These terms of use govern your use of our site. Please read these terms in full before you use this Website.
If you do not accept these terms of use, please do not use this Website.
Your continued use of this site confirms your acceptance of these terms.
General Terms and Conditions
- Sales are made on a trade/retail basis and are subject to our terms and conditions of sale.
- All Trade prices are shown exclusive and Inclusive of VAT. VAT will be charged at the rate applicable.
- Returned or represented cheques will be charged a £15.00 administration fee.
- Claims arising from shortages or damages must be claimed within 3 working days upon receipt of the goods. Damaged/shortage of parcels must be signed for as damaged/parcel shortage when accepting the delivery.
- Claims for non delivery must be made within 10 days of dispatch.
- Goods dispatched to a third party are at your own risk.
- Prices are subject to alteration without prior notice. Orders are accepted on the understanding that they will be charged at the prices ruling at the time of sale.
- Goods remain the property of Top Ten UK Ltd/Kicksport, or until full payment has been received.
- All goods are subject to delivery costs unless collected from our premises giving prior notice, unless stated otherwise.
- Special orders (including non stock items and sale items):
All orders placed including any airfreight if applicable must be paid for in advance and are not refundable by Top Ten UK Ltd/Kicksport. Any size discrepancy or quality issues are at the customers own risk and all returns and re-orders are at the customers expense and will not be covered by Top Ten UK Ltd/Kicksport. - Any products that are sold as end of line are non refundable.
- Discounts for periodic Special Offers only apply when an order is placed online by the customer themselves and does not apply for telephone orders made during the offer.
- Top Ten UK Ltd reserve the right to refuse to supply any individual or company.
- You, the customer, are responsible for checking and confirming that you are satisfied that all details of your order are correct prior to payment.
- Times of delivery are estimated as accurately as possible but could be subject to delays beyond out control. This includes courier issues or back orders for Germany. Top Ten UK Ltd/Kicksport cannot be held responsible for any delays caused by these third parties.
- Top Ten UK Ltd/Kicksport reserve the right to alter specifications and/or products without prior notice due to our commitment to continually improve & update our product range.
- All transactions are subject to our terms & conditions.
- All parcels are delivered by our couriers where a signature is required, please make prior arrangements to accept your orders. All undelivered Parcels will incur a re-delivery charge to the customer.
- Once an order has been placed it becomes binding as soon as we have accepted it. All orders are subject to availability.
- Special offers and online discounts including free shipping do not include heavy items such as punch bags. This includes shipping to non UK Mainland regions. A shipping charges will be applied to all orders made for heavy items during a special offer campaign/holiday season offer.
- These terms & conditions do not effect your statutory rights.
Top Ten Martial Arts UK Limited T/A Kicksport - Website Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.kicksport.com (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. Information about us
www.kicksport.com is a site operated and owned by Top Ten Martial Arts UK Limited Trading as Kicksport.
We are registered in England and Wales under company number 07115889 and our registered office is:
149-151 Mortimer Street
Herne Bay
Kent
CT6 5HA
UK
Trading address:
VAT Number 994 6968 32
Company No. 07115889
2. Your status
By placing an order through our site, you warrant that:
2.1 You are legally capable of entering into binding contracts; and
2.2 You are at least 18 years old.
3. How the contract is formed between you and us
3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
3.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
4. LINKS TO OTHER WEBSITES
We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. If you would like information about your legal rights you should contact your local trading standards or citizens advice bureaux. We will notify you when a third party is involved in a transaction, and we may disclose your person information related to that transaction to the third party seller.
4. Consumer rights
4.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in condition 8 below).
4.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us as soon as possible, with the original, undamaged packaging, complete with all the components in the same condition in which you received them, and at your own cost and risk. If you do so, you will be entitled to a full refund. If you do not return the Product(s) in accordance with these instructions, we shall be entitled to make a charge in respect of the cost of recovering (or attempting to recover) the Product(s). You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
4.3 You will not have any right to cancel a Contract for the supply of any of the following Products:
Personalised clothing and any other personalised Products. Ex stock / Sale items on offer for clearance.
4.4 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights as a consumer.
4.5 Please note that these provisions only apply to sales to our customers who are consumers and do not apply to our trade customers.
5. Availability and delivery
5.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 7 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
5.2 Should any of the Product(s) subject to your order be out of stock, we will inform you as soon as possible to arrange a delivery date once the Product(s) you have ordered are back in stock.
6. Risk and title
6.1 The Products will be at your risk from the time of delivery.
6.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7. Price and payment
7.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
7.2 These prices include VAT but exclude delivery costs, which shall depend upon the delivery method you choose and your country of residence and will be added to the total amount due as set out in our.
7.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
7.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
7.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
7.6 Payment for all Products must be made by credit or debit card, PayPal or bank transfer at the time of ordering.
8. Our refunds policy – CONSUMER CUSTOMERS ONLY
8.1 When you return a Product to us:
8.1.1 because you have cancelled the Contract between us within the seven-day cooling-off period (see condition 4.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the Product to us.
8.1.2 because you have notified us in accordance with condition 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective, we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us; or
8.1.3 for any other reason outside the seven day cooling-off period (see condition 5.1 above), we will notify you within a reasonable period of time of your refund. For Product(s) returned under this condition 8.1.3, we shall be entitled to deduct the amount you paid for delivery from the amount paid by you in respect of the Product(s). You shall only be entitled to receive the price you paid excluding delivery charges.
8.2 For returns under conditions 8.1.1 and 8.1.3 above, we shall be entitled to make a charge in respect of the cost of recovering or attempting to recover the Product(s) if you fail to return the item in accordance with these terms and conditions.
8.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
8.4 If your original order for Product(s) benefited from any discount, promotional price or reduced price, we will take this into account when making any refunds.
8.5 Where possible, all Product(s) returned to us should be returned with its original, undamaged packaging.
8.6 Please note that the provisions of this condition 8 only apply to you if you are a consumer and do not apply if you are contracting as a business or trade, in which case condition 9 shall apply.
9. REFUNDS AND RETURNS POLICY – TRADE CUSTOMERS
9.1 If you are a trade customer, you may only cancel a Contract with our express written consent within 7 days of receiving the Product(s) or on the basis that a Product is defective. You shall be entitled to a reasonable time to inspect the Product(s) and must notify us of any alleged defect within 2 days of receipt of the Product(s). You must return the Product(s) to us within 2 days of notifying us of the alleged defect. If we consider that the Product(s) is defective, you shall be entitled to a repair, replacement or refund of the cost of the Product(s). If you are entitled to a refund, we shall refund the price to you paid for the Product(s) excluding any delivery charges usually using the same method you originally used to pay for the Product(s).
9.2 If you cancel a Contract in accordance with condition 9.1 above, you shall return the Product(s) to us in the original undamaged packaging. Except in the case of defect, we shall be entitled to reject the return of the Product(s) if the Product(s) is not returned in its original, undamaged packaging.
9.3 We shall not be liable to you for any losses which may be incurred as a result of your failure to comply with this condition.
9.4 You will not have any right to cancel a Contract for the supply of any personalised clothing or other personalised Products and or Ex stock / Sale items on offer for clearance.
9.5 You are responsible for taking reasonable care of the Products while they are in your possession.
10. WARRANTY
We warrant to you that any Product purchased from us through our site will, on delivery conform in all material respects with its description, be of satisfactory quality and reasonably fit for all the purposes for which products of this kind are commonly supplied.
11. OUR LIABILITY TO OUR TRADE CUSTOMERS
11.1 Our liability for losses you suffer as a result of us failing to comply with these terms and conditions is strictly limited to the purchase price of the Product you purchased.
11.2 Subject to clause 12.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories even if such losses result from our deliberate breach:
11.2.1 loss of income or revenue;
11.2.2 loss of business;
11.2.3 loss of profits;
11.2.4 loss of anticipated savings;
11.2.5 loss of data; or
11.2.6 waste of management or office time.
11.3 Nothing in these conditions excludes or limits in any way our liability:
11.3.1 For death or personal injury caused by our negligence;
11.3.2 Under section 2(3) of the Consumer Protection Act 1987;
11.3.3 For fraud or fraudulent misrepresentation; or
11.3.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage.
11.5 Please note the provisions of this condition 11 do not apply if you are a consumer and only apply if you are contracting with us in the course of a business or trade.
12. Import duty
12.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
12.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
13. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
14. Notices
All notices given by you to us must be given to Top Ten Martial Arts UK Limited / Kicksport.com, Unit 1a, 1 Rowes Yard, Invicta Way, Manston Business Park, Ramsgate, CT12 5FA. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in condition 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. Transfer of rights and obligations
15.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. Events outside our control
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
16.2.1 Strikes, lock-outs or other industrial action.
16.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
16.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
16.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.2.5 Impossibility of the use of public or private telecommunications networks.
16.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17. Waiver
17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with condition 14 above.
18. Severability
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. Entire agreement
19.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
19.2 We each acknowledge that, in entering into a Contract, neither of us has relied or will have any remedies in respect of any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
19.3 Each of us agrees that our liability in respect of these representations and warranties set out in these conditions will be for breach of contract.
19.4 If you are contracting as a consumer we intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
20. Our right to vary these terms and conditions
20.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
21. Law and jurisdiction
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.
22. THIRD PARTY RIGHTS
A person who is not party to these term and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
Privacy & Cookies Policy
At Kicksport we are committed to safeguarding and preserving the privacy of our visitors.
This Policy explains what happens to any personal data that you provide to us, or that we collect from you whilst you visit our site and how we use cookies on this website.
We do update this Policy from time to time so please do review this Policy regularly.
Information That We Collect
In running and maintaining our website we may collect and process the following data about you:
* Information about your use of our site including details of your visits such as pages viewed and the resources that you access. Such information includes traffic data, location data and other communication data.
* Information provided voluntarily by you. For example, when you register for information or make a purchase.
* Information that you provide when you communicate with us by any means.
Use of Cookies
Cookies provide information regarding the computer used by a visitor. We may use cookies where appropriate to gather information about your computer in order to assist us in improving our website.
We may gather information about your general internet use by using the cookie. Where used, these cookies are downloaded to your computer and stored on the computer’s hard drive. Such information will not identify you personally; it is statistical data which does not identify any personal details whatsoever.
Our advertisers may also use cookies, over which we have no control. Such cookies (if used) would be downloaded once you click on advertisements on our website.
You can adjust the settings on your computer to decline any cookies if you wish. This can be done within the “settings” section of your computer. For more information please read the advice at AboutCookies.org.
Use of Your Information
We use the information that we collect from you to provide our services to you. In addition to this we may use the information for one or more of the following purposes:
* To provide information to you that you request from us relating to our products or services.
* To provide information to you relating to other products that may be of interest to you. Such additional information will only be provided where you have consented to receive such information.
* To inform you of any changes to our website, services or goods and products.
If you have previously purchased goods or services from us we may provide to you details of similar goods or services, or other goods and services, that you may be interested in.
We never give your details to third parties to use your data to enable them to provide you with information regarding unrelated goods or services.
Storing Your Personal Data
In operating our website it may become necessary to transfer data that we collect from you to locations outside of the European Union for processing and storing. By providing your personal data to us, you agree to this transfer, storing and processing. We do our utmost to ensure that all reasonable steps are taken to make sure that your data is stored securely.
Unfortunately the sending of information via the internet is not totally secure and on occasion such information can be intercepted. We cannot guarantee the security of data that you choose to send us electronically, sending such information is entirely at your own risk.
Disclosing Your Information
We will not disclose your personal information to any other party other than in accordance with this Privacy Policy and in the circumstances detailed below:
* In the event that we sell any or all of our business to the buyer.
* Where we are legally required by law to disclose your personal information.
* To further fraud protection and reduce the risk of fraud.
Third Party Links
On occasion we include links to third parties on this website. Where we provide a link it does not mean that we endorse or approve that site’s policy towards visitor privacy. You should review their privacy policy before sending them any personal data.
Access to Information
In accordance with the Data Protection Act 1998 you have the right to access any information that we hold relating to you. Please note that we reserve the right to charge a fee of £10 to cover costs incurred by us in providing you with the information.
Contacting Us
Please do not hesitate to contact us regarding any matter relating to this Privacy and Cookies Policy via email at sales@kicksport.com