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.aareflex.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.aareflex.co.uk is a site operated by AA Reflex Limited
(we). We are registered in England and Wales under company
number 06745279 and with our registered office at Broadoak
Barn, Bulkeley Hall Lane, Malpas, Cheshire SY14 8BA. Our main
trading address is also Broadoak Barn, Bulkeley Hall Lane,
Malpas, Cheshire SY14 8BA. We are not registered for VAT.
2. Service availability
Our site is only intended for use by people resident in the
Serviced Countries UK. We do not accept orders from individuals
outside the UK and the only language which we offer to you
to use our site and place orders is English.
3. Your status
By placing an order through our site, you warrant that:
- You are legally capable of entering into binding
contracts; and
- You are at least 18 years old;
- You are resident in the UK; and
- You are accessing our site from the UK.
4. How the contract is formed between you and us
4.1 After placing an order
4.1.1 online, you will receive an e-mail from us acknowledging
that we have received your order.
4.1.2 by post by completing the order form available on our
site to download, we will confirm to you that we have received
your order (by e-mail if you provide an address).
4.3 Please note that any acknowledgment of your order by
us does not mean that your order has been accepted. Your order
constitutes an offer to us to buy a Product(s). All orders
are subject to acceptance by us, and we will confirm such
acceptance to you by sending you an e-mail (or where no e-mail
address has been supplied in respect of a postal order, a
letter) 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
and not when you pay by PAYPAL or cheque.
4.4 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.
4.5 We will retain a hard copy of the Contract for a period
of two years.
5. Consumer rights
5.1 Subject always to clause 5.4 below, 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 9).
5.2 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.
5.3 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.
5.4 You will not have the right to cancel a Contract for
the supply of any Product(s) which have been personalised
or customised by us at your request unless the Product(s)
is faulty or we have made a mistake in the personalisation
/ customisation of it.
6. Availability and delivery
6.1 Your order will be fulfilled by the delivery date set
out in the Dispatch Confirmation or, if no delivery date is
specified, then within 30 days of the date of the Dispatch
Confirmation, unless there are exceptional circumstances.
6.2 Please note that we endeavour where possible to supply
personalised / customised products within two to three weeks
from acceptance of your order by us. However this timescale
may be extended around competition times. Please let us know
in the 'Special Instructions' box when checking out if receipt
of the Product is urgent or needs to arrive by a specific
date and we will endeavour to deliver to you by that date
or let you know if we cannot do so.
7. Risk and title
7.1 The Products will be at your risk from the time of delivery.
7.2 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.
8. Price and payment
8.1 The price of any Products will be as quoted on our site
from time to time, except in cases of obvious error.
8.2 These prices exclude delivery costs, which will be added
to the total amount due as set out in our .
8.3 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.
8.4 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.
8.5 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 unmistakeable and could have reasonably been recognised
by you as a mis-pricing.
8.6 Payment for all Products must be by credit or debit card
using PAYPAL, or for postal orders, by cheque. Please note
that payment by you either by PAYPAL or cheque does not mean
that your order is accepted or that a Contract is formed between
us. (Please refer to clause 4.3 for more information regarding
formation of the Contract.) We may reject your order and will
then refund any monies received by us from you within a reasonable
period of time using the method originally used by you to
pay us.
8.7 If you wish to place an order for a customised or personalised
Competition Attire Product we will require a deposit of 50%
at the time you place your order which can be accepted or
rejected by us. If your order is rejected we will refund your
deposit within a reasonable period of time. If your order
is accepted by us we will contact you for the balance of the
cost of your order, which will not be delivered to you until
full payment has been received from you.
9. Our refunds policy
9.1 When you return a Product to us:
- because you have cancelled the Contract between us within
the seven-day cooling-off period (see clause 5.1), 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 item to us. Please note the right to
cancel does not apply to any Product which has been personalised
or customised by us at your request - please refer to clause
5.4 above.
- for any other reason (for instance, because you have
notified us in accordance with paragraph 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.
9.2 We will usually refund any money received from you using
the same method originally used by you to pay for your purchase.
10. Our liability
10.1 If you are contracting as a consumer:
10.1.1 We warrant to you that any Product purchased from
us through our site is of satisfactory quality and reasonably
fit for all the purposes for which products of the kind are
commonly supplied.
10.1.2 Our liability for losses you suffer as a result of
us breaking this agreement is strictly limited to the purchase
price of the Product.
10.1.3 This does not include or limit in any way our liability:
- For death or personal injury caused by our negligence;
- Under section 2(3) of the Consumer Protection Act 1987;
- For fraud or fraudulent misrepresentation; or
- For any matter for which it would be illegal for us to
exclude, or attempt to exclude, our liability.
10.2 If you are contracting as a business:
10.2.1 We warrant to you that any Product purchased from
us through our site is of satisfactory quality and reasonably
fit for all the purposes for which products of the kind are
commonly supplied.
10.2.2 Our liability for losses you suffer as a result of
us breaking this agreement is strictly limited to the purchase
price of the Product.
10.2.3 This does not include or limit in any way our liability:
- For death or personal injury caused by our negligence;
- Under section 2(3) of the Consumer Protection Act 1987;
- For fraud or fraudulent misrepresentation; or
- For any matter for which it would be illegal for us to
exclude, or attempt to exclude, our liability.
10.2.4 We are not responsible for indirect losses which happen
as a side effect of the main loss or damage, including but
not limited to:
- loss of income or revenue
- loss of business
- loss of profits or contracts
- loss of anticipated savings
- loss of data
- loss of data, or
- waste of management or office time
however arising and whether caused by tort (including negligence),
breach of contract or otherwise.
10.3 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.
10.4 Wooden pedestals should only be used when a relevantly
qualified coach is present and according to all user instructions
supplied with them. So far as is permitted by law and subject
always to clause 10.1.3 & 10.2.3 (as applicable) we exclude
liability for any personal injury incurred by failure 16.06.09
to do so.
10.5 Leotard glue should only be used according to any user
instructions supplied. So far as is permitted by law (and
subject always to clause 10.1.3 & clause 10.2.3 as applicable)
we exclude liability for personal injury incurred by failure
to do so.
11. Import duty
11.1 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.
11.2 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.
12. 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.
13. Notices
All notices given by you to us must be given to AA Reflex
Limited at ang@aareflex.co.uk. 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
12. 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.
14. Transfer of rights and obligations
14.1 The contract between you and us is binding on you and
us and on our respective successors and assigns.
14.2 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.
14.3 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.
15. Events outside our control
15.1 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).
15.2 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:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or
threat of terrorist attack, war (whether declared or not)
or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence,
epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft,
motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications
networks.
- The acts, decrees, legislation, regulations or restrictions
of any government.
15.3 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.
16. Waiver
16.1 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.
16.2 A waiver by us of any default shall not constitute a
waiver of any subsequent default.
16.3 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
13.
17. 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.
18. Entire agreement
18.1 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.
18.2 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.
18.3 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.
19. Our right to vary these terms and conditions
19.1 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.
19.2 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).
20. 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 non-exclusive jurisdiction
of the courts of England and Wales.
21. Customised / Personalised Items
We can supply customised / personalised items upon request
by you and at an additional cost as specified on our site.
(Please follow the details on www.aareflex.co.uk/ ). Please
note in respect of customised / personalised Products:
COMPETITION ATTIRE PRODUCTS
- we will endeavour to customise / personalise competition
attire Products to your request and not to use exactly the
same design in exactly the same colour or exactly the same
fabric on another Product but do not guarantee or warrant
that we will not do so or that any such Product is unique
as similarities may arise.
- e may use the same or similar shapes or designs by incorporating
them into a different type of garment or into a different
design or colour scheme.
- you do not have a right to cancel a Contract for any
Product which has been customised or personalised at your
request unless it is faulty or we have made a mistake in
the personalisation / customisation of the Product.
TRAINING WEAR ITEMS & PEDESTALS
- we will endeavour to customise / personalise
training wear or pedestal Products to your request. However
please note that the personalisation / customisation of
training wear and pedestal items is not unique or personal
to you and other customers may order the same design as
you.
- you do not have a right to cancel a Contract for any
Product which has been customised or personalised at your
request unless it is faulty or we have made a mistake in
the personalisation /customisation of the Product.
22. Intellectual Property Rights
The crystal motifs which we use and the training and competition
leotards are our own design and we retain all intellectual
property rights of any kind howsoever arising including without
limitation copyright and design rights in any and all such
items and designs.
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