Legal
Please read these terms of service and conditions of use carefully before using this website. By using this website, you signify your consent to these terms of use in addition to any other law or regulation that applies to the website, the internet and / or the World Wide Web.
Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS carefully before using this website (‘the Site’). These Terms and Conditions apply to all visits and use of the Site, as well as to the Content (as defined hereafter), information, recommendations and/or services provided to you on or through the Site. By accessing and using the Site, you signify your consent to these Terms and Conditions in their entirety in addition to any other law or regulation that applies to the Site, the Internet, and/or the World Wide Web. If you do not agree to these Terms and Conditions in their entirety please leave the Site.
Ownership of content
The Site is owned and operated by Webb Ellis Limited, a company registered in the United Kingdom. All of the content featured or displayed on the Site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by Webb Ellis Limited, its licensors and/or its content providers. All elements of the Site including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Webb Ellis Limited, no portion or element of the Site or its Content may be copied or retransmitted via any means and the Site, its Content and all related rights shall remain the exclusive property of Webb Ellis Limited unless otherwise expressly agreed.
Copyright
The copyright in all Content is and remains owned by Webb Ellis Limited. Except as may be otherwise indicated in specific documents within the Site, you are authorized to view, print and download information found on the Site for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. Except as authorized under the law relating to copyright, you may not reuse any Content without first obtaining the consent of Webb Ellis Limited. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from material found on the Site.
Trademarks
All trademarks, service marks and trade names of Webb Ellis Limited used herein (including but not limited to: the “Webb Ellis” word mark and device and the “registered trim” device) are trademarks or registered trademarks of Webb Ellis Limited. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Webb Ellis Limited trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without prior written consent from Webb Ellis Limited. The use of Webb Ellis Limited trademarks on any other website or network computer environment, for example the storage or reproduction of (a part of) the Site in any external internet site or the creation of links, hypertext, links or deeplinks between the Site and any other internet site, is prohibited without the express written consent of Webb Ellis Limited.
Disclaimer of Warranties
The Site and the Content are provided ‘as is’ and without any warranties of any kind, whether express or implied, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement, to the fullest extent permitted by law. The information on the Site is for general information purposes only and does not constitute advice.
Webb Ellis Limited does not represent or warrant that the information and/or facilities contained in the Site are accurate, complete or current, or that the Site will be uninterrupted or error free, or that and defects in the Site will be corrected or that the Site or the server that makes the Site available are free of viruses or any other harmful components. Webb Ellis Limited does not make any warrantees or representations regarding the use of the materials in the Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.
Webb Ellis Limited reserves the right to suspend or withdraw the whole or any part of the Site at any time without notice without incurring any liability.
Limitation of Liability
Your use of the Site is at your own risk. Neither Webb Ellis Limited, nor any of its affiliates, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Site will be liable for any loss or damage (in contract, negligence or otherwise) where:
(a) There is no breach of a legal duty of care owed to you by Webb Ellis Limited;
(b) The loss or damage is not a reasonably foreseeable result of any such breach; or
(c) Any increase in loss or damage results from a breach by you of these terms and conditions. This includes any damage caused by viruses or any incorrectness or incompleteness of the information on the site.
Nothing in these terms and conditions excludes or limits our liability for fraud or for death or personal injury caused by our negligence.
Links to third parties
For your convenience and to improve the usage of the Site, links to websites that are owned and controlled by third parties may be provided from time to time. These links take you outside Webb Ellis Limited’s service and off the Webb Ellis Limited Site and are beyond Webb Ellis Limited’s control. This includes links to partners that may use Webb Ellis Limited logos as part of a co-branding agreement. The sites you can link to have their own separate privacy policy and although Webb Ellis Limited seeks to protect the integrity of its Site, Webb Ellis Limited is not responsible and cannot be held liable for the content and activities of these sites. You therefore visit/access these sites entirely at your own risk. Please note that these other sites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use and/or privacy policies on those websites prior to using them.
Misuse of the Site
You are prohibited from using the Site to post or transmit any material which is or may be infringing, threatening, false, misleading, inflammatory, libelous, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using the Site to advertise or perform any commercial solicitation.
Participation Disclaimer
From time to time Webb Ellis Limited makes it possible to view and distribute content generated by you, for instance through e-postings and sending postcards to others persons. If you make use of this you acknowledge that Webb Ellis Limited only acts as a passive conduit for the distribution and is not responsible and liable for the content of the communications and materials generated by you or other users.
Webb Ellis Limited reserves the right at its sole discretion to block or remove any communications and materials it believes is not in accordance with these Terms and Conditions, or otherwise unacceptable to Webb Ellis Limited.
Children Under 16
If you are under 16, you must ask the permission of a parent or guardian before you:
(a) email the Site, or ask us to email anything to you;
(b) send in any information to us;
(c) enter any contest or game that requires information about you or offers a prize;
(d) buy anything online.
By continuing to use the Site and any of the Services offered, you are confirming that you have obtained the permission of a parent or guardian to do so.
Unsolicited ideas
Webb Ellis Limited maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials whether consisting of texts, images, sounds, software, information or otherwise (the “Materials”) from persons external to Webb Ellis Limited. You should therefore not post any Materials on the Site or send these to Webb Ellis Limited by e-mail or otherwise.
Conditons of Sale
These Terms and Conditions are subject to The Consumer Protection (Distance Selling) Regulations 2000 and the Normal Trading Act of 1983 and are governed by UK law.
Scope of the Terms
These General Terms and Conditions exclusively apply to all business relations between a customer (hereinafter referred to as the “Customer”) and Webb Ellis Limited (hereinafter referred to as the “Company”) relating to products offer by the Company and purchased by the Customer through the website as defined below. The laws of the UK shall apply.
The applicability of conditions of the Customer, if any, is explicitly excluded.
Provisions that deviate from these General Terms and Conditions can be invoked by the Customer only if and to the extent that these provisions are accepted by the Company in writing.
Conclusion of the Contract
Orders placed by the Customer via the website www.webbellisrugby.co.uk (hereinafter referred to as the “Website”) for the products offered by the Company through the Website are only on offer to conclude a sales contract. The sales contract is only concluded upon the confirmation by the Company of the order by email to the Customer.
The Company shall be free to engage the services of third parties for the performance of its obligations under a sales contract.
The Company decides at its sole discretion whether or not to accept any order. Should the Company not respond within 10 business days after the order has been placed, then the order is deemed to have been rejected.
All information provided by the Company, whether through electronic intermittence or by telephone, shall be as accurate as reasonably possible. However, the Company shall not be liable for any error. More specifically, delivery data shall be indicative only and the images of products offered on the Website are for illustration purposes only and the Company shall not be bound thereby in any way whatsoever.
Price and costs
The price of a product as shown on the Website (hereinafter referred to as the “Purchase Price”) is inclusive of applicable taxes but exclusive of shipping costs, which will be added to the total amount due.
The Company reserves the right to change the Purchase Price of any of the products offered at any time before a contract between the Company and the Customer is concluded.
It is always possible that, despite the Company’s best efforts, some of the products we sell may be incorrectly priced. The Company will normally check prices as part of its dispatch procedure so that, where products’ correct price is less that its stated price, the Company will charge the lower amount when dispatching the products to the Customer. If the products’ correct price is higher than the price stated on the Website, the Company will normally, at its discretion, either contact the Customer for instructions before dispatching the products, or reject the order and notify the Customer. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by the Customer as a mis-pricing, the Company does not have to provide the products to the Customer at the incorrect (lower) price.
Cancellation, Policy on Returns, Filing of complaints
The Customer has a right to cancel the sales contract as per the terms set forth below. The Customer is not obliged to include the reason for cancelling the sales contract. Such cancellation shall be made in writing or by return of the products within seven days of receipt of the products by the Customer to the Company. The Company orders can be cancelled within two hours after placing the order.
The Customer bears the risk of the returned products.
The above right to cancellation does not exist with regard to products made according to the Customer’s specifications which are personalised or with regard to footwear or which are not suitable for return due to their nature and/or constitution. Customers’ statutory rights shall remain unaffected.
In relation to personalised items, the Customer hereby acknowledges its sole responsibility for created designs. The Company is not required to review Customers’ designs and therefore the Customer is responsible for ensuring that the design does not infringe intellectual rights of third parties.
Customer generated designs are user generated content and the Customer agrees that it shall have no claims against the Company. All posted designs become property of the Company.
The Company has the right to set off any depreciation of products returned in case of (mis)use of the products. This is not applicable if the depreciation is the sole result of the examination of the products.
The return of the products shall, as much as possible, include the original packaging, and shall be posted to the following address:
Webb Ellis Limited
Returns Department
5&6 St. Matthew’s Street
Rugby
Warwickshire
CV21 3BY
Should the Company accept a return it receives from a customer, payments already received in relation to the returned product only shall be refunded as soon as possible and, in any case, within 30 days of the date the Company accepts a return. For the avoidance of doubt, the Company shall not refund any postage costs the Customer incurs as a result of returning product to the Company, save in relation to product that the Company deems in its absolute discretion to be faulty.
In case a Customer wishes to file a written complaint regarding any part of concluding or executing a sales contract following an order made by the Customer via the Website, the Customer is entitled to do so at the following address:
Webb Ellis Limited
Website Customer Services Department
5&6 St. Matthew’s Street
Rugby
Warwickshire
CV21 3BY
Delivery
Delivery is made to the address stipulated by the Customer.
The Company will take reasonable steps to meet the delivery date set out on the order or as otherwise agreed between the Customer and the Company in writing. However, occasionally, delivery may be affected by factors beyond the Company’s control and so cannot be guaranteed. The Company will let the Customer know if it becomes aware of an unexpected delay and will arrange a new delivery date with the Customer.
Orders containing regular product and customised/club branded product may be delivered separately due to different lead times.
The Company reserves the right to deliver products ordered partially. The Company will not charge the Customer extra delivery costs for this. However, in the event that the Customer requests that the Company deliver the order in instalments, the Company may charge the Customer for extra delivery costs. Each instalment shall constitute a separate contract. If the Company is late delivering an instalment or one instalment is faulty, that will not entitle the Customer to cancel any other instalment.
Delivery Costs
Up to 10kg – £5.99
10kg+ – £9.99
The above prices are for non-remote areas of the UK mainland.
Surcharges apply for remote areas such as Northern Ireland,Highlands,Scily Isles ,Channel Islands etc
Tackle equipment :
Up to 4 wedges will be charged at £9.99 , 5- 8 wedges will be charged at £19.98
Each tackle bag will be charged at £9.99
For tackle equipment deliveries to remote parts of the UK, carriage will be charged at cost.
The Company reserves the right to increase carriage charges which will be notified at the time of order with the Customer.
Inspection upon Delivery
The Company will send a delivery notification email regarding dispatch of the Customer’s product(s). The Customer should contact the Company within 14 days of receipt of this notification email in the event that they do not receive the product(s), the product(s) are damaged on delivery or there has been an over-delivery of product(s).
Defective Goods
In the unlikely event that the products do not conform with these terms, the Customer should let the Company know as soon as possible after delivery or within 7 days of receipt of the product(s). The Company will liaise with the Customer regarding the return of the product(s), which shall be at the Company’s cost, and once the Company has checked that the item(s) are faulty, it will:
- Provide the Customer with a full or partial refund; or
- Replace the item(s); or
- Repair the item(s)
For the avoidance of doubt, the Customer’s statutory rights shall remain unaffected.
These terms will apply to any repaired or replacement product(s) the Company supplies to the Customer.
Methods of Payment
Payment for all products must be made in advance by credit or debit card. The Company accepts payment with the following: MasterCard and VISA credit cards and Visa, Solo and Maestro debit cards.
Products shall only be dispatched to the Customer after full payment has been received by the Company. If there is any delay in receiving the payment confirmation with the order, the Company shall notify the Customer within 7 days of the delay to the order and will seek alternative payment methods.
Title & Risk
All products will be the Customer’s responsibility from the time of delivery.
Ownership of the products will only pass to the Customer when the Company receives payment in full of all amounts owed to the Company in connection with the products, including delivery charges.
Maintenance of Products
The washing and maintenance instructions indicated on the tags of the products are pointed out to the Customer. The Company does not bear costs or compensate any damage occurring to products due to improper handling or fair wear and tear.
Data Protection and Security
The Company shall adhere to the Data Protection Act regarding Customers’ personal information. The Company will take all reasonable steps to guard against fraud, and shall only use card processing systems which are level 1 PCI DSS compliant.
The Company may send marketing and sales information to the Customer from time to time and acceptance of the Contract automatically elects the Customer to receive this information.
Liability
Subject to the final paragraph below under this Liability section, if either the Customer or the Company fails to comply with these terms, neither shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these terms.
Neither the Customer nor the Company shall be responsible for losses that result from the Company’s failure to comply with these terms, including but not limited to, losses that fall into the following categories:
- Loss of income or revenue;
- Loss of business;
- Loss of anticipated savings;
- Loss of data or
- Any waste of time.
However, the above shall not prevent claims for foreseeable loss of, or damage to, a Customer’s physical property. For the avoidance of doubt, the Customer’s statutory rights shall remain unaffected.
Force majeure
The Company shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond the Company’s reasonable control and includes, in particular (without limitation) the following:
- Adverse weather conditions; or
- Natural and/or environmental events; or
- Strikes, lock-outs or other industrial action; or
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or delay in the provision of the Company’s parts, goods or services ordered from third parties other than by circumstances to be imputed to the Company, accidents and interruptions of business operations; or
- Impossibility of the use of public or private telecommunications networks.
The Company’s obligations under these terms are suspended for the period that the Force Majeure Event continues, and it will have an extension of time to perform these obligations for the duration of that period. The Company will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which its obligations under these terms can be performed despite the Force Majeure Event.
Intellectual Property
The Customer acknowledges that the Company is and remains the sole and exclusive owner of all trade names, brand names, domain names, patents, copyrights, database rights, registered and unregistered designs and other proprietary trademarks of the Company. The Customer will in no event be granted the Company’s proprietary rights.
In particular, the Customer shall not register or use the Company’s proprietary rights in any manner whatsoever.
Assignment
The Customer shall not transfer any of its rights or obligations under these terms to another person without the Company’s prior written consent, which it will not withhold unreasonably. The Company may transfer all or any of its rights and obligations under these terms to another organisation, but this will not affect the Customer’s rights under these terms.
General
If any court or competent authority decides that any of the provisions of these terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
Jurisdiction
All disputes existing or arising between parties shall be heard exclusively by a UK court.
For all correspondence, please contact:
Webb Ellis Limited
5&6 St. Matthew’s Street
Rugby
Warwickshire
CV21 3BY
Telephone: 01788 567777
Email: sales@webb-ellis.co.uk
Company Registration: 265 2331
Last revised January 2019
