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Terms & Conditions European Sports Gear

Welcome to our terms and conditions of sale and delivery

These terms and conditions apply to customers ("Customers") who access the europeansportsgear.com website ("Website"). Please read these terms and conditions carefully before accessing and/or ordering any goods from the Website.

These are the terms and conditions of European Sports Gear Ltd ("ESG"), which is the company that sells goods to Customers on the Website. If you access the Website, and/or place an order for goods, you agree to be bound by these terms and conditions.

ESG Limited's registered address is 119 Aero Way NE Calgary Alberta T2E6KT Canada.

If you have any questions about the Website please contact us at sales@europeansportsgear.com

 

How to order online

1. Select the goods you require from the Website and click 'Add to bag'

2. Choose the quantity of goods you wish to purchase from ESG (default will be one (1) unit). Please note that a limit is set to twenty five (25) units per item. To order quantities greater than 25 units per item, please contact sales@europeansportsgear.com to assist you with your order

3. Review your bag and make sure all specifications such as size (see our sizing chart) and colour fit your requirements, then click "Secure Checkout"

4. If you are a new user, you will need to enter an email address and create a username and password. You must keep your username and password confidential as they allow access to your account. To continue setting up an account you will need to enter your personal details, billing address (which must correspond with your payment card address) and delivery address

5. Once you have set up an account, you will be directed to the shipping confirmation and delivery options page where you may enter voucher codes, select the type of delivery, and vary delivery and/or billing addresses.

6. You will then proceed to the secure payment page where you may select the payment type and complete your order. Your payment will be collected from you by Europeansportsgear Ltd. Following submission of your order you will be sent an automated order acknowledgement to the email address provided.

By placing an order through the Website, you warrant that you are legally capable of entering into binding contracts.

 

How the contract for the goods is formed between you and European Sports Gear

After placing your order you will receive an automated order confirmation. Please note that this does not mean that your order has been accepted. All orders are subject to acceptance by ESG.

You will receive an email confirming that ESG has accepted your order when your order has been processed and is ready for delivery by ESG.

Once ESG accepts your order, a contract to purchase the goods from ESG takes effect between you and ESG.

The contract to sell goods to you only relates to those goods listed in the confirmation email.

Upon receipt of your order, ESG will create an authorisation. This will show on your bank statement as a reservation of funds which allocates the money to your order but this will not be realised until your order has been picked and processed in ESG warehouse. In the event of us not being able to fulfil your order we will immediately request that your bank cancels the authorisation. If the authorisation still remains after several days, please contact your bank to request that they act upon our cancellation of the payment.

 

Our goods

A description of the main characteristics of goods can be found on the product pages of the Website.

Prices for goods on the Website appear on the product pages and exclude all applicable taxes.

Prices and offers may vary and may only be available for limited periods. All prices and offers are subject to availability and may be withdrawn or amended at our discretion. The prices on the Website may differ to prices ielsewhere.

The Website contains a large number of goods and it is possible that, despite our best efforts, some of the goods listed on the Website may be incorrectly priced. If we discover an error in the price of the goods you have ordered we will inform you as soon as possible. We will give you the option of reconfirming your order at the correct price or cancelling it.

ESG is under no obligation to sell incorrectly priced goods to you at the incorrect price.

Some offers carry a maximum quantity per customer. If this is applicable, this is detailed on the individual offer.

  

Data protection and privacy

Any personal information provided to us will be processed in accordance with our privacy policy.

 

Method of payment

You may pay by Mastercard, VISA, VISA Debit, VISA Electron, Maestro, American Express (AMEX), Apple Pay, PayPal, SOFORT, P24, iDEAL, Giropay, Bancontact, Alipay and Gift Cards. Please ensure if you are using a credit card that you provide the card holder's name as it is shown on the card, and the billing address corresponds as it appears on the card statement. Payment will be taken in Candian Dollar (CAD), and if applicable, your card will be charged according to the exchange rate at that time.

  

Delivery

Delivery costs are additional to the displayed price and vary depending on the delivery service you select and the quantity/weight of goods ordered.

Delivery charges will be confirmed to you, before your order is accepted.

If your order is particularly heavy it may be subject to extra delivery charges. If any order is subject to extra delivery charges you will be advised of the additional cost before delivery of your order begins. You have the option to cancel the order if you do not wish to pay any additional delivery costs.

Please note we are unable to deliver to PO Boxes.

 

Split delivery

ESG may split delivery of your order into several parcels based on stock availability. You will not be charged extra for this facility.

 

Returns and exchanges

Please cancel your online order within the cooling off period. You have 14 days to change your mind from the day after you receive your order.

 

Can I cancel any item that I order?

You can cancel any item ordered online in accordance with the terms in this section apart from:

• personalised or bespoke items;

• any items that are sealed for health protection or hygiene reasons if you have unsealed them

• any items that have been inseparably mixed after delivery.

You cannot cancel your contract in respect of made-to-measure/order goods unless they are faulty, damaged upon delivery or incorrect.

Where you have failed to take reasonable care of the goods, we reserve the right to refuse a refund and return the goods to you at your own cost.

 

When do I have to cancel my order by?

Your cancellation period ends 14 days after the day on which the items are delivered to you (or someone you nominate to receive the items for you). If your order consists of multiple items or parts which are delivered on different days, then the cancellation period (in respect of your whole order) ends on the day 14 days after the day on which the last of the items or parts are delivered to you (or a person you have nominated to receive the order).

How do I notify you that I want to cancel my order?

You can cancel by sending an email to sales@europeansportsgear.com or by post to:

ESG Customer Returns

119 Aero Way

NE Calgary

Alberta T2E6KT

Canada

You need to give ESG a clear statement that you would like to cancel which includes your name, address, details of the order you wish to cancel and some contact information such as a telephone number or email address.

You have to use the RMA form on our website. To use the form, simply fill out your details and email it to ESG at the following email address or post it to ESG at the address above.

 

How do I send my items back?

You must return your items by post to ESG Customer Returns, 119 Aero Way,NE Calgary, Alberta T2E6KT, Canada no later than 14 days after the day on which you informed ESG that you would like to cancel your order. Any returns are at your own risk. For your protection, ESG recommends that you return your items via registered post.

You must pay for any return delivery costs, except where the wrong item has been sent to you or the item is defective.

The items need to be in the original packaging where it forms part of the goods, for example, boxed goods, garments and gift items). Where an item has a return policy swing ticket attached, it must still be attached and undamaged upon return. Return postage is at your own cost and risk.

 

How much money will be refunded to me?

ESG Ltd. will refund you in full for any items you return, but will deduct from any reimbursement an amount equal to any diminishment in value of the items as a result of you handling the items beyond what is necessary to establish the nature, characteristics and functioning of the items.

ESG Ltd. will refund you using the same payment method originally used by you to make the payment. You will be refunded no later than 14 days after the day ESG receives the items you are returning back from you.

 

Items that are incorrect or require exchange

Please clearly state on the Returns Form the reason for return and whether you require a refund or exchange. ESG is only able to exchange items for the same product.

ESG advises that you send items back via registered post. The return address is:

 

ESG Customer Returns

119 Aero Way

NE Calgary

Alberta T2E6KT

Canada

Personalised items are non-returnable (unless they are defective). Some items are non-returnable for hygiene reasons. Please note that this does not affect your statutory rights.

Items need to be in the original packaging where it forms part of the goods, for example, boxed garments and gift items. Where an item has a return policy swing ticket attached, it must still be attached and undamaged upon return and sent to ESG at your own cost and risk.

You have a legal obligation to take reasonable care of the items while they are in your possession. If you fail to comply with this obligation, ESG may have a right of action against you for compensation. This applies to all items that are returned.

Once a refund has been issued you will receive a confirmation email detailing the amount which has been refunded and the item(s) ESG has received back. If a refund or reimbursement is payable to you, ESG Ltd. will transfer the money using the same method originally used by you to pay for your purchase.

ESG aims to process all returns as quickly as possible and you should receive confirmation of this within a week of having returned the item. Please note that at busy times of the year such as public holidays, these times may increase.

 

Defective items

In the unlikely event that you receive a defective product, you will be entitled to return the defective item and claim a refund.

If you think you have received a defective item, please return the items back to ESG including details where possible of:

• Your Order Number

• Product Code/Product Name

• Details of the fault

• Whether you would prefer a refund or replacement

 

Returns address

ESG advises that you send items back via registered post. The return address is:

ESG Customer Returns

119 Aero Way

NE Calgary

Alberta T2E6KT

Canada

ESG will examine the returned items and notify you of your refund or repair or replacement via email within a reasonable period of time.

ESG Ltd. will process any refund due to you as soon as possible and, in any case within fourteen (14) days after the day ESG confirms via e-mail that you are entitled to a refund for defective items. The refund will be made to the same payment method originally used by you to make the payment.

Where an item is confirmed as faulty, ESG will bear the reasonable postage costs of returning the items up to the cost of the standard delivery charge. ESG will not refund any Next Day, Express or other premium component of delivery.

If you have a query about returning goods, please contact sales@europeansportsgear.com

 

Warranty and limitation of our liability

If ESG fails to comply with these terms and conditions, ESG shall only be liable to you for the purchase price of the goods and any proven losses that you suffer as a result of ESG 's failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.

ESG will not be liable for losses that result from its failure to comply with these terms and conditions that fall into the following categories:

(a) loss of income or revenue;

(b) loss of business;

(c) loss of profits;

(d) loss of anticipated savings;

(e) loss of data; or

(f) waste of management or office time.

Nothing in these terms and conditions is intended to exclude or limit ESG 's liability for:

(a) death or personal injury caused by ESG's negligence;

(b) fraud or fraudulent misrepresentation;

(c) any other matter for which it would be illegal for ESG to exclude or attempt to exclude its liability.

Whilst ESG adopts industry standard protections against computer viruses, it is not able to warrant that this website is free from computer viruses or any other malicious or impairing computer program.

Nothing in these terms and conditions is intended to affect your statutory rights.

 

Events outside our control

ESG will not be liable or responsible for any failure to perform, or delay in performance of any of its obligations to you that is caused by events outside ESG 's reasonable control (a "Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond ESG's reasonable control and includes (without limitation) the following:

(a) Strikes, lock-outs or other industrial action;

(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

(e) Impossibility of the use of public or private telecommunications networks; or

(f) The acts, decrees, legislation, regulations or restrictions of any government.

In the event of a Force Majeure Event, ESG's performance is deemed to be suspended for the period that the Force Majeure Event continues, and ESG will have an extension of time for performance for the duration of that period. ESG will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations to you may be performed despite the Force Majeure Event.

 

Written communications

Applicable laws require that some of the information or communications ESG sends to you should be in writing. By accessing the Website, you accept that communication with ESG will be primarily electronic through e-mail or notices posted on the Website. For contractual purposes, by accessing the Website you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that ESG provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

 

Intellectual property rights

Unless otherwise specified the intellectual property rights in the contents of all the pages in this website, are owned or licensed to ESG Ltd., or are used with permission from the owner.

The contents of this website may not be copied, reproduced, modified, downloaded or used in any form without our prior written permission.

 

Complaints

ESG takes all feedback very seriously and aims to deal with complaints as quickly and effectively as possible.

For complaints relating to orders placed through the Website please email backoffice. To assist ESG Ltd. in dealing with your complaint, please detail all aspects of the complaint, your order number and your contact details.

 

Our right to vary these terms and conditions

ESG reserves the right to revise and amend these terms and conditions from time to time. You will be subject to the terms and conditions that are in force at the time that you order goods from ESG unless:

• any change to these terms and conditions is required to be made by law or governmental authority, in which case the changes may apply to orders previously placed by you; or

• ESG notifies you of any changes to these terms and conditions before it accepts your order, in which case ESG has the right to assume that you have accepted the change to the terms and conditions unless you notify ESG to the contrary within seven (7) working days of receipt by you of the goods.

 

Safety warning

Physical activities can be hazardous. The selection and use of suitable equipment requires skill, and you should ensure you are appropriately equipped and trained. In the interests of your safety and the safety of others, you should also ensure that you are properly trained in the techniques you will need to employ in pursuit of your chosen activity. ESG recommends that you seek and take the advice of a suitably qualified person before purchasing your equipment. Once purchased, the equipment should only be used in accordance with the manufacturers' instructions and should likewise be inspected before use and properly maintained. Nothing in this notice affects your statutory rights.

 

Governing law and jurisdiction

These terms and conditions shall be subject to Canadian law.

The courts of Canada shall have exclusive jurisdiction over all claims or disputes (whether contractual or non-contractual) arising in relation to, out of or in connection with these terms and conditions including orders for goods.

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