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Retail Terms and Conditions

Terms and conditions

Welcome to www.eska.co.uk. By using the Website you agree to be bound by these Terms and Conditions and any Orders placed by you are bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Website. The Website is provided solely for your personal use. You may not use the Website for any commercial purpose. We reserve the right, at our sole discretion, to change, modify, add, amend or remove any part of these Terms and Conditions from time to time and it is your responsibility to check these Terms and Conditions from time to time for changes. We may modify or withdraw, temporarily or permanently, the Website (or any part of it) and we shall not be liable to you or any third party for any modification to or withdrawal of the Website. If you do not agree to our right to change the Website or the Terms and Conditions from time to time, please do not use the Website. Please note that these Terms and Conditions do not affect your statutory rights as a consumer. All text, graphics, photographs, logos, trademarks, artwork, sounds, music, user interfaces, visual interfaces and computer code (the “Content”) belongs to ESKA (or is licensed to ESKA). This Content includes, but is not limited to, the design, structure, selection, coordination, expression, “look and feel” and arrangement of it. The Content is protected by copyright, trademark and other intellectual property rights and you are not permitted to copy, reproduce, republish, upload, post, publicly display, translate, transmit or distribute this Content in any way without ESKA prior written permission. You agree that any information you submit to the Website including Personal Information shall not be misleading and shall be true and accurate in all respects. If you submit to the Website any communication, idea or materials which may attract copyright or other intellectual property rights you agree that this shall become our property and you agree that anything you submit shall not infringe any right of any third party, nor contain anything libellous or otherwise unlawful, abusive or obscene nor constitute an invasion of privacy. As such, you are and shall remain solely responsible for the content of any submissions you make on the Website and we reserve the right to remove any material you have placed on the Website or to deny you access to the Website at any time in our sole discretion.

  1. Product Descriptions on our Website

1.1 We will take all reasonable care to ensure that all Product Descriptions are correct at the time when the relevant information was first entered onto the Website. We have made every effort to display as accurately as possible the appearances, colours, textures or finishes of our Products. What you see will depend on your computer equipment, screen or monitor and we are therefore unable to guarantee that a Product’s images are an accurate representation of the actual merchandise. Please refer to our Returns Policy if you are unhappy with your Order.

  1. Product Availability

2.1 The Website features Products that have been carefully selected for sale on the Website. Products are subject to availability so once a Product has sold out it will be taken off the Website at the earliest opportunity and may not be available again. As there is a delay between the time when your Order is placed, and the time when the Order is accepted, the stock position relating to particular Products may change. If a Product you have ordered goes out of stock before we accept your Order, then ESKA shall not be liable to you for being unable to provide that Product. If such a situation arises, then we shall notify you as soon as possible and you will not be charged for the out of stock Product.

  1. Pricing Policy

3.1 All Product prices are in pounds (£) sterling and are inclusive of UK value added tax (“VAT”) (where applicable), at the appropriate rate, and are correct at the time that the Product Description was first entered on to the Website. Prices of Products may change from time to time and any promotional discounts or offers may also be withdrawn at any time. 3.2 Although we try to ensure all our Product’s prices displayed in the Product Description are accurate, errors may sometimes occur. If we discover an error in the price of a Product you have ordered we will be unable to accept your Order and shall contact you as soon as possible in order to give the option of either reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat your Order in respect of the incorrectly priced item as cancelled.

  1. Order process

4.1 ESKA takes all reasonable care, in so far as possible, to keep the details of your Order and/ or payment secure, but in the absence of negligence on our part we will not be liable for any loss you may suffer if a third party procures unauthorised access to any Personal Information you provide when accessing or placing an Order on the Website. For more information on how we use and protect your Personal Information, please refer to our Privacy Policy.

4.2 The technical steps to place your Order and create a contract of sale between you and us are, as follows:

  1. a) You place an Order on the Website by pressing the ‘Place Order’ button at the end of the checkout process. You will be guided through the process of placing an Order by a series of simple instructions on the Website.
  2. b) We will send you an email confirming your Order which will detail the Product(s) (including their Product Descriptions) that you have ordered. This email does not constitute an acceptance of your Order by us.
  3. c) As your Order is shipped by us we will send you a despatch confirmation. Upon sending this email, your Order will be taken to have been accepted by us unless we have notified you that we do not accept your Order, or you have cancelled it.
  4. d) Subject to us having accepted your Order, we will then arrange for delivery of it to you at your nominated address (class venue).

4.3 The contract between you and ESKA will be concluded in English and subject to the laws of England and the jurisdiction of the English courts. Title in the Product(s) of your Order (and so risk of loss or damage to such) will pass to you on the date on which we receive payment in full for the Product(s)

4.4 We shall be entitled to supply Products ordered as part of one Order in instalments and each instalment shall be deemed to constitute a separate contract between you and us. This may mean that Products are dispatched or available for collection separately. We also reserve the right to supply only part of an Order.

4.5 Non-acceptance of your Order (or parts of your Order) may be due to any one or more of the following non-exhaustive reasons:

  1. a) a Product you ordered is out of stock;
  2. b) we have identified an error with a Product Description;
  3. c) there is a system or procurement failure;
  4. d) there are restrictions (legal or otherwise) or practices in relation to a Product which prevent us from being able to sell or deliver it to you.
  5. Payment and payment methods on the Website

5.1 We only accept payment for Orders in pounds (£) sterling.

5.2 We only accepted payment on collection at your chosen location by Cash or Cheque. All cheques must be payable to “ESKA”.

  1. VAT and Non-EU Customs

6.1 All Product prices shown on the Website are inclusive of any applicable UK VAT. 6.2 Where you have requested delivery of your Order to an EU country, the total cost of your Order will include UK VAT.

  1. Delivery

7.1 You must provide us with complete details as requested on the checkout page. We cannot be liable for the delivery of your Order to the wrong address or the wrong person as a result of you supplying us with incomplete or inaccurate information.

  1. Contract cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

8.1 If you are an EU customer, you have the right to cancel your contract at any time up to fourteen (14) days after the day on which you receive your Order. If you place an Order for several Products and they are delivered separately then your fourteen (14) days will start the day after you receive the last Product on your Order. Cancellation before dispatch or notification of collection

8.2 If, for any reason, you wish to cancel your contract before your Order has been dispatched or you have been notified that it is available for collection, then you need to let us know. In order to do so, you can let us know by emailing or telephoning ESKA Customer Services team by calling 01603 418751. Once we have received notification by you of your wish to cancel your contract, subject to any monies having been taken from you, we will refund you the original purchase price and delivery charge of your Order within fourteen (14) days. For more information, please see our Refunds Policy below. Cancellation after dispatch or notification of collection

8.3 As it is our policy to try to process your Order immediately it may not always be possible to stop an Order from being dispatched or made available for collection. If you decide to cancel your contract and your Order has already been despatched or you have been notified that it is ready for collection, then you need to let us know within fourteen (14) days after the day on which you receive or collect your Order. You can notify us by using any one of the options identified above. Once we have received notification by you of your wish to cancel your contract, you then have a further fourteen (14) days to return your Order to us. Please refer to “How to return an Item” in our Returns Policy below.

  1. Returns Policy

9.1 Products must be returned in a saleable condition meaning that they must be unused and in their original packaging with garment tags and any other security devices or seals still attached and in tact. We reserve the right to consider the condition of any Product that you wish to return and make the any deductions if there are indications that the Product, its tags, security devices or seals having been used, removed, broken or tampered with.

9.2 Please note that your right to cancel or return a Product does not apply to personalised, perishable or time critical Products. The following list provides some non-exhaustive examples of Products you cannot cancel or return:

  1. a) Products which have been made to measure, altered, or personalised to your specification c) Event tickets; 9.3 Please note that clauses 9.1 and 9.2 do not apply to faulty or incorrectly supplied Products where your statutory rights are unaffected. How to return an item

9.4 You must call 01603 418751 or email offi[email protected] if you need to return an item due to any faults with the product(s).

  1. Refunds policy Refunds on an Order

10.1 Within fourteen (14) days of us receiving your Order back, or receiving proof from you that your Order was returned to us, we will refund you the original purchase price for your Order, provided that you return the Product(s) to us in a saleable condition. The refund of your Order’s original purchase price will be refunded automatically.

10.2 Refunds will be issued back in the same format as the original payment (Cash or Cheque). Promotional discounts and refunds

10.3 If a promotional discount applied to your Order originally, then the same discount will be applied to each Product of your Order that you return. This means that you will only be refunded the amount that you originally paid for your Order or any given Product. Further, any free promotional gift given with an Order must also be returned if you are returning the Product(s) to which the gift related.

  1. Material and Activity Prohibited

11.1 Please choose carefully the material you post on the Website and which you provide to other Users. You must not misuse the Website. You will not: send or otherwise post unauthorised commercial communications to Users (such as spam); upload viruses, trojans, worms, logic bombs or other malicious code; corrupt data; cause annoyance to other Users; post material that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence; use the Website to do anything unlawful, misleading, malicious or discriminatory; facilitate or encourage any violation of these Terms and Conditions.

11.2 We reserve the right, in our sole discretion, to reject, edit or refuse to post any material and to remove any material from the Website, whether or not the material is expressly prohibited by these Terms and Conditions, or to restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability.

11.3 ESKA community areas are subject to the following ‘Community Area Rules’:

  1. a) ESKA advises you not to reveal your Personal Information to anyone else that would allow you to be identified, including but not limited to: telephone number, home address, business address, delivery address or email address.
  2. b) By submitting any material to us, you automatically grant ESKA a royalty-free, perpetual, exclusive right and license to use, modify, edit, adapt, publish, re-use, translate, distribute, perform and display such material in whole or part worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
  3. d) You acknowledge that we are not obliged to publish any material submitted by you.
  4. e) By submitting any material to us, you agree to use the Website in accordance with these Community Area Rules and the Terms and Conditions.
  5. f) If you fail to abide by these Community Area Rules you may be sent an email which informs you why your contribution has been refused or edited.
  6. g) ESKA reserves the right to edit or delete any contribution, or take action against any User, at any time, for any reason.
  7. h) If you do not want to grant ESKA the permission set out above on these terms, please do not submit or share your contribution on the Website.
  8. Linking to the Website

12.1 You must not establish any link to the Website to suggest any form of association, approval or endorsement on our part where none exists or establish a link from any website that is not owned by you.

12.2 The Website must not be framed on any other site, and you may not create a link to any part of the Website other than the home page.

  1. Compliance with Laws

13.1 The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

  1. Liability and Indemnity

14.1 While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

14.2 We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Website. We will not be responsible or liable to you for any loss of material uploaded or transmitted through the Website.

14.3 To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer.

14.4 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for any direct, special, incidental, indirect or consequential damages including loss of profit or loss of opportunity that result from the use of, or the inability to use, the material or Content on the Website or the performance of any Product purchased through the Website or the conduct of other Users of the Website, even if ESKA has been advised of the possibility of such damages.

14.5 The Website may also contain links to other websites, which are not operated by ESKA. When you activate any of these you will leave the Website and we have no control over, and will accept any responsibility or liability in respect of, the material on any website which is not under our control.

14.6 You agree to fully indemnify, defend and hold us and our agents, officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms and Conditions (including Community Area Rules) by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website.

14.7 We may terminate your use of the Website immediately if we consider that you have breached these Terms and Conditions.

14.8 Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

  1. Comments and Complaints Procedure

15.1 Please contact us if you have any comments or complaints by contacting our Customer Services team here or by calling 01603 418751. We will always endeavour to resolve any dispute as swiftly as possible.

  1. General

16.1 We may change these Terms and Conditions at any time. If any clause of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that clause shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of the remainder of these Terms and Conditions which shall continue to have full force and effect.

16.2 We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.

16.3 If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any clause of these Terms and Conditions.

16.4 ESKA reserves the right to amend, remove or vary the Website, any page of the Website, any Content on the Website, or any service offered on the Website at any time and without notice.

  1. Entire Agreement

17.1 These Terms and Conditions govern our relationship with you and supersede any and all preceding and contemporaneous agreements between you and ESKA. Any waiver of any provision of the Terms and Conditions will only be effective if in writing and signed by a Director of ESKA. You confirm that, in agreeing to accept the Terms and Conditions, you have not relied on any representation save insofar as the same has expressly been made a clause of these Terms and Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory tights are not affected by these Terms and Conditions.

  1. Definitions

18.1 The following definitions shall apply to these Terms & Conditions: “Order” means an online transaction made by you via the Website for one or more Products, to which these Terms and Conditions apply. “Personal Information” means the details you provide to us when you use the Website, such as your name, e-mail address, billing address, delivery address, telephone number, Product selections, credit card or other payment information. “Product” means a product displayed for sale on the Website. “Product Description” means that part of the Website where certain terms and conditions in respect of the individual Product are provided which shall include, but not be limited to, all details, prices (cost of the Product and delivery charges), photographic representations and descriptions of a Product. It shall also include, where appropriate, specific delivery dates and times, warranties, after-sales service and guarantees about that Product. “Terms and Conditions” means these terms and conditions. “We”, “us” or “ESKA” means Eastern Shotokan Karate Association. “Website” means the website located at www.eska.co.uk or any subsequent URL which may replace it. “UK” means, for the purposes of these Terms and Conditions, England, Wales, Scotland and Northern Ireland. “Users” means the users of the Website collectively. “You” means a user of this Website.