Terms & Conditions - George Donald (warehouseman) Ltd. (trading as excell-sports.com)
Please note that by ordering any of our products, you are agreeing to be bound by these terms and conditions and all other documents referred to in it.
We, George Donald (warehouseman) Ltd., operate this website, excell-sports.com. Our registered office is located at George Donald (warehouseman) Ltd., 7 St Andrew Street, Peterhead, Aberdeenshire, AB42 1DS and our Registered in Scotland company number is 31200. Our UK VAT number is 265 5597 20. excell-sports.com is operated from 39-41 Queen Street, Peterhead, Aberdeenshire, AB42 1TP. If you feel the need to contact us at any time then all contact details can be found on our ?Contact Us? page.
Access to excell-sports.com is permitted on a temporary basis and we reserve the right to amend or withdraw any services at any time without prior notice. We will not be liable if for any reason this site is unavailable for any period of time and from time to time we may limit access to some parts of the site.
You must not misuse this website; this includes you not committing or encouraging a criminal offence; transmitting or distributing any virus, trojan, worm, logic bomb or any other material which can be viewed as malicious or technologically harmful; hack into any aspect of the site; corrupt data; cause annoyance to other users; infringe upon the rights of another person?s proprietary rights; send any unsolicited advertising or promotional material commonly referred to as ?spam?; or attempt to affect the performance or functionality of any computer facilities accessed through this site. Breaching any of these would constitute a criminal offence and George Donald (warehouseman) Ltd. will not hesitate to report any such behaviour to the relevant law enforcement authorities and will disclose your information to them.
The intellectual property rights in all software and content made available to you through this website remains the property or George Donald (warehouseman) Ltd or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by George Donald (warehouseman) Ltd and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or reproduce any of the content or copies of the content supplied to you in any format or which appears on this site. Also, you may not use any such content in connection with any business or commercial enterprise.
The images of the products on our site are for illustrative purposes only. Although we have made every effort to display the products accurately, we cannot guarantee that your computer?s display of the colours accurately reflect the colour of the products. Your products may vary slightly form these images.
All products shown on our site are subject to availability. We will inform you as soon as possible if any products that you have ordered are not available and we will not process your order for these.
The packaging of the products may vary from that shown in images on our site.
You may only purchase products from our site if you are aged 16 years old or older. Certain products on our site may only be purchased if you satisfy the legal age requirement of 18 years old if such a requirement exists.
As a customer you have the legal rights in relation to any products that are faulty or not as described. Information about the return of products can be found in our ?Returns Policy? and further information about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office. Nothing in these terms will affect these legal rights.
All products are inclusive of VAT where applicable at the current rate chargeable in the UK. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT that you pay unless you have already paid for the products in full before the changes take effect.
After you place an order with us, you will receive an e-mail from us acknowledging that we have received your order; this email will only be an acknowledgement and does not mean that we have accepted your order. Any contract between us will not be formed until we send you an email confirmation that the products you have ordered have been dispatched to you. If we are unable to supply you with a product for whatever reason then we will inform you of this and we will not process your order. If you have already paid for the products, we will refund you as soon as possible and in any event within 14 days of: your cancellation or the day we receive the products back from you. Our order process allows you to check your order before submitting it to us; we request that you check the order at this stage to ensure that you amend any errors before submitting.
Full details of your right to cancel and the procedures to return an order can be found in our ?Returns Policy?, as outlined in the policy you will not have the right to cancel an order for any personalised products and some items such as underwear are non-returnable for hygiene reasons.
Your order will be fulfilled by the delivery method you have requested. The timings of these deliveries will be as advised unless there is an event outside our control. Delivery of the products will be completed to the address you give to us via Royal Mail. You own the products once we have received payment in full, including any delivery charges and the products will become your responsibility upon the completion of delivery.
As outlined in the ?Delivery Details? page on this website, the International Delivery rates and relevant countries outlined in the link. There may be restrictions on some of our products to certain international countries outside of the European Union. If you order products form our site for delivery to an international delivery destination then your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges, cannot predict the amount and you will be responsible for the payment of any such import taxes or charges. We advise that you contact your local customs office for further information prior to placing your order. You must comply with all applicable laws and regulations of the country for which you have selected delivery. We will not be responsible if you break any such laws.
The prices of products listed on excell-sports.com may change from time to time and we reserve the right to do so at any time and without prior notification, however if we have already confirmed your order with a dispatch confirmation then you?re order will not be affected. The prices of products on excell-sports.com do not include delivery charges. Our delivery charges are as quoted on our site at the time of your order, full details of all delivery charges and services are available on the ?Delivery Details? page of this site.
There are a large number of products on excell-sports.com and it is always possible that despite our best efforts, some of the products on our site may be incorrectly priced. We regularly check our site to check that all prices are accurate and will normally check all prices prior to dispatch. If we find that a product you have ordered has a correct price of less than the price that is stated on our site then we will charge the lower amount when dispatching the products to you. If the product?s correct price is higher than the price stated on our site then we will contact you as soon as possible to inform you of this error and to give you the option of continuing the purchase at the correct higher price or cancelling your order. If for whatever reason we are unable to contact you then we will treat your order as cancelled.
You can pay for products on excell-sports.com by using a debit card, credit card, PayPal and Amazon Checkout. Payment for the products and any delivery charges will be taken when your goods are dispatched.
We are not responsible for any loss or damage that is not foreseeable. Loss or damage is only foreseeable if they were an obvious consequence of our breach or these terms. We do not supply products for re-sale purposes and we therefore have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity. We do not in any way exclude or limit our liability for: death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, any breach of the terms implied by the Sale of Goods Act 1979 and defective products under the Consumer Protection Act 1987.
We are not liable or responsible for any failure to perform or delay in performance of any of our obligations under a contract that is caused by an event outside our control. An event outside our control means any act or event beyond our reasonable control including strikes, lock-outs or any other industrial action by third parties, civil commotion, riots, invasions, terrorist attacks or the threat of a terrorist attack, war (whether declared or not) or the threat of preparation of war, fire, explosion, storm floods, earthquakes, subsidence, epidemic, extreme weather or any other natural disaster or failure of public or private telecommunications network or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. If an event outside our control occurs that affect the performance of our obligations under a contract then we will contact you as soon as possible to notify you and our obligations under any contract will be suspended and the time for completion of our obligations will be extended for the duration of the event outside our control. Where any event outside our control affects the delivery of products to you, we will arrange a new delivery date with you after the event outside our control is over.
If at any time we mention the need to contact you ?in writing?, this may come in the form of an e-mail. Full contact details for excell-sports.com can be found on the ?Contact Us? page of this site.
We may transfer our rights and obligations under a contract to another organisation but this will not affect your rights or our obligations under these terms. You may only transfer your rights or your obligations under these terms to another person if we agree in writing. This contract is between you and us and no other person shall have nay rights to enforce any of its terms.
Each paragraph of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable then the remaining paragraphs will remain in full effect. If we fail to insist that you perform any of your obligations under these terms or if we do not enforce our rights against you or if we delay in doing so then that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you then we will only do so in writing and that will not mean that we will automatically waive any later default by you.
These terms and conditions are governed by and constructed in accordance with the law of Scotland. This means a contact for the purchase of products from excell-sports.com and any disputes or claims arising out of or in connection with it will be governed by Scottish law. You and we both agree that the courts of Scotland will have non-exclusive jurisdiction. However if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland or if you are a resident in England and Wales you may bring proceedings in England and Wales.