bespokesportsmedals.com

  • Our Terms & Conditions – To You The Customer
  • It is very important that you read these terms before placing an order with us. These terms tell you who we are, how our products are supplied to you, how we may change or end the contract, what to do if there is a problem and other important information.

  • Business customers or consumers have different rights under these terms. If you are a consumer, you will have the following rights:

  • As an individual, you are unique.

  • Your purchase from us is primarily for your own personal use (not for use in connection with your trade, business, craft, or profession).

  • The terms of this agreement constitute the entire agreement between us in relation to your purchase if you are a business customer. We acknowledge that you have not relied on any statements, promises, representations, assurances or warranties that are not outlined in these terms, and that you have no claim against us for innocent or negligent misrepresentation or negligent misstatement as a result of this agreement.
  • In the event that you are a business customer, this agreement constitutes the entire agreement between us regarding your purchase. OUR CONTRACT WITH YOU You acknowledge that you have not relied on any statements, promises, representations, assurances or warranties that are not outlined in these terms, and you have no claim against us for innocent or negligent misrepresentation or negligent misstatement as a result of this agreement.

    • The steps for placing an order on our website are outlined in our shopping pages. If you wish to place an order through another method (such as email, post, or telephone), then please follow the instructions provided in our brochure or in the quote we provide to you (whichever applies). If you are placing an order, be sure to check it carefully before placing it, in any case.

    • Upon receipt of your order on line, we will send you an email acknowledging receipt. This does not indicate that your order has been accepted.

    • When we send you a (further) email to accept your order, a contract will be formed between you and us.

    • Upon not being able to accept your order, you will be informed and we will not charge you for the product if we cannot. There may be a number of reasons for this, including the product not being in stock, unexpected limits on our resources that we could not reasonably anticipate, an error in the price or description of the product, or an inability to meet a delivery deadline you have specified.

      1. YOUR RIGHTS TO MAKE CHANGES
    • If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

      OUR RIGHTS TO MAKE CHANGES

    • It will not be delivered if you are not at the delivery address. If no one is available at your address to take delivery, then we will either leave the goods (or equipment hired out as a service) at the delivery address, or we will leave you a note informing you of how to rearrange delivery. If we choose to leave such goods/equipment at your delivery address, you are entirely responsible for any loss or damage to it.

    • In the event that you do not re-arrange delivery, we may contact you for further instructions and charge you for storage costs and any subsequent delivery or related costs. Despite our reasonable efforts, if we are not able to contact you or re-arrange delivery, we may end the contract and apply clause 10.2.

    • Upon receiving the goods, you will be responsible for them from the time they are delivered to the address you provided or when they are picked up by you or a carrier you arrange.

    • You own goods only once we receive payment in full. You will never own equipment or other items hired to you as part of our services.

    • Please let us know if you do not provide us with the required information. In order to be able to provide you with the products, we may need certain information from you, such as event details engraved on a trophy. You will be contacted for this information if it is stated in the product description on our website. You may be terminated from the contract (and clause 10.2) if you do not provide this information within a reasonable time after we ask for it, or if you give us incomplete or incorrect information. In the event that any additional work is required as a result, we can charge you for an additional amount of money. In the event that you fail to provide us with the information we need within a reasonable timeframe after we request it, we will not be liable for not supplying the products or any part of them.

      • Minor changes to the products. We may change the product:
        • to reflect changes in relevant laws and regulatory requirements; and
        • to implement minor technical adjustments and improvements, for example to address a safety risk. These changes will not affect your use of the product.
          • Our website, brochure, or quotation will display the delivery costs.

          • In the order process, we will let you know when you can expect the products.

            • If the products are goods. If the products are goods, we will deliver them to you within 30 days of the day we accept your order, unless otherwise indicated in the acceptance of your order. Our order acceptance email may indicate a longer time period in some cases, for example, if goods are being personalised or are being sourced overseas.

            • During the order process and set out in our order acceptance email, we will begin providing services (including the hire of equipment) on the date we agreed upon.

          • We are not responsible for delays caused by events beyond our control. If our supply of the products is delayed, we will contact you as soon as possible to inform you and take steps to minimise the effects. In this case, we will not be responsible for any delays caused by the event, however, if there is a risk of substantial delay and you are a consumer, you may end the contract and receive a refund for any products you have paid for but not received.

          • If we do not deliver goods to you or commence provision of services by the date agreed in accordance with clause 7.2, then you may cancel the order immediately if:

            • In the case of a refusal to perform or deliver, we have refused;

            • It was essential to deliver/perform by that date (considering all relevant circumstances);

            • You told us before placing the order that delivery/performance must be completed by the applicable date.

        • As an alternative to canceling the order in this manner (or if you cannot), you can give us a new delivery/performance deadline (which must be reasonable in all circumstances). The order can be canceled at that stage if this revised deadline (or a reasonable deadline if yours was unreasonable) is not met.

        • ARTWORK
        • For goods being customized to your specifications, we may provide artwork and/or samples prior to processing your order. In the case of artwork/samples:

          • The goods will be acceptable to you as long as you approve the artwork/sample;

            1. PRODUCTS THAT HAVE PROBLEMS

          • Whether you have a question or complaint about the product, please contact us.

            1. DEFECTIVE PRODUCT RIGHTS FOR CONSUMERS

              • Whenever you are a consumer, we are obligated to supply you with products that are in accordance with this contract. The box below summarizes the key legal rights related to the products. If these terms do not affect those rights, we will not be liable.

              • Suppose we got the price wrong.

              • Some of the products we sell may be incorrectly priced, despite our best efforts. Our policy is to check the price of the product before accepting your order, and if the correct price is less than the price we stated on the order date, we will charge the lower price. We will contact you for instructions before accepting your order if the correct price of the product at your order date is higher than the price stated to you. Upon accepting and processing your order, if a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mis-pricing, we may end the contract, refund any sums you have paid and require you to return any goods.

              • In the case of a business customer, we may set off the amount due. In the case of a business customer, all amounts due to you under these terms must be paid in full without set-offs, counterclaims, deductions, or withholdings (except tax withholdings required by law). Payment should be made before production: We reserve the right to stop production if prepayment is not received BEFORE production.
              • We reserve the right to set off amounts due if you are a business customer. If you are a business customer, you must pay all amounts due by you under these terms in full without set-offs, counterclaims, deductions, or withholdings (except tax withholdings required by law).
              • A business customer’s payment may be set off. You must pay all amounts due to you under these terms without set-off, counterclaims, deductions, or withholdings (except taxes withheld as required by law) in full, whether you are a business customer or not. If prepayment is not received before production, we reserve the right to stop production. WE ARE NOT LIABLE FOR LOSS OR DAMAGE YOU MAY SUFFER IF YOU ARE A CONSUMER

                • In the event that we cause foreseeable loss or damage to you, we are liable to you. If we fail to comply with these terms, we are liable for loss or damage that is foreseeable as a result of breaking this contract or failing to use reasonable care and skill, but we are not liable for loss or damage that is not foreseeable. A loss or damage is foreseeable if it is either inevitable or if both we and you knew it would happen at the time the contract was made, for example, if it was discussed during the sales process.

                • In any case where it would be unlawful to do so, we do not exclude or limit our liability to you. The Consumer Protection Act 1987 provides for liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, fraud and fraudulent misrepresentation, violation of your legal rights in relation to the products, and defective products.

                • If you are a consumer, we only supply the products to you for domestic and private use. If you use the products for commercial, business, or re-sale purposes, our liability to you is limited.

              • LOSSES OR DAMAGES YOU SUFFER IF YOU ARE A BUSINESS ARE OUR RESPONSIBILITY

                • There is no limitation or exclusion of our liability in these terms for:

                  • Death or personal injury caused by our negligence, or the negligence of our employees, agents, or subcontractors;

                  • Misrepresentation or fraud;

                  • Defendant is in contravention of sections 12 of the Sale of Goods Act 1979 or 2 of the Supply of Goods and Services Act 1982, or both;

                  • Anything for which we cannot exclude or restrict our liability.

                • As a result of clause 16.1, all implied terms arising from sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

              • In accordance with clause 16.1:

                • Except for clause 16.3.1.7, we are not liable to you under any contract between us, whether in contract, tort (including negligence), or breach of statutory duty, for any of the following (whether direct or indirect):

                  • Profit loss, sales loss, business loss, or revenue loss;

                  • The loss, corruption, or destruction of data, information, or software;

                  • Opportunity lost;

                  • loss of savings or anticipated savings;

                  • loss of goodwill or damage to reputation;

                  • losses in relation to your contracts with other persons; or

                  • indirect or consequential loss; and

                • our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the value of the applicable contract.