Goods from the Website at any time.
9.4 We shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
10. THIRD PARTY RIGHTS
No term of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to the Contract.
11. FORCE MAJEURE
Any delay or failure in the performance by either Party hereunder shall be excused if and to the extent caused by the occurrence of a Force Majeure. For purposes of a contract between us and the Consumer, Force Majeure shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of the Party claiming Force Majeure, including acts of God, fires, floods, explosions, riots, wars, hurricane, sabotage terrorism, vandalism. Accident, restraint of government, governmental acts, injunctions, labour strikes, other than those of Seller or its suppliers, that prevent the Seller from furnishing the materials and other like events that are beyond the reasonable anticipation and control of the Party affected thereby, despite such Party’s reasonable efforts to prevent, avoid, delay, or mitigate the effect of such acts, events or occurrences, and which events or the effects thereof are not attributable to a Party’s failure to perform its obligations under the contract.
The Contract will be governed by and construed in accordance with the laws of England and Wales and you and we submit to the non-exclusive jurisdiction of the English and Welsh courts.
You may return, unopened or non-used items within 7 days of delivery at your own cost for a full refund. We’ll pay the return carrier costs if the return is a result of our error (you received an incorrect or defective item, etc.). Items purchased via our Distributors are subject to the Individual Distributors Returns Policy, you should expect to receive your refund within four weeks of giving your package to the return carrier, however, in many cases you will receive a refund more quickly. This time period includes the transit time for us to receive your return from the carrier (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days).