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 Conditions. 

 

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.

 

2. Availability

 
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 item.

 

3. Prices


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 us.

 

5. Payment


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.

 

6. Delivery


 Delivery of the goods will be made to the address specified by you in your order.

 

7. Returns


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 cost.

 

8. Complaints


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 liability for:-

9.3.1 death or personal injury caused by our negligence;
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 1987; or
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.

 

11 Notices


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 info@sportwales.org.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 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 control


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.

 

13. Transfer


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.

 

14. Waiver


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.

 

15. Severance

 
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 Conditions.

 

16. Amendments

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 goods).

 

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 Wales.