TERMS AND CONDITIONS

 

1.     Overview

By accessing the Website you unconditionally consent to the following T&C including the Copyright and Intellectual Property Rights notice, Disclaimers, Privacy Policy and Cookies.

This website is operated by W RUGBY Ltd. (Company Number 3899619). Throughout the site, the terms “we”, “us” and “our” refer to W RUGBY. W RUGBY offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing goods from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced and/or available by hyperlink. These Terms of Service apply to all users of the site, including, but not limited to, users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including payment information), may be transferred encrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 2.     Definitions

“Buyer”, “user”, “you” refers to the individual or organisation that buys or agrees to buy the Goods from the Seller. Consumer shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.Contract means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions. Goods means the articles that the Buyer agrees to buy from the Seller. Seller means W Rugby. Buyer means The Customer who places an order via our Website, by Telephone or Letter. Terms and Conditions means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller.

3.     Conditions

Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer. These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. Any complaints should be addressed to the Seller's email address info@w-rugby.com

4.     Online Site Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province or country of residence, or that you are the age of majority in your state, province or country of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

5.     Price and Payment

The price of the Goods shall be that which is stipulated on the Website. The price is inclusive or exclusive of GST. The total purchase price, including GST and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order. After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel payment of the price plus GST and delivery charges must be made in full before dispatch of the Goods.

6.     Delivery

Goods supplied within Australia will normally be delivered within 7 (Seven) working days of acceptance of the order. Goods supplied outside of Australia will normally be delivered within 21 (Twenty One) working days of acceptance of the order. Where specific delivery dates have been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund. The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses howsoever incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated or agreed delivery date. Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.

International Shipping Information: Any additional charges for customs clearance must be borne by the Buyer; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; the Buyer, should contact their local customs office for further information. Additionally, please note that when ordering from W Rugby, you are considered the importer of goods and must comply with all laws and regulations of the country in which you are receiving the goods. Please be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

7.     Right of seller

The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

8.     Products or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

9.     Cancellation and return

The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 14 calendar days of delivery confirming in writing if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods. Once the product is used it cannot be returned, unless faulty. Once shipped if returned unopened, the Consumer will be responsible for both the outbound and return shipping costs plus any restocking fee deemed necessary, up to a maximum of 10% of the purchase price.

10. Accuracy of billing and buyer information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, re-sellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

11. Third-Party Links & Services

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

12. Limitation of liability

Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever. Nothing in these Terms and Conditions shall nor is intended to exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.

13. Waiver

No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

14. Warranty

We offer a 12-month manufacturers warranty with our rugby balls. The warranty covers seam stitching, valve and air bladder defects only. Reasonable wear and tear such as grip, discolouring, cosmetic damage, or shape loss is not covered by the warranty.

Additionally, the warranty covers normal play on grass, astroturf or synthetic pitches only. Any use outside of normal play, including sand, water, concrete or stone is not covered by the warranty.

15. Force Majeure

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

16. Severance

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

17. Changes to Terms

The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

18. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.

USER GENERATED CONTENT (MEDIA/IMAGES/VIDEO)

"User Generated Content" means comments, photos, videos and other content you post or share on a social media platform and by tagging or using a W Rugby handle or hashtag.

By posting, distributing, sending or displaying User Generated Content, you are granting to W Rugby a limited, non-exclusive, royalty-free, perpetual, transferable, fully paid-up, worldwide, and sublicenseable right to use, modify, reproduce, distribute, publicly display and publicly perform your User Generated Content in any and all digital media now known or hereinafter developed (including digital and email marketing) without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Generated Content, for W Rugby marketing purposes. This license is perpetual, meaning that the license lasts for an indefinite period of time. You continue to retain all ownership rights in your User Generated Content, and you continue to have the right to use your User Generated Content in any way you choose, subject to these terms and the license described herein.

You represent and warrant that you own the content submitted, displayed, published or posted by you and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and W Rugby use thereof does not and will not infringe or otherwise violate the privacy rights, publicity rights, copyright, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

User Generated Content submitted by you is deemed non-confidential and W Rugby is under no obligation to treat such User Generated Content as proprietary information. W Rugby is under no obligation to accept or transmit User Generated Content and can remove User Generated Content from its media for any reason at any time.