Terms and Conditions (clothing only)

TERMS AND CONDITIONS

Welcome to our cricket team clothing store! Cricket Haven provides products and services to you subject to the following conditions. If you visit or enquire from our web site, you accept these conditions. Please read them carefully. Throughout these Terms and Conditions the term we refers in all instances to Cricket Haven.
Please review our Privacy Notice, which also governs your visit to our web site, to understand our practices.

SAMPLES

The samples provided are the property of Cricket Haven at all times. The resale value of any samples is £0.00. We request all samples to be returned promptly.

Cricket Haven reserves the right to charge a minimum of £50 (or the RRP which ever is greater) if you fail to return the samples back to us within 21 days of reciept of delivery.

We also reserve the right to charge a minimum of £25 (or the RRP which ever is greater) if the samples returned have been damaged due to neglect and improper care (i.e. not in the same condition to as they were sent).

AGREEMENT

A supply agreement is made only upon these terms and conditions. No additional, or alternative, terms or conditions will apply to a supply agreement unless, between us, or through our authorised representatives, we agree otherwise in writing.
We will be entitled to cancel a supply agreement at any time if you have exceeded or will (as a result of the supply agreement in question or otherwise) exceed your authorised credit limit with us, or if any invoices rendered to you for goods previously supplied are overdue.

SPECIFICATION OF GOODS

All descriptions and other details provided in relation to goods are subject to confirmation by us and may be changed without notice. All sizes are approximate to fit sizes and are given as a general guidance only. Colours, shades, materials and sizes of goods may vary to some extent from those illustrated.
We will rely upon your orders being correct in entering into a supply agreement and reserve the right to refuse to take back goods, which are ordered in error or are no longer required.
Bespoke goods branded are non-returnable

PRICES AND PAYMENT

The price for the goods (the contract price) shall be the price or prices specified by us in any relevant quotation tender or estimate.
Unless we expressly state otherwise in writing, all prices are ex-works and are exclusive of carriage postage, packaging, insurance and any levy or other tax which may be payable in respect of the goods.
You are to pay the agreed contract price plus carriage postage and any other ex works items specified in the invoice within 7 days after the relevant invoice has been sent to you. Payment is to be made in full in pounds sterling in cash or in cleared funds without deducting or setting-off any amounts which we may owe to you. We reserve the right to request a 50% (more or less) deposit payable on placing of the order.
We will be entitled to charge you interest at 5% above the base rate on all amounts payable to you under a supply agreement which are not paid when due, i.e. 7 days after issue of the relevant invoice whether that is before or after a court judgemental.
Any payments received from you for goods supplied may be appropriated by us and applied towards discharging any amounts owed to us by you in respect of any goods previously supplied where payment is overdue and if so applied will not be deemed to have been received for the goods for which those amounts were tendered.
If you pay by credit or debit card, we reserve the right to make an additional charge to cover any additional administrative expense which we may thereby incur.
Re-presented cheques will incur a £30.00 charge.

DELIVERY AND/OR COLLECTION

Delivery of the goods will be deemed to have taken place:-
- Upon you collecting them from our premises, which you must do within two working days after we notify you that the goods are ready for collection (if the goods are to be collected by you). Collection times are between 9am and 5pm on a working day.
- Immediately upon us delivering the goods to any agreed or usual place for delivery (if we are to deliver the goods)
- Immediately upon us posting them (if we are to delivery them by post).
- You must accept delivery of all goods which are in good condition and which are as ordered.
- Unless we agree otherwise in writing, all delivery dates are estimated dates, which we will use reasonable endeavours to achieve. We may deliver the goods to you in advance of any agreed or estimated delivery dates if we give you reasonable prior notice of early delivery.

If you fail to take delivery of the goods or to give us sufficient instructions to enable us to deliver them, then we may:-
- store the goods at your risk until actual delivery and charge you for the additional costs which we may incur as a result of your failure or
- invoice you for the goods and upon not less than three working days notice to the effect sell the goods at the best price reasonably obtainable. If we do that then you are to pay us the amount of the invoice and the reasonable costs of storage and sale minus the proceeds of sale (which we may use towards settlement of the invoice) or
- cancel the relevant supply agreement

If we deliver the wrong, or damaged, goods to you then you are to notify us within forty eight hours of delivery giving us full details of the damaged or incorrect goods. We will accept returns of such damaged or incorrect goods notified to us in writing within the relevant time period and will give you replacement goods. Replacements claimed outside the relevant time period will be at our discretion. We will collect the damaged or incorrect goods from your premises.
You are to notify us in writing of non-delivery of part of a consignment within five working days of the delivery of the remainder of the consignment and of non-delivery of the whole of a consignment within five working days of the date upon which delivery was scheduled to take place. If you notify us of non-delivery within the stated time limits then we will give you the option of a credit or a further delivery of the missing goods. If you do not notify us within the stated time limits then we shall not be liable to you for non-delivery.

RISK AND PROPERTY INSURANCE

All risk in the goods (including their loss or destruction) will pass to you:-
- immediately upon the date when delivery takes place (or would have taken place but for your act or default)
- immediately upon the goods leaving our premises (if we are to deliver them to a third party at your request)
- immediately upon the goods having been posted (if we are to deliver the goods by post)
The property in and title to the goods will not pass to you until we have received payment in full of all amounts due to us in respect of the goods and of all amounts due in respect of other goods previously delivery and invoiced to you.

WARRANTIES AND CONDITIONS

We undertake that the goods will, in all material respects, comply with any general description, which we may have submitted to you, will be of satisfactory quality and reasonably fit for the purpose for which they were manufactured subject to normal usage

EXCLUSION/LIMITATION OF OUR LIABILITY TO YOU

Our liability to you is limited to the invoice value (not including VAT) of the goods which fail to comply with the express undertaking given above. You agree that, in return for the undertakings given, all warranties representations guarantees conditions and other terms, which would be implied into a supply agreement by law, are excluded.
We will not be deemed to be in breach of this supply agreement if we are unable to comply with our contractual obligations because of any event or circumstance which is in any way wholly or primarily beyond our control or not due to our act or default and in any such event or circumstance we will be entitled to extend the time for complying with our obligations under a supply agreement by a reasonable time and (if we are still not able to comply with our obligations after such reasonable extension) either of us may thereafter terminate the supply agreement in question by written notice to the other.
We will not be liable to you for loss of profits or of a market or for any type of special indirect or consequential loss.

INTELLECTUAL PROPERTY RIGHTS

All copyrights trademarks patents and other industrial or intellectual property rights which may arise as a result of, or be displayed or incorporated in, any written or printed material or any brochure which we may produce either our property or that of third parties and is not to be reproduced used or exploited in any manner whatsoever. You will indemnify us from and against all costs claims and liabilities, which we may suffer, incur as a result of your using reproducing or exploiting any such industrial or intellectual property rights without the consent of the proprietor.

GENERAL MATTERS

A supply agreement shall be governed by the Laws of England and shall be subject to the exclusive jurisdiction of English Courts of Law.
A working day is any day from Monday to Friday except for Good Friday, Easter Monday, Christmas Day and any statutory bank or public holiday.
We both agree that these terms and conditions strike a reasonable balance between our respective interests. If any of these terms and conditions shall be invalid or unenforceable for any reason then that shall not affect the validity of the remainder of these terms and conditions which will remain in full force and effect but as if any such invalid or unenforceable terms or condition had never formed part of it.

Cricket Haven shall grant, at their discretion, the facility of a credit account on receiving two satisfactory trade references and a bank reference. We will also consider, where appropriate, occasionally searching your record at credit reference agencies.

PRIVACY

Please review our Privacy Notice, which also governs your visit to our web site, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit Cricket Haven or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Cricket Haven or its content suppliers and protected by United Kingdom and international copyright laws. The compilation of all content on this site is the exclusive property of Cricket Haven, with copyright authorship for this collection by Cricket Haven, and protected by U. K. and international copyright laws.

TRADEMARKS

Cricket Havens trademarks and trade dress may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Cricket Haven. All other trademarks not owned by Cricket Haven or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Cricket Haven or its subsidiaries.

LICENSE AND SITE ACCESS

Cricket Haven grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Cricket Haven. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Cricket Haven. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Cricket Haven and our associates without express written consent. You may not use any meta tags or any other ":hidden text": utilising Cricket Havens name or trademarks without the express written consent of Cricket Haven. Any unauthorised use terminates the permission or license granted by Cricket Haven. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Cricket Haven so long as the link does not portray Cricket Haven, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Cricket Haven logo or other proprietary graphic or trademark as part of the link without express written permission.

RISK OF LOSS

All items purchased from Cricket Haven are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

Cricket Haven and its associates attempt to be as accurate as possible. However, Cricket Haven does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Cricket Haven itself is not as described, your sole remedy is to return it in unused condition.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY Cricket Haven ON AN ":AS IS": AND ":AS AVAILABLE": BASIS. Cricket Haven MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE UK LAW, Cricket Haven DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Cricket Haven DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Cricket Haven ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Cricket Haven WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting Cricket Haven, you agree that the laws of United Kingdom, without regard to principles of conflict of laws, will govern these Terms and Conditions of use and any dispute of any sort that might arise between you and Cricket Haven or its associates.

DISPUTES

Any dispute relating in any way to your visit to Cricket Haven or to products you purchase through Cricket Haven shall be submitted to confidential arbitration in United Kingdom, except that, to the extent you have in any manner violated or threatened to violate Cricket Havens intellectual property rights, Cricket Haven may seek injunctive or other appropriate relief in court in the United Kingdom, and you consent to exclusive jurisdiction and venue in such courts. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

QUESTIONS:

Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the "Contact Us" link in the side menu. Or you can email us at: info@crickethaven.co.uk