CONSUMER TERMS AND CONDITIONS OF SUPPLY
- These Terms
1.1 Who these terms apply to. These terms only apply to consumers. A consumer is an individual that is acting for purposes wholly or mainly outside their, or any other person’s, trade, business, craft or profession.
1.2 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or digital content.
1.3 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information About Us and How to Contact Us
2.1 Who we are. We are Tanko Sports Limited a company registered in England and Wales. Our company registration number is 09670021 and have our registered office at Unit 4 Ordsall Lane, Salford, England, M5 3AN.
2.2 How to contact us. You can contact us by telephoning our customer service team at 0330 0240 032 or by writing to us at sales@tanko.co.uk and Tanko Sports Limited, Unit 4 Ordsall Lane, Salford, England, M5 3AN.
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our Contract with You
3.1 Acknowledging your order. We will email you to acknowledge your order, please note this acknowledgement is not acceptance of your order.
3.2 Accepting your order. A binding contract does not come into effect between you and us until we have accepted your order. We will email you to accept your order and place it into a processing phase. This processing phase means we are handling your order ready for payment, or for purchases of digital content, we accept your order when we allow you to download and/or stream the content. A contract will be formed when we accept your order.
3.3 Confirming products have been dispatched. We will email you to confirm when the products you have ordered (except for digital content) are being dispatched.
3.4 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.5 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us to assist you more quickly if you can tell us the order number whenever you contact us about your order.
3.6 We only sell to the UK. Our website is solely for the promotion of our products in mainland UK and Northern Ireland, the Channel Islands, the Isle of Man, Orkney, Shetland and the Scottish Islands. Unfortunately, we do not accept orders from, or deliver to, addresses outside the UK.
4. Our Products
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. The packaging of the products may also vary from that shown in images on our website.
4.2 Making sure your measurements are accurate. If you are ordering any bespoke or customised products, you are responsible for ensuring that the sizes you order or other measurements you are required to provide are correct as any bespoke or customised products cannot be returned because you ordered the wrong size or you have changed your mind. You can find information on our clothing sizes on our website.
4.3 Availability of products. All products shown on our website are subject to availability. We make no guarantee as to the availability of any products on our website.
4.4 Your right 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.
5. Digital Content
5.1 Our Rights. The Terms of Use to our site set out additional provisions regarding intellectual property these will apply to you in respect of any digital content you purchase.
6. Our Rights to Make Changes
6.1 Minor changes to the products. We may change the products:
6.1.1 to reflect changes in relevant laws and regulatory requirements; or
6.1.2 to implement minor technical adjustments and improvements, for example to address a defect. These changes will not affect your use of the product.
6.2 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
7. Providing the Products
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the products.
7.2.1 Orders of products that are goods. Delivery times are dependent on the type of delivery service you select. The estimated time between us accepting your order and delivering the product is set out in the delivery section of our website. We will deliver the products within timescales as close to that estimate as possible, although do not guarantee a delivery date. We will, however, deliver the products within 30 days after the day on which we accept your order.
7.2.2 Purchases of digital content. We will make the digital content available for download by you as soon as we have accepted your order and have received payment.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note to inform you of how to rearrange delivery and what steps should be taken next. Our next day delivery service is fulfilled by UK Mail and our standard delivery option is fulfilled by Royal Mail.
7.5 If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or follow the collect the delivery from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.6 When you become responsible for the goods. A product will be your responsibility from the time we deliver it to the address you gave us.
7.7 When you own goods. You shall own the product once we have received payment in full.
7.8 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
7.8.1 deal with technical problems or make minor technical changes; or
7.8.2 update the product to reflect changes in relevant laws and regulatory requirements.
7.9 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.10 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 12.4) we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products.
8. Your Rights to End the Contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on the product you have bought, whether there is anything wrong with it and when you decide to end the contract:
8.1.1 If the product is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 11;
8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
8.1.3 If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of returning the product.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 8.2.1 to 8.2.4 below, the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
8.2.1 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
8.2.2 we have told you that the supply of the products may be significantly delayed because of events outside our control;
8.2.3 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
8.2.4 you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
8.4.1 any products whose expiry dates have passed since we delivered them;
8.4.2 digital content/digital products after you have started to download or stream these;
8.4.3 products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them, this includes all supplements and foodstuffs we sell;
8.4.4 clothing that has been worn or used (we may treat the removal of labels as evidence of this) or, in the case of underwear and similar garments, have been tried on;
8.4.5 sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them;
8.4.6 products that have been designed, customised or tailored specifically for you; and
8.4.7 any products which become mixed inseparably with other items after their delivery.
8.5 How long do I have to change my mind? How long you have depended on how what you have ordered is delivered.
8.5.1 You have until 14 days after the products are delivered to change your mind about the products, unless:
(a) Your products under the same order are split into several deliveries over different days. In this case you have until 14 days after the day the last delivery was made to change your mind about the products; or
(b) Your goods are for regular delivery over a set period (for example monthly deliveries). In this case you have until 14 days after the first delivery of the goods; or
(c) You have bought digital content for download or streaming (for example, you have paid to stream a video from our site). In this case you have 14 days after the day we accepted your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
9. How to End the Contract with Us (including If You Have Changed Your Mind)?
9.1 Tell us you want to end the contract. To end the contract with us, please let us know that you wish to end the contract and the reasons why by doing one of the following:
9.1.1 Email. email us at sales@tanko.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.1.2 Online. Complete the on our website.
9.1.3 By post. Print off the form at the end of this document and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it, your name and address and why you want to end the contract.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must return the goods by posting them back to us at Tanko Sports, Unit 4 Ordsall Lane, Salford, England, M5 3AN]. Email us at sales@tanko.co.uk for a return label. If you are exercising your right to change your mind you must send us the goods within 14 days of telling us, you wish to end the contract. The products (and any loss of or damage to them) will be your responsibility until we receive them.
9.3 When we will pay the costs of return. We will pay the costs of return:
9.3.1 if the products are faulty or mis-described; or
9.3.2 if you are ending the contract because of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong,
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
9.5.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop, for example, you have removed labels from clothing, tried on underwear or similar garments, worn garments or unsealed or used products which may render them unsuitable for resale (e.g. mouth guards or supplements). The reduction in value may be as much as the entire cost of the product meaning you will not receive any refund (save for the postage charges paid as set out below). If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.5.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if you choose to pay extra to have the product delivered within 24 hours, then we will only refund what you would have paid for the cheaper standard delivery option.
9.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
10. Our Rights to End the Contract
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
10.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
10.1.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct reasonable compensation for the net costs we will incur as a result of your breaking the contract. Where the product is bespoke, customised or has been tailored to your specific requirements, this may amount to the entire cost of the product as we are likely to be unable to re-sell it. If your use or handling of the products means that we cannot re-sell them, again this compensation may be equal to the cost of the product.
11. If There Is a Problem with the Product
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at sales@tanko.co.uk or Unit 4 Ordsall Lane, Salford, England, M5 3AN.
11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products, you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection where there is a problem with the product being returned. write to us at sales@tanko.co.uk or Tanko Sports Limited, Unit 4 Ordsall Lane, Salford, England, M5 3AN.
12. Price and Payment
12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4 When you must pay and how you must pay. We accept payment with MasterCard, Visa, International Maestro, International Visa Electron, UK Visa Electron, UK Debit Mastercard, UK Visa Debit, UK Maestro. We also accept payments from PayPal. You must pay for the products you order before we dispatch them. In respect of products which are goods, we will charge your credit or debit card at the point of purchase. In the case where the products are bespoke, customised or being made to your specification we will charge your credit and debit card upon acknowledging your order. You must pay for the digital content before you download/stream the digital content.
12.5 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Barclays Bank PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.6 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
13. Our Responsibility for Loss or Damage Suffered by You
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We limit certain liabilities. Where you have a claim or series of related claims against us in respect of any loss or damage you have suffered, we limit our liability to you to a sum equal to the amount paid or payable by you for the product(s) to which the claim or series of related claims relate. This limit shall not apply where the loss results from a breach of your statutory rights or as otherwise prevented by law, as set out at clause 13.3.
13.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and for defective products under the Consumer Protection Act 1987.
13.4 When we are liable for damage to your property. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
13.5 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. Your responsibility
14.1 Storage of supplements and vitamins. Please ensure that all supplements and vitamins are safely and securely stored out of the reach of children at all times and only used and stored in accordance with the manufacturer’s guidelines.
15. How We May Use Your Personal Information
15.1 How we will use your personal information. We will use the personal information you provide to us:
15.1.1 to supply the products to you;
15.1.2 to process your payment for the products; and
15.1.3 if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
15.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
16. Other Important Terms
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
16.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
16.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
16.5 Changing these terms. We may change these terms from time to time. The current applicable terms will be shown on our website. Whenever placing an order, you should check the then applicable terms on our website as they may have changed from the last time you placed an order. The terms applicable to any order you place shall be the terms effective (as shown on our website) at the time of your order.
16.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
The Schedule
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To Tanko Sports Limited,
E: sales@tanko.co.uk
Address:Tanko Sports Limited, Unit 4 Ordsall Lane, Salford, England, M5 3AN
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods:
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate