Terms & Conditions
LB Sport and Leisure - General Terms & 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.isfashop.co.uk and lbsportandleisure.co.uk (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.lbsportandleisure.co.uk is a trading name and operated by LB Sport and Leisure. We are based in England. Our main trading address is LB Sport and Leisure,Cedar Technology Centre, Atlantic Street, Altrincham, Cheshire,WA14 5DZ .
Telephone: 07824 440 748 & 0784 377 087.
We are a VAT registered – Number 909 3077 18.
2. Service availability
2.1. While we endeavour to ensure that this site is available 24 hours a day, we shall not be liable if for any reason this site is unavailable at any time or for any period.
3. Your status
By placing an order through our site, you warrant that:
3.1.1. You are legally capable of entering into binding contracts; and
3.1.2. You are at least 18 years old;
3.1.3. You are a UK resident
4. How the contract is formed between you and us
4.1. 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.
4.2. 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.
5. Our Status
5.1. [Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.]
5.2. [We may also 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. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.]
6. Consumer rights
6.1. 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 clause 12 below). We do not offer an exchange or refund policy on garments which have been embroidered or printed to your specific requirements unless they are faulty or incorrectly personalised. Once you have confirmed your order you are committed to purchase the garments.
6.2. To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. 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.
6.3. 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.
7. Availability and delivery
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
8. Risk and title
8.1. The Products will be at your risk from the time of delivery.
8.2. 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.
9. Price and payment
9.1. The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
9.2. These prices include VAT but exclude delivery costs
9.3. Prices and delivery charges/methods 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.
9.4. The Website contains a large number of goods and it is possible that, despite our best efforts, some of the goods listed on the Website may be incorrectly priced. If we discover an error in the price of the goods you have ordered we will inform you as soon as possible. We will give you the option of reconfirming your order at the correct price or cancelling it.
9.5 Prices and offers may vary and may only be available for limited periods. All prices and offers are subject to availability and may be withdrawn or amended at our discretion. The prices on the Website may differ to prices in our catalogues or elsewhere.
We are under no obligation to sell incorrectly priced goods to you at the incorrect price if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an error.
Ownership of the goods will pass to you when we receive full payment. The goods will be at your risk from the time of delivery.
Some offers carry a maximum quantity per customer, if applicable; this is detailed on the individual offer.
10. Product Information
10.1. We have made all reasonable efforts to accurately display the colours, designs and sizes of the Products for sale on our site. You acknowledge and accept that designs, colours, shapes and patterns shown on the site are approximate only. Colours in particular may differ due to your own computer’s visual settings and hardware.
10.2. If the Products you have ordered are not available in the colour, design or size you have requested we will notify you of the colours, designs or sizes currently available. Your order will not be accepted and you may then resubmit your order for the Products in an available colour.
10.3. You acknowledge that you do not rely on any representation and/or warranty that have not been made in accordance with these terms.
11. Intellectual Property Rights
11.1. All and any intellectual property rights (including but not limited to all current and future patents, database rights, copyright, design rights, trademarks and other similar rights wherever existing in the world whether registered or unregistered together with the right to apply for protection of the same) in connection with the Products and the site shall be owned by us absolutely.
12. Our refunds policy
12.1. When you return a Product to us:
12.1.1. because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1 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, excluding the cost of sending the item to you. You will be responsible for the cost of returning the item to us.
We do not offer an exchange or refund policy on garments which have been embroidered or printed to your specific requirements unless they are faulty or incorrectly personalised. Once you have confirmed your order you are committed to purchase the garments
12.1.2. for any other reason (for instance, because you have notified us in accordance with paragraph 22 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.
12.2. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
13. Our Warranty and limitation of our liability
13.1 We warrant to you that any goods purchased from us through our website will be of satisfactory quality, comply with descriptions on our website and be reasonably fit for all the purposes for which goods of the kind are commonly supplied.
13.2. Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
13.3. This does not include or limit in any way our liability:
13.3.1. For death or personal injury caused by our negligence;
13.3.2. Under section 2(3) of the Consumer Protection Act 1987;
13.3.3. For fraud or fraudulent misrepresentation; or
13.3.4. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
13.4. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us, including but not limited to:
13.4.1. loss of income or revenue
13.4.2. loss of business
13.4.3. loss of profits or contracts
13.4.4. loss of anticipated savings
13.4.6. loss of data, or
13.4.7. waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; provided that this clause 13.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 13.1 or clause 13.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 13.4.
13.5. [Where you buy any Product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.]
14. Import duty
14.1. 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.
14.2. 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.
15. 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.
All email notices given by you to us must be given to firstname.lastname@example.org 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 clause 15 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.
17. Transfer of rights and obligations
17.1. The Contract between you and us is binding on you and us and on our respective successors and assigns.
17.2. 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.
17.3. 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.
18. Events outside our control
18.1. 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).
18.2. 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:
18.2.1. Strikes, lock-outs or other industrial action.
18.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
18.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
18.2.4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
18.2.5. Impossibility of the use of public or private telecommunications networks.
18.2.6. The acts, decrees, legislation, regulations or restrictions of any government.
18.3. 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.
19.1. 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.
19.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
19.3. 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 clause 14 above.
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.
21. Entire agreement
21.1. 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.
21.2. We each acknowledge that, in entering into a Contract, neither of us has relied on 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 except as expressly stated in these terms and conditions.
21.3. 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.
22. Our right to vary these terms and conditions
22.1. 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.
22.2. 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).
23. Law and jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
24. Data protection and privacy