Conditions for Sale of Goods ("Conditions")
These Conditions relate to goods supplied to you by or on behalf
of The Sports Council for Wales (trading as "Sport Wales") through
the sportwales.org.uk website or as a result of any other method of
distance selling. Please read these Conditions carefully
before using the website or purchasing any goods from us by any
other method of distance selling. By using the website, or by
offering to purchase goods from us by any other method of distance
selling, you signify your agreement to be bound by these
1. The contract between us and you
Your order is an offer to buy the goods from us. There will
be no contract of any kind between you and us unless and until we
actually dispatch the goods to the delivery address. At any
point up until then, we may decline to supply the goods to you
without giving any reason. At the moment the goods are
dispatched, a contract will be made between you and us.
Any information we supply to you about the availability of goods
is an estimate only. We cannot be more specific about
availability. If we give a dispatch estimate, it will not be
a guarantee of the dispatch time and should not be relied upon as
such. As we process your order, we will inform you if any
goods you have ordered turn out to be unavailable. If for any
reason we are unable to supply a particular item, we will not be
liable to you except to ensure that you are not charged for that
Prices payable for the goods that you order will be made known to
you before you place your order and will be confirmed to you in our
invoice. Prices are in pounds sterling. If, by mistake,
we have under-priced an item we will not be liable to supply that
item to you at the stated price even if you have already paid our
invoice and we will, at our discretion, either contact you for
instructions before dispatch or cancel your order and notify you of
such cancellation. If your order is cancelled for any reason
before we have dispatched the goods, we will refund any sums paid
by you to us for the goods.
4. Duties and Taxes
All our prices are expressed inclusive of any VAT payable unless
otherwise stated. When ordering goods from us for
delivery overseas, you may be subject to import duty and taxes
which are levied once the goods reach the overseas
destination. Any additional charges for such duties and
taxes, whether for customs clearance or otherwise, must be borne by
you. We have no control over these costs and cannot predict what
they will be. If you are an overseas customer, you should
check with your local customs office before placing the order with
You must make payment in full to us before we will dispatch the
goods to the delivery address. If required by you, we will
issue you with an invoice prior to payment and, in any event, upon
payment we will issue you with a receipted invoice. We only
will accept payment in pounds sterling.
Delivery of the goods will be made to the address specified
by you in your order.
7.1 If you want to return the goods for any reason, you must
return the goods in secure packaging to the person or organisation
we specify, using the pre-paid label supplied with the goods.
7.2 If you want to return the goods to us because they are
damaged, you must notify us within seven (7) working days of
delivery. If you do this, you will need to return the goods
using the pre-paid label supplied with the goods. We will
inspect the goods upon receipt and, at our expense, send you a
replacement if we agree the goods were damaged.
7.3 You have the right to cancel the contract with us and
return the goods to us if, within seven (7) working days of
delivery, you give us written notice of your wish to cancel.
Such a notice can be given to in accordance with clause 11.
If you do this, we will (within thirty (30) days) refund all sums
paid by you to us for the goods. If you cancel in this way,
you will be responsible for the cost of returning the goods and the
goods must be returned in original condition. You must return
the goods in secure packaging and using the pre-paid label as set
out in clause 7.1. If the goods are not received back from
you we may arrange for collection of the goods from you at your
Please write to us at The Secretariat, Sport Wales, Sophia
Gardens, Cardiff, CF11 9SW if you have any complaint about the
goods or our service in supplying the goods to you.
9. Our liability
9.1 Subject to clause 9.3, if we fail to comply with these
Conditions, we shall only be liable to you for the purchase price
of the goods and, subject to clause 9.2, any losses that you suffer
as a result of our failure to comply (whether arising in contract,
tort (including negligence), breach of statutory duty or otherwise)
which are a foreseeable consequence of such failure.
9.2 Subject to clause 9.3, we will not be liable for losses
that result from our failure to comply with these Conditions that
fall into the following categories even if such losses result from
our deliberate breach:-
9.2.1 loss of income or revenue;
9.2.2 loss of business;
9.2.3 loss of contracts;
9.2.4 loss of profits;
9.2.5 loss of anticipated savings;
9.2.6 loss of goodwill or data; or
9.2.7 waste of management or office time.
However, this clause 9.2 will not prevent claims for loss of or
damage to your tangible property that are foreseeable or any other
claims for direct loss that are not excluded by categories 9.2.1 to
9.2.7 inclusive of this clause 9.2.
9.3 Nothing in these Conditions excludes or limits our
9.3.1 death or personal injury caused by our
9.3.2 fraud or fraudulent misrepresentation;
9.3.3 any breach of the obligations implied by section 12 of
the Sale of Goods Act 1979;
9.3.4 defective products under the Consumer Protection Act
9.3.5 any other matter for which it would be illegal for us
to exclude or attempt to exclude our liability.
9.4 You will be responsible to us for our losses and costs
resulting from your breach of these Conditions
10. Written communications
Applicable laws require that some of the information or
communications we send to you should be in writing. When
using our website, 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 notices given by you to us must be given to The Secretariat,
The Sports Council for Wales t/a Sport Wales at Sophia Gardens,
Cardiff, CF11 9SW or email@example.com. 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 10. Notice will be deemed received and
properly served immediately when posted on our website, twenty-four
(24) hours after an e-mail is sent, or three (3) 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.
12. Events beyond our reasonable
We will not be responsible for any delay or failure to comply with
our responsibilities under these Conditions if such delay or
failure is caused by circumstances beyond our reasonable control.
This does not affect your statutory rights.
Your rights and obligations under these Conditions are personal to
you and you may not assign or otherwise transfer such rights and
obligations to a third party. No third party to whom you purport to
assign or otherwise transfer your rights and obligations will have
any enforceable rights against us.
If you breach these Conditions, and we choose to ignore the
breach, we will still be entitled to use our rights and remedies in
any other situation where you breach these Conditions.
If any of these Conditions is ruled void, invalid or for any other
reason unenforceable, that Condition shall be severed and will not
affect the validity and enforceability of the remaining
16.1 We have the right to revise and amend these Conditions
from time to time.
16.2 You will be subject to the Conditions in force at the
time you order goods from us, unless any change to these 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 these Conditions before the goods are
dispatched (in which case we have the right to assume that you have
accepted the change to these Conditions, unless you notify us to
the contrary within seven (7) days of receipt by you of the
17. Data Protection
We will only use the personal information you provide to us to
supply you with the goods (if necessary via our agents or
sub-contractors) or to inform you about other goods or services
which we provide, unless you tell us that you do not want to
receive this information.
18. Entire agreement
18.1 These Conditions constitute the whole agreement
between us and supersede all previous discussions, correspondence,
negotiations, previous arrangement, understanding or agreement
between us relating to the subject matter of any contract.
18.2 We each acknowledge that, in entering into a contract,
neither of us relies on, or will have any remedies in respect of,
any representation or warranty (whether made innocently or
negligently) that is not set out in these Conditions.
18.3 Each of us agrees that our only liability in respect
of those representations and warranties that are set out in these
Conditions (whether made innocently or negligently) will be for
breach of contract.
19. Law and Jurisdiction
These Conditions and any contract for the purchase of goods
through our website 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
the law of England and Wales. Any dispute or claim arising
out of or in connection with such contract or its formation
(including non-contractual disputes or claims) will be subject to
the exclusive jurisdiction of the courts of England and Wales.
20. Our details
The website, sportwales.org.uk, is owned and is the sole
property of the Sports Council for Wales, t/a Sport Wales, a
company established by Royal Charter, whose principal office is at
Sophia Gardens, Cardiff, CF11 9SW. Where the context so permits,
the words "we", "our" and "us" refer to the Sports Council for