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Arsenal Direct Terms and Conditions of Sale

These terms (together with the documents referred and linked to in them) tell you the terms and conditions on which we supply any of the products (Products) listed on our website http://arsenaldirect.arsenal.com/ (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. These terms and conditions are only available in the English language. You should print a copy of these terms and conditions for future reference. Please tick the relevant box if you accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.These terms were last updated in January 2014.

1. INFORMATION ABOUT US

We sell Products via the website http://arsenaldirect.arsenal.com/. We are The Arsenal Football Club plc, a company registered in England and Wales under company number 109244 and with our registered office and main trading address at Highbury House, 75 Drayton Park, London, N5 1BU. Our VAT number is 769 4067 87 GB.

2. YOUR STATUS

By placing an order through our site, you promise that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old.

3. YOUR ACCOUNT

3.1 You will need to register with our site to place orders for Products.
3.2 You are responsible for maintaining the confidentiality of the log-in details for your account and are responsible for all activities carried out under your log-in details. We do not have the means to check the identities of people using our site and will not be responsible for losses suffered by you where your log-in details are used by someone else unless this is due to our negligence.

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1 The steps you need to take to place an order on our site are set out on the order pages.
4.2 Our order process allows you to check and amend any errors before submitting your order with us. Please take time to read and check your order at each page of the order process.
4.3 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product is in the despatch process (Despatch Confirmation). The contract between us (Contract) will only be formed when we send you the Despatch Confirmation.
4.4 Contract will relate only to those Products whose despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch Confirmation.

5. OUR STATUS

5.1 Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and such contract is governed by the terms and conditions of that third party seller, which they will advise you of themselves. You should carefully review their terms and conditions applying to the transaction.
5.2 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that Products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your legal rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

6. CONSUMER RIGHTS

6.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. A working day is any day except a Saturday, Sunday or public holiday. In this case, you will receive a full refund of the price paid for the Products and the original delivery charge in accordance with our refunds policy (set out in clause 10 below).
6.2

To cancel a Contract under clause 6.1 above, you must inform us in writing. You must also return the Products to us as soon as reasonably practicable, in suitable packaging, at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession; this means that when you return the Products to us they must not be damaged, washed, worn more than is necessary to examine and try on the Products and the tags and labels should not be removed. If you fail to comply with this obligation, we may have a right of action against you for compensation. In order to cancel, you must write, fax or email us to tell us you are cancelling your order (using our returns form is acceptable), and return the goods to us unused and in good condition at your own expense. We will then refund the price and the amount you paid for your original postage and packing.

Please Address Parcels To:
Arsenal Returns Department,
Anchor Works,
Holme Lane,
Bradford.
BD4 6NA

6.3

You will not have any right to cancel a Contract for the supply of any of the following Products (unless defective):
• any personalised products, including merchandise printed with a player’s name, personal name or squad number;
• food;
• DVDs and computer games (if seals and/or shrink wrap have been broken); and
• toiletries (if opened)

6.4 Details of your legal right of cancellation, and an explanation of how to exercise it, are accessible through a link in the Despatch Confirmation. Advice about your legal rights is also available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these terms will affect your legal rights as a consumer.

7. AVAILABILITY AND DELIVERY

7.1 All UK parcels are sent by a signature service (All UK parcels must be signed for: it is the customer's responsibility to make themselves available for delivery. Subsequently if parcels have to be re-sent an additional postage fee may be incurred). We aim to despatch all orders as soon as possible and in any event (to allow for processing and fraud checks) within 5 working days to the UK and 15 working days to the rest of Europe and the Rest of World. Shirt printing may take an extra 5 working days. It is our policy to despatch items ordered in the shortest possible time, and for orders being delivered to the mainland UK we do aim to deliver within 24 hours following despatch, but we cannot be held responsible for any delays in transit, so please allow a sufficient time thereafter for delivery to your respective country. ALL Europe/Rest of World orders over two (2) kilograms will be sent by courier. Any parcels weighing less than 2kgs, sent to a destination that we deem at risk of losing the parcel, will be sent by courier. Orders to UK and the rest of Europe shall be delivered within 30 days of the date of the Despatch Confirmation, unless there are exceptional circumstances. Please note that different timescales may apply to pre-ordered Products; for example, pre-ordered replica kit. These terms are subject to such adjusted timescales as may be notified to you when ordering affected Products on our site.
7.2 Delivery will be completed when we deliver the Products to the address you gave us.

8. RISK AND TITLE

8.1 The Products will be at your risk from the time of delivery. This means that as soon as the Products are delivered to you, you are responsible for them.
8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

9. PRICE AND PAYMENT

9.1 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
9.2 Product prices are inclusive of any and all value added tax applicable in the UK or elsewhere in the European Union. If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
9.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation.
9.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when despatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before despatching the Product, or reject your order and notify you of such rejection.
9.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Despatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
9.6

The acceptable methods of payment are:
• American Express
• Visa
• Visa Debit
• MasterCard
• PayPal

We have the right to vary the acceptable methods of payment without notice from time to time. However, if you have already submitted your order and the payment method you used is subsequently discontinued we will still try to process your order using the original payment method and will contact you if there is any issue which prevents this.

9.7 We will not charge your credit or debit card until your order is in the despatch process.
9.8 You confirm that the credit or debit card that is being used is yours. If the issuer refuses to authorise payment, we will not accept your order and we will not be responsible for delay or non-delivery and we are not obliged to inform you of the reason for refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit or debit card payment in accordance with your order.

10. OUR REFUNDS POLICY

10.1 If you return a Product to us:
(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price paid by you of the Product and the original delivery charges in full. Postage and packaging costs for the return of the Product will be at your own cost and we can recover them from you if we have to incur those costs.
(b) for any other reason (for instance, because you have notified us in accordance with clause 19 that you do not agree to a change in these terms and conditions or in any of our policies, because you consider that the Product is defective, or otherwise in accordance with our refunds policy, available here: http://arsenaldirect.arsenal.com/page/returnpolicy/), we will examine the returned Product and will notify you of your refund or otherwise via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, including any applicable delivery charges and any reasonable costs you incur in returning the item to us.
10.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10.3 Once a Product has been printed with a player’s name, a personalised name and/or squad number unless the shirt is faulty we cannot provide a refund or exchange even if that player subsequently leaves the club or his squad number changes during his career at Arsenal.
10.4 Special refund terms may apply to Products bought as part of a promotional offer such as “3 for 2” or “2 for £25”. Refunds for goods purchased under a promotional offer will be based on the terms of the promotional price. Your legal rights are not affected and the refund policy for certain promotional offers will be set out here: http://arsenaldirect.arsenal.com/page/returnpolicy/.

11. OUR PRODUCTS

11.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
11.2 The packaging of the Products may vary from that shown on images on our site.

12. OUR PROMISES TO YOU

We promise you that any Product purchased from us through our site will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.

13. OUR LIABILITY

13.1 Other than as set out in clause 13.3 below, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and, other than as set out in clause 13.2 below, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
13.2 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes. Other than as set out in clause 13.3 below, we will not be liable for losses that result from our 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.
However, this clause 13.2 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 13.2.
13.3 Nothing in this agreement excludes or limits our liability for :
(a) death or personal injury caused by our negligence ;
(b) fraud or fraudulent misrepresentation ;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 ;
(d) any breach of these terms implied by sections 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
(e) defective products under the Consumer Protection Act 1987; or
(f) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
13.4 Where you buy any Product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.

14. IMPORT DUTY

14.1 If you order Products from our site for delivery outside the UK, they may incur import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
14.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

15. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your legal rights.

16. NOTICES

All notices given by you to us must (unless stated elsewhere in these terms) be given to The Arsenal Football Club plc at Highbury House, 75 Drayton Park, London, N5 1BU OR customerservice@arsenaldirect.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 15 above. Notice will be effective from the date the e-mail is sent, or the letter is posted. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

17. TRANSFER OF RIGHTS AND OBLIGATIONS

17.1 The contract between you and us is binding on you and us and on our respective successors and assignees. No other person shall have any rights to enforce any of its terms.
17.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
17.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract, but this will not affect your legal rights or our obligations under these terms.

18. EVENTS OUTSIDE OUR CONTROL

18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
18.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (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; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
18.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

19.1 We have the right to revise and amend these terms and conditions from time to time including, without limitation, to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
19.2 The Contract will be governed by the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Despatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

20. OTHER IMPORTANT TERMS

20.1 If you breach the Contract or these terms and conditions 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 the Contract or any of these terms and conditions.
20.2 If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be treated as deleted from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20.3 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
20.4 Please see our Privacy Policy for information regarding how we collect and use personal data about you: http://arsenaldirect.arsenal.com/page/privacy/.
20.5 Please note that these terms are governed by English law. This means that a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law.You and we both agree that the courts of England and Wales have non-exclusive jurisdiction. However, if you are resident in Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are resident in Scotland, you may also bring proceedings in Scotland.


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