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Legal terms that apply when using https://www.innosport.co.uk

Innosport Marketplace Limited is owned by a company registered and based in England and Wales (Company number: 13253890).

By accessing and using the website and our services, you accept these terms and conditions in full. We reserve the right to amend these terms and conditions every so often, and you agree to be bound by any modifications, changes, or updates on subsequent visits. If you disagree with any part of these terms and conditions, you must not use our website.

Buyers Terms

The Buyer Terms are aimed at laying down the conditions under which Innosport, through the Services, provides Buyers with the technological tools to purchase products from the registered Vendors (Sellers).

Description of the Services

We provide the Services to you through our Website. They shall consist of a set of tools which enables Buyers to get registered on the Site, liaise with Vendors, place orders for Products, set Product prices, and confirm receipt of Products.

It shall also consist of a rating system which will allow the Buyer to assess the quality of his relations with Vendors.

While Innosport as a service provider helps facilitate transactions that are carried out on the Innosport website, all of the items are purchased from the Vendors named on the Website. Innosport is not the buyer or the seller of the items listed from the Vendors. Innosport provides a service for Vendors and Buyers to negotiate and complete transactions for the purchase of Products and these shall be direct between the Buyer and the Vendor. You are not purchasing the products from us. Accordingly, the contract for the purchase of the products is solely between Buyer and Vendor.  This means that Innosport is not a party to this contract and it is the Vendor (not us) who is legally responsible for selling the products to you. We will not be liable or held responsible for any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller as it is the Vendor that is responsible for the sale of the merchandise.

Accessing our Service

The compliance with the set Conditions of Use and applicable Service Terms give access to the Service to Buyers and is made available free of charge and reserved for strictly personal use.

When using the Service, Innosport grants the Buyer access on a temporary basis and the Buyer declares to act in a private capacity and make personal and non-commercial use of the Innosport Services such as: collection and use of any product listings, descriptions, prices or any other of its contents.

We reserve the right to withdraw or amend the services we provide through the Site without notice. We will not be liable if for any reason any of the Services are unavailable at any time or for any period.

From time to time, we may restrict access to any or all of the Services, to users who have registered with us. Any personal data and other information provided by you is processed by us in accordance with our Data and Privacy Policy. By providing any such personal data or other information you agree to the terms of our Data and Privacy Policy.

When you access the Innosport services and/or submit an order, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically (whether on our behalf or on behalf of the Vendors) satisfy any legal requirement that same communications be in writing.

Disclaimer of Warranties and Limitation of Liability

Innosport declines all responsibility to the fullest extent permitted by applicable laws, for losses that were not caused by any breach on our part. We disclaim responsibility for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or any indirect or consequential losses that were not foreseeable to both you and us when you commenced using Innosport Services. We will not be held responsible for any harm resulting from your use of any part of the Service.

Nothing in these Customer Terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

If, in providing the Services to you, we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control or for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started using the Services. We do not in any way exclude or limit our liability for: 1. death or personal injury caused by our negligence; 2. fraud or fraudulent misrepresentation; 3. any other liability which cannot be limited by law.

Products

Unless stated otherwise, Innosport must not be deemed as the manufacturer of the products sold on Innosport’s website.

While we work to ensure that product information on our website is correct, the descriptions are based on information provided to us by the Vendors (who remain responsible for them) and we cannot guarantee that all details are always accurate, complete or error free. All information about the products on our website is provided for information purposes only. The images of the products on the Website are for illustrative purposes only, and although we attempt to display colours accurately, we cannot guarantee that your computer’s display of the images accurately reflect the true colour of the products. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use.

We do not allow Vendors to offer flawed items or products of lower quality than the corresponding market standards for sale on the Website. If an item you have ordered is not as described, is flawed or of a lower quality, you can return it directly to the Vendor. Innosport accepts no liability for inaccuracies or misstatements about products by Vendors. This does not affect your statutory rights.

As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.

The products sold by the Vendors are supplied for your domestic and private use only. You agree that you will not use the products for any commercial, business or re-sale purposes. You further agree that you will not export, reexport, or otherwise transfer the products to countries or territories that are the target of comprehensive embargoes or sanctions or to parties identified on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons List or the E.U.’s Consolidated Financial Sanctions List. Neither we nor the Vendors have any liability to you for any loss of profit, loss of business, interruption of business, or loss of business opportunity.

Innosport Vendors

As explained above, Innosport is neither the buyer nor the seller of any Vendor’s items and the contract for the purchase of the products is between you and the relevant Vendor. Innosport is acting as a service provider authorised by the Vendors selling on Innosport website to facilitate transactions and to conclude the contract on their behalf. It must be noted that we are not a party to that contract and you are not purchasing the products directly from us.

We request that all Vendors using the Website have and maintain reasonable business policies which comply with our own business policies. Innosport is not responsible for the Vendors’ business policies. If you are unhappy with the product or service you have received from a Vendor, you should contact them directly as they are responsible for the sale of the products and for dealing with any Buyer claims or any other issue arising out of or in connection with the contract between the Buyer and Vendor (Seller).

Orders, prices and payment

By completing the check-out process and placing an order by clicking the “Place Order” button on the checkout page, you are offering to purchase the products from the relevant Vendor (and not directly from us). Each order you place shall be deemed to be an offer by you to purchase the goods is subject to these Terms and Conditions which are incorporated into the contract between you and the relevant Vendor. All orders are subject to availability and confirmation of the order price, which is determined by the relevant Vendor. After entering into the contract for the products with the Vendor, the Vendor will be under a legal duty to supply you with goods that are in conformity with the contract. Risk in the product will remain with the Vendor until it is delivered to you at the address specified when you placed your order.

To order products you must be over 18 years of age and possess a valid credit or debit card (please see section 3 below for details of acceptable payment methods). By placing an order, you are confirming that all details you provide are true and accurate, that you are over 18 years of age, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds in the account to cover the cost of your order. If you are under 18 you may use the Innosport Services only with the supervision of a parent or guardian.

The Website allows you to check your order and correct any errors before completing a purchase. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate (for example, the correct products, quantities, size, colour, etc.).

  • Formation of the contract between you and the Vendor(s).

The identity of the Vendor is shown on the order confirmation page when you place an order. When you place an order to purchase a product from Innosport, you will receive an email confirming receipt of your order. This Order Confirmation E-mail is only an acknowledgement that we have received your order, for information purposes and does not confirm acceptance of your order by the Vendor. If your order is accepted, we will send e-mail confirmation to you, which concludes the contract between you and the Vendor. The confirmation email will include a description of the products purchased in the order and certain other information about your rights to cancel the contract between you and the Partner (please see the relevant section below for further information on your rights to cancel the contract). Only those products listed in the dispatch confirmation email are included in the contract between you and the Vendor.

 

  • Pricing and availability

 

We are doing our very best to ensure that all details, descriptions and prices that appear on the Innosport website are accurate. Despite our best efforts, as this information is provided to us by the Vendors, there may be a small number of the items where errors occur.

If we discover an error in the price of any products that you have ordered, we will inform you of this as soon as possible and, acting on behalf of the Vendor, request whether you want to buy the product at the correct price or cancel your order. If we are unable to contact you, your order will be treated as cancelled. If you cancel and you have already paid for the products, you will receive a full refund as soon as possible.

Delivery costs are not included in the prices and will be charged in addition. The delivery costs (which will include VAT) will vary depending on the products that you have ordered and your delivery address. The delivery costs applicable to your order will be clearly displayed at checkout before you place your order. Where you have requested delivery of your Order to an EU country, the total cost of your Order will include VAT. Where you have requested delivery of your Order to a non-EU country, the total cost of your Order will not include UK VAT.

You accept that item prices in the currencies displayed do not vary according to your location; delivery charges will vary depending on the destination to choose to have the item delivered.

If you are shipping items from a Vendor outside of your territory, you may need to pay import duties upon receipt of the products. Please also be aware that the price of a Product may change at checkout if it is subject to any taxes, duties, fees, levies or delivery charges applied in the country you have selected for delivery of your Order.

You will be the importer for the international delivery of your Order (i.e. any Order delivered to a country other than the UK). Therefore, you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. If any customs requirements apply or charges are due, you agree that these must be borne by you; we have no control over these charges.

Please note that if you return an item, the taxes and import duties will be refunded to you if they were originally included in the purchase price. If they were not included then you will be responsible for reclaiming duty directly from your local customs office.

You have the possibility to create an account for reoccurring purchases. Creating an account is optional.

When ordering from Innosport website you are expected to have acquainted yourself and committed yourself to the terms and conditions valid at the time of purchase.

When you submit your order, we carry out a standard pre-authorisation check on your payment card on behalf of the relevant Vendor, and products will not be dispatched until the details you have provided are verified. All payments related to an Order will be processed by our third-party payment processors Visa, MasterCard, Maestro, American Express, and PayPal (collectively, the “Third-Party Payment Processors”).  Processors handle all the steps in the payment process through their systems, including data processing.

Once we have verified your payment details and the Vendor has accepted and approved your order for delivery, we will email you to inform you of this. In the unlikely event that we or the Partner encounter a problem when processing your order, we will contact you and may possibly request further information to try and resolve the issue. You agree not to hold the Company liable for payments that do not reach us because you have quoted incorrect payment information or the Third-Party Payment Processors refused the payment for any other reason.

Upon submitting your order, you confirm that the payment card that is being used is yours, and you meet the age restrictions for the title purchased. We reserve the right not to submit your order to the Partner, and the Partner reserve the right not to accept your order if, for example, the product ordered is out of stock, has been withdrawn or is otherwise not available, or if we are unable to obtain authorisation for your payment or if you do not meet the eligibility criteria (e.g. you are under 18).

Delivery

We will arrange for the Products that you purchase to be delivered to the delivery address that you specify during the checkout process. You must provide us with complete and accurate delivery address information. For the avoidance of doubt, this includes not only the address that your Order is going to, but also the name of its recipient. The delivery of the Products is the sole responsibility of the Vendors. If you order the Products from several different Vendors, your order may be delivered in separate packages and the delivery time for each package may differ.

Please note that the Vendors do not deliver to P.O. boxes. Any applicable shipping charges will be calculated and displayed to you during the checkout. After the Products have been dispatched, you will receive a shipment confirmation email with a tracking number. We will make every effort to deliver your Order within the estimated timescales. The Vendors will only ship Products to countries located in Europe. The estimated delivery times and fees are indicated on each product page and remain subject to change at Vendors sole discretion. . However delays are occasionally inevitable due to unforeseen factors or events outside our control, for example, material shortages, travel or transportation disruption, import delays or higher-than-anticipated demand.

Please note that the delivery times are estimates only and may depend on the operations of the Sellers and third-party delivery service providers. If you have not receive your Product(s) during the specified delivery times, please contact us and we will look into your order. Innosport shall not be liable for any delay or failure to deliver your Order within the estimated timescales as a result of such delays. Please note that delivery of your Order may take longer during sale or other busy periods.

Returns Policy

We would kindly want to remind of the environmental impact caused by logistics thus we aim to avoid unnecessary deliveries. We are happy to help you to choose the suitable product for you.

If you wish to withdraw from a sales contract, discuss or organise a return, you have to return the Products to the Vendor(s) without undue delay and in any event no later than 14 days from the day on which you acquired, or a third party other than the carrier and indicated by you acquired, physical possession of the Products. If you have ordered the Products from a few different Vendors, you have to return the Products to each Vendor separately and follow each brand’s terms and conditions.

If you receive an item and wish to return it for any reason you must follow the instructions set by the respective Vendor on their store page within the Innosport platform and  also send us an email on contact@innosport.co.uk so we can make sure to facilitate your return and so we know to REFUND YOU.

The Vendor will then provide you instructions on how to return your item and once your item is received back, they will process your refund to your original payment method (PayPal or credit/debit card).

Return postage is your responsibility unless the item is incorrect or faulty, in which case the Vendor will refund the return postage.

Please note that in certain cases the Vendor may reject your return of a product. This would be a case where the product has been used or is returned in bad shape. Innosport put forward its best effort to facilitate the return process and make sure all sides are satisfied.

Cancelling under the Consumer Contracts Regulations

Depending on where you live, you have a legal right to cancel your order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“CCRs”). This means that, during a certain cancellation period, if you change your mind or for any other reason you decide you do not want to keep the purchased products, you can notify us of your decision to cancel the order. Once the products are returned to the relevant Vendor you will receive a full refund, including the original delivery costs; however you will be liable to arrange and cover the full cost of returning the order to the Vendor.

We need written confirmation of cancellation from you, so you will need to get in touch using any of our available contact options to let us know you’d like to cancel your order under the Consumer Contracts Regulations 2013.

Marketing and Informational notices

Before sending you any direct or marketing related messages, such as newsletters, brochures, promotions and advertisements, or contacting you by any other means with the purpose to offer you Products and our services, we will seek your express consent, unless such communications relate to Products and services that are closely related to the Products already purchased by you.

Prohibited Use

You must not use the Innosport website in any manner that breaches any applicable local, national or international law or regulation and in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.  You are prohibited to use the Innosport website for any of the following activities:

  • send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing;
  • breach of copyright, trademark, confidence, privacy or any other right;
  • provision of false, inaccurate, or misleading information;
  • introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful;
  • gambling, including contests, lotteries, games of chance, bidding fee auctions, sports forecasting or odds making, Internet gaming, fantasy sports leagues with cash prizes, and sweepstakes;
  • political campaigning;
  • spreading ethnically, racially, or otherwise objectionable information;
  • cause harm, annoyance, inconvenience or needless anxiety to any person
  • sexually explicit, libellous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behaviour;

Breaching these provisions would constitute a criminal offence under the Computer Misuse Act 1990. We, in compliance with any enforceable law or public order, will report any such breach to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

If you breach any of the Terms and Conditions and/or any Third Party Products and Services’ terms and conditions, you will indemnify us in full against all costs, expenses, liabilities, damages and losses (excluding any indirect, incidental or consequential loss), including any interest, fines and legal or other professional fees and expenses awarded against or incurred or paid by us and/or any member of our group as a result of or in connection with your breach.

Intellectual property rights

We own, or are the licensee to, all right, title and interest in and to the Service, including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from any part of the Service including but not limited to any trademark, logo or other proprietary information (including images, text, page layout, or form) of Innosport without obtaining a written consent from us.

We respect the intellectual property rights of others and we ask our Vendors to do the same. If you are aware that any of your intellectual property rights have been infringed on the Site, please contact us to report the concern.

The rights in the Website and the Content are protected by international copyright laws as well as by any relevant national law concerning copyright, authors’ rights and database right laws. All such rights are reserved.

Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on the Website are in no way associated, linked or affiliated with us. Any trademarks/names featured on the Website are owned by the respective trademark owners.

Indemnification

You agree to fully indemnify, defend and hold harmless Innosport, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, employees, and the Vendors harmless from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms and Conditions by you or any other liabilities arising out of your use of the Service, or the use by any other person accessing the Service using your Innosport Account and/or your Personal Information.

Severability

In the event that any provision of these Terms is determined by any competent authority to be invalid, unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result and the remaining sections and paragraphs will remain in full force and effect.

Waiver

If you breach these Terms and Conditions and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any clause of these Terms and Conditions. If we do waive a breach by you, we will only do so in writing (signed by one of our Directors), and that will not mean that we will automatically waive any later breach by you.

Governing Law, Disputes and Jurisdiction

Contracts for the purchase of goods or services through Innosport website shall be governed by by the laws of England and Wales. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England.

If you are not satisfied with the quality of the Products, you are kindly requested to contact us as soon as possible and express your concerns. We will respond to your request without undue delay.

Miscellaneous

These Terms shall enter into force on the date indicated at the top of the Terms and remain in force until updated or terminated by us or until you stop using Innosport.

Amendments – We may change these Terms and Conditions at any time so please ensure you check the latest version. If you do not agree to any changes in these Terms and Conditions, we advise you to stop using the Innosport Services immediately.

Entire agreement – These Terms and Conditions constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us.

Events outside of our control – We and the Partners will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control.

Contact

For more information, if you have any questions or notices regarding these Terms or if you would like to make a complaint, please contact us by email at

 

Company registration address: 108 Brookfield Road, Ashford, Kent, TN23 4HF, United Kingdom

Company registration number: 13253890

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