TERMS AND CONDITIONS
In its most simple form; our terms and conditions are very straightforward. We’ll be straight with you and hope you’ll be straight with us. We’ll do everything we can to help you and get you what you want. Everything will be MAHvellous and we’ll all MARCH forward together.
But life never can be quite as simple as you might wish. There are lots of rules and regulations and as a result, we have also had to set out some detailed terms and conditions below. Whilst they apply to our business we’re pretty sure we’ll never need to rely on them because, as above, everything will be hunky dorey!
1. OUR AGREEMENT
1.1 Acceptance of Terms
These terms and conditions (“Terms”) are the terms on which We provide the Products and any Services to You. Please read these Terms carefully before ordering.
1.2 Changes to Terms and Services
We may change these Terms for legal, regulatory, security or other reasons by amending these Terms at any time.
1.3 The ordering process and order confirmations
Your Order constitutes an offer to Us to buy the Product/Services. All orders are subject to availability and to acceptance by Us. We will send You an email acknowledging receipt of Your Order. Please note that this does not constitute acceptance by Us. The contract for purchase of the Product/Services is only formed when We send You an email confirming Dispatch.
1.4 Terms used in this Agreement
Highlighted terms in this Agreement shall have the following meanings:
“Agreement” the contract between You and Us as set out in these Terms;
“Distance Selling Legislation” the Consumer Protection (Distance Selling Regulations 2000 and any subsequent Legislation of Regulations
“Events beyond Our control” events beyond Our reasonable control including without limitation;
“The Services” specific services agreed between You and Us agreed as such at the time of Your Order, in addition to the provision of Products;
“We/Us/Our” The Multisport Adventure Racing CHallenge LLP, including where appropriate Our employees and authorised agents;
“Working Days” a day which is not a Saturday, Sunday or a Bank Holiday in the UK;
“You/Your” a consumer who makes an order for the provision of Products or Services.
1.5 These Terms are only available in the English language
2. GENERAL INFORMATION ABOUT US
2.1 We are The Multisport Adventure Racing CHallenge a Limited Liability Partnership registered in England and Wales under registration number OC361154 Our registered address is 40 Walford Road, London, N16 8ED.
2.2 If You have any questions, complaints or comments about this Website/the Service then please contact Us on Cameron@MARCHadventureracing.com.
2.3 Our VAT number is not yet registered as we are below the VAT registration threshold.
3. YOUR USE OF THE WEBSITE
3.1 Your promises to Us
You confirm that:
3.1.1 You are over 18;
3.1.2 all information and details provided by You to Us (including on registration) are true, accurate and up to date in all respects and at all times.
3.1.3 You will comply with the restrictions on Your use of the Website as set out in these Terms; and
3.1.4 In relation to any material submitted to or posted on the Website by You that You have the right to do so and have obtained all necessary licences and or approvals.
3.2 You acknowledge that We have limited control over the nature and content of information and programs transmitted or received by You or other Users of the Website. You agree to compensate and defend Us fully against any claims or legal proceedings brought against Us by any other person as a result of Your breach of these Terms.
3.3 If We take legal action against You for non-payment or any other breach of these Terms and a court makes an award in Our favour You will be responsible for all costs allowable by the Courts.
3.4 User conduct
You agree that in using the Website You will not:
3.4.1 use the Website for any unlawful purpose;
3.4.2 use the Service in any way that interrupts, damages, impairs or renders the Website less efficient;
3.4.3 transfer files that contain viruses, trojans or other harmful programs;
3.4.4 access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the Website security measures;
3.4.5 email or otherwise disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise;
3.4.6 advertise or promote third party or Your own products or services including by way of the distribution of ‘spam’ email; or
3.4.7 use the Website/Service for any purpose other than Your personal use.
3.4.8 We reserve the right to suspend, restrict or terminate Your access to the Website at any time without notice if We have reasonable grounds to believe You have breached any/committed a serious breach of these restrictions. This shall not limit Our right to take any other action against You that We consider appropriate to defend Our rights or those of any other person.
3.5 Rights granted and rights reserved
3.5.1 Your use of the Website and its contents grants no rights to You in relation to Our intellectual property rights including, without limitation, copyright trade marks, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties in the Website/ Service and its contents.
3.5.2 You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, Web pages or materials on the Website or the computer codes of elements comprising the Website other than for Your own personal use. Subject to the above, You may download insubstantial excerpts of this content to Your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.
3.5.3 Any use other than that permitted under this clause may only be undertaken with Our prior express authorisation.
3.5.4 By submitting information, text, photos, graphics or other content to Us via the Website/Service, You grant Us a right to use such materials at Our own discretion in any media including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from the Website.
3.6 Links to and from other Websites
3.6.1 You may not establish links to this Website.
4. GOODS/PRODUCTS
4.1 Prices and payment
4.1.1 The price of a Product shall be as stated on this Website at the time You place Your order except in the case of obvious error. We try and ensure that all prices on Our Website are accurate but errors may occur. If We discover an error in the price of a Product You have We will inform You as soon as possible and give You the option of reconfirming Your order at the correct price or cancelling it. If You cancel no payment will be taken from Your card.
4.1.2 Prices shown are inclusive of UK Value Added Tax.
4.1.3 Prices do not include delivery.
4.1.4 We accept payment by debit or credit card only
Payment will be debited from Your account at the time of or shortly before despatch of the Product to You.
You confirm that the credit/debit card that is being used is Yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of Your card refuses to authorise payment We will not accept Your order and We will not be responsible for any delay or non-delivery and We are not obliged to inform You of the reason for the refusal.
We are not responsible for Your card issuer or bank charging You as a result of Our processing of Your credit/debit card payment in accordance with Your order.
4.2 Delivery and ownership
4.2.1 Products will be dispatched by airmail unless You specify an alternative Delivery Option.
Prices shown on the Website do not include delivery. Our Delivery Charges are set out as part of the payment mechanism, you will be asked whether you wish to continue with the purchase after seeing the delivery charges
4.2.2 We shall endeavour to dispatch the Product to You as soon as possible after You place Your order and in any event within 30 days beginning on the day after You place Your order. If We are unable to dispatch the Product within that time We will email to let You know and to give You an estimated delivery date. In these circumstances You have the right to cancel the order and receive a full refund.
4.2.3 As soon as the Product is delivered to You, You are responsible for it.
4.2.4 We want You to be happy with Your purchase from Us. If You are unhappy with the Product in any way please contact us through this website.
4.3 Cancellation, returns and refunds
4.3.1 You have certain rights under the law. These include:
• that any Products supplied by Us will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Website;
• certain remedies if a Product is defective; and
• a right to cancel your order within seven Working Days, beginning the day after the day on which You receive the Product, and to receive a full refund, even if the Product is not defective. This right is subject to certain conditions and exceptions (see “Return of non faulty goods” below).
Nothing in these Terms is intended to affect these statutory rights. For more information about Your statutory rights contact Your local citizens Advice Bureau or Trading Standards Office.
4.3.2 Return of non-faulty goods
We hope You will be happy with Your purchase from us. If not, You have the right to return the Product to Us and receive a full refund provided:
• You notify Us in writing that You are cancelling Your purchase no later than the seventh Working Day after the day on which You received Your Product;
• You have taken reasonable care of the Product prior to return – in particular this means they must not have been damaged, washed, altered or worn and that any labels or tags should not be removed.
• You may give Us notice of cancellation by any written means (including email, fax or letter), but it will speed up the process for You and Us if You contact Us by email.
• You will be responsible for the cost of returning the Product to Us, unless it is faulty, incorrect or misdescribed.
• Please return the Product in suitable packaging to ensure it reaches Us in good condition.
We will refund the purchase price and original delivery charge of any goods returned no later than 30 days from the day when You give Us notice of cancellation.
Please note that if You fail to take reasonable care of returned Products, or fail to return the Product to Us, We will be entitled to make a claim against You for any losses which We suffer.
Please note that You do not have the right to return the following types of Products, unless they are faulty or have been misdescribed:
• Perishable goods for example food];
• Products which have been made to Your specification or personalised for You;
• CDs, videos, DVDs, computer software and/or computer games unless the shrink wrapping is intact; and
• newspapers, magazines or periodicals.
4.3.3 Return of faulty goods
If a Product is faulty or does not meet the description given on the Website at the time You placed Your order, please contact Us as soon as possible on email. We will refund the purchase price, delivery charge and any reasonable costs You incur in returning it to Us.
We recommend that returned Products are sent via insured, traceable delivery service.
5. OUR LEGAL OBLIGATIONS AND LIMITS ON OUR LIABILITY
5.1 You have certain rights/rights under the law. These include:
• that any Products supplied by Us will be of satisfactory quality and fit for their intended purpose;
• that We will provide the Services to a reasonable standard and within a reasonable time.
Nothing in these Terms is intended to affect these statutory rights. For more information about Your statutory rights contact Your local Citizens Advice Bureau or Trading Standards Office.
5.2 If We breach these Terms We shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, up to a maximum of £200. Losses are foreseeable where they could be contemplated by You and Us at the time of entering into this Agreement.
5.3 We are not responsible for:
• losses not caused by Our breach;
• indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by You and Us at the time of entering into this Agreement, for example loss of profits or loss of opportunity;
• failure to provide the Service or to meet any of Our obligations under this Agreement where such failure is due to Events Beyond Our Control.
“Events Beyond Our Control” means any cause beyond Our reasonable control which prevents Us from providing the Service or fulfilling any of Our other obligations under this Agreement and includes but is not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God.
5.4 Our total liability to You for any loss or damage arising in connection with this Agreement shall be limited to £200.
6. GENERAL
6.1 Transfer of this Agreement and Guarantees
6.1.1 We may wish to transfer Our rights or obligations or sub-contract Our obligations under this Agreement to another other legal entity. You agree that We may do so provided that:
• this will not adversely affect the standard of Service You receive under this Agreement; and
• in the case of transfer only, after We notify You of the date on which We will transfer Our rights and obligations under this Agreement to another legal entity, Your only rights under or in connection with this Agreement will be against the new legal entity and not against Us.
6.1.2 This Agreement is personal to You. You may not transfer Your rights or obligations under this Agreement to anyone else.
6.2 Waiver – type provisions
If You breach these Terms and We take no action against You, We will still be entitled to use Our rights and remedies in any other situation where You breach these Terms.
6.3 Severance – type provisions
If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
6.4 Third party rights – type clause
These Terms are not intended to give rights to anyone except You and Us. This does not affect Our right to transfer this Agreement under clause 6.1.
6.5 Disputes
We will do Our best to resolve any disputes over this Agreement. If You wish to take court proceedings against Us You must do so within the United Kingdom. Relevant United Kingdom law will apply
7. PERSONAL DATA AND PRIVACY
7.1 Data collection notice
Tailor as appropriate
We collect Your Data when:
7.1.1 You place an order;
7.1.2 You make a complaint or enquiry or provide other feedback to Us;
7.1.3 You submit an entry to a competition or prize draw; or
7.1.4 You disclose Your Data to Us or otherwise through the Site at any other point.
7.2 How We use Your data
Tailor as appropriate
We use Your Data to:
7.2.1 process the registration of Your on-line account and maintain Your on-line account;
7.2.2 process and complete orders You place via the Site;
7.2.3 process and deal with any complaints or enquiries made by You;
7.2.4 monitor, develop and improve the Site and Your experience;
7.2.5 investigate any suspected breach of the Terms and Conditions of Use and Terms of Trade as relevant made by or otherwise relating to You;
7.2.6 where (and only where) requested by You, to send You and keep You updated with information by email about existing and new services and special offers from Us
7.2.7 where (and only where) requested by You, to send You information by email about related products or services of selected third parties that may be of interest to You
7.2.8 where You are a prize winner, to publish or otherwise make available a list of prize winners.
7.2.9 To opt-out of receiving any information You can:
7.2.9.1 amend, if applicable, Your preferences accordingly in Your on-line account;
7.2.9.2 use the facility contained in any such communication; or
7.2.9.3 email Us stating Your User Name. and wish.
7.3 Cookies
7.3.1 For more information on cookies and how to disable them, You can consult the information provided by the Interactive Advertising Bureau at www.allaboutcookies.org.
