Welcome to our Website at www.arsenal.com (the “Website”). The Website is provided by Arsenal Broadband Limited (“ABL”), on behalf of The Arsenal Football Club PLC (“Arsenal”) (together “us”, “we” or “our”). ABL is a company registered under number 4053669 in England and Wales, whose registered office is at Highbury House, 75 Drayton Park, London N5 1BU, and whose registered VAT number is 795396538. Arsenal is a company registered under number 109244 in England and Wales and whose registered office is at Highbury House, 75 Drayton Park, London N5 1BU). In these terms and conditions, “you” and “your” means you as the user of our Website.
ACCEPTANCE OF AGREEMENT
These terms and conditions (“Terms and Conditions”) govern your use of the Website. By accessing the Website, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you should not use the Website. You should read all the Terms and Conditions prior to using the Website. You should also save and/or print out a copy of these Terms and Conditions for future reference.
CHANGES TO THIS AGREEMENT
We may from time to time make changes to the terms of this Agreement. Any changes will be posted on our Website. Please review these Terms and Conditions regularly to ensure you are aware of any changes made by us. If you use the Website after changes are notified to you in this way, you agree to such changes. If you do not agree to such changes, you should not use this Website.
ACCESSING OUR WEBSITE
Access to our Website is permitted on a temporary basis and we reserve the right to withdraw or amend any or all of the Website without notice. We may suspend access to the Website periodically to carry out emergency or scheduled maintenance or for any other reason at any time. Access to our Website is dependent upon availability of the worldwide web and we accept no responsibility for your inability to access our Website arising out of circumstances beyond our reasonable control.
We have the right to disable your access to our Website at any time if, in our opinion, you have failed to comply with any of the provisions of this Agreement.
Subject to the terms of this Agreement, we grant you a non-exclusive, non-transferable, revocable, limited right to access, view, and print out one copy of this Website and all data, information, software graphics, images, text, posts and other content on the Website, ("Materials") on a single device strictly in accordance with this Agreement.
You may only view, print out and use the Website and the Materials for your own personal, non-commercial use. We expressly reserve all intellectual property rights in and to the Website and the Materials and your use of the Website and Materials is subject to the following restrictions. You must not (a) remove any copyright or other proprietary notices contained in the Materials; (b) modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; (c) transfer the Materials to any other person; (d) use any Materials from the Website in any manner that may infringe any intellectual property right, proprietary right, or property right of us or any third parties; or (e) reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit this Website and/or the Materials in any way; without our prior written consent.
Once you have registered on our Website as a red, silver or gold member (a “Registered User”), you may submit graphic, textual, or other visual content for use on the Website (including, but not limited to, the Forum), including your name, biographical information and all other names, postings, messages, text, files, images, photographs, graphics, logos, marks and other information (the “Content”). By submitting your Content on our Website you grant to us and our group companies and affiliates, a non-exclusive, perpetual, irrevocable, transferable, royalty-free licence (including full rights to sub-license) to use your Content (including, without limit, the right to adapt, alter, amend or change your Content) in any media throughout the world without restriction, for any purpose connected with the promotion of our website or company.
You hereby waive any and all moral rights and any other similar rights in any country in the world in connection with your Content, to the greatest degree allowed by law.
Whenever you submit Content to our Website you must comply with our Content standards set out below (“Content Standards”). If you do not, we reserve the right to suspend you from using the Website without notice.
Publication of your Content will be at our sole discretion and we are entitled to refuse publication or to make additions or deletions to any such material prior to and/or after publication.
Although we have no obligation to moderate Content on this Website, we may monitor any information transmitted or received through the Website. We may reject, block, suspend or remove your Content at any time and in our sole discretion. We in no way guarantee that your Content or any part of it will be displayed on the Website.
Your Content must:
Your Content must not:
If you find any content on our Website to be in any way offensive, obscene, defamatory, racist, harmful, inaccurate, unlawful, illegal, infringing of any third party rights, deceptive in any way or otherwise in breach of our content standards, please notify us by clicking here and using the subject heading “Unacceptable content”.
We take complaints seriously and on receipt of your complaint we will investigate whether the content breaches our content standards or these terms and conditions and may, at our discretion, remove or block access to the content complained of.
Accessing and Using Our Forum
Posting to our Forum is restricted to red, silver or gold members. The Forum is designed for you to discuss Arsenal Football Club. You agree not to post negative comments about Arsenal Football Club in the Forum. If you have any concerns about Arsenal Football Club that you wish to discuss, please contact us by clicking here. We value your input and will respond as soon as we are able to.
Uploading Content to our Forum
Whenever you post Content to our Forum, you must comply with the Content Standards set out above. If you do not, we reserve the right to suspend you from using the Forum without notice.
If your posts contain any Content that is not owned by or licensed to you and/or which is subject to third party rights, you are responsible for obtaining (prior to submission of the Content), all releases, consents and/or licences necessary to permit the use and exploitation of the Content by us in accordance with these Terms without additional compensation.
Any material you upload to our Forum will be considered non-confidential and we have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Forum constitutes a violation of their rights.
You are entirely responsible for the Content that you post, link to or otherwise make available via the Forum, and shall indemnify us against any claim received, or damages suffered, by us resulting from the Content you submit.
Common Sense and Disclosure of Personal Information
Please use caution and common sense when using the Forum. We cannot guarantee in any way that other registered users of the Forum are always honest and acting in good faith, although we will bar or suspect any users whom, in our discretion, we feel are abusing the spirit of the Forum and who fail to comply with these Terms. Always exercise caution and care before disclosing any personal information or entering into any form of correspondence with another person. Do not disclose your full name, details of your home address or details of your workplace to any person unless you are confident you know who they are.
If you are under the age of 18 please get permission from a parent or guardian before using our Forum and do not reveal any personal information about yourself or anyone else (e.g. the name of your school, your telephone number, your full name, home address or e-mail address).
Your Use of the Forum
You expressly understand and agree that your use of the Forum (including downloading of content) is at your sole risk. You further understand that by using the Forum you may be exposed to content that is offensive, indecent or objectionable. We make no warranties in respect of, nor do we guarantee the accuracy, integrity or quality of any Content posted in the Forum. We expressly disclaim all warranties of any kind, whether express or implied.
We realise and understand that many children will visit our Website (in particular the Junior Gunners section of our Website) but we encourage all persons under 13 to consult with their parents or legal guardian before submitting any Content or information to this Website and indeed any other web site. We believe that ultimately it is the responsibility of parents or legal guardians to supervise children when online and recommend that parental control tools be put in place. Although anyone under the age of 13 is able to participate in competitions and promotions, notification of a win or prize will be sent directly to the parent or legal guardian identified in the initial registration process. Any publication of a competition winner’s personal details for visitors under 18 will require parental or legal guardian consent during registration.
We expressly reserve all rights in and to the domain name www.arsenal.com. The trade marks ARSENAL, GUNNERS, the Arsenal shield, the Arsenal Soccer Schools logo, the Gunnersaurus logo and all other related service marks, trading names or other trade marks relating to Arsenal Football Club’s products and services are owned by The Arsenal Football Club PLC and may not be used without their express prior written consent. Other trade marks, products and company names mentioned on the Website may be trademarks of their respective owners or licensors and the rights in such marks are expressly reserved to the respective owners or licensors.
LINKING TO OUR WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. You must not link to our Website in such a way as to suggest any form of association, approval or endorsement on our part without our prior written consent. You must not remove or obscure by framing or otherwise, advertisements, copyright notices, or other information published on the Website. Our Website must not be framed on any other site.
To avoid any doubt you must not link to our Website from a linking site which contains any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.
We reserve the right to withdraw linking permission without notice.
THIRD PARTY SITES AND CONTENT
Our Website and/or the Materials may contain links to third party websites. If you decide to visit any third party site, you do so at your own risk. We are not responsible for the content, accuracy or opinions expressed on such websites. Links do not imply that we or this Website is/are affiliated or associated with such sites. Third party content may appear on the Website or may be accessible via links from the Website. We are not responsible for and assume no liability for such content.
EXCLUSIONS AND DISCLAIMERS
To the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to this Website and the Materials.
Nothing in this Agreement shall exclude our liability for: (a) death or personal injury arising through negligence; (b) fraudulent misrepresentation; and/or (c) anything else that cannot be excluded or limited by us under English law.
We shall not be liable under this Agreement for any indirect, special, incidental or consequential damages whether based on breach of contract, breach of warranty, tort (including negligence) or otherwise, even if advised of the possibility of such damages.
The Materials may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of the Materials. Any reliance on any such opinion, advice, statement, or other information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Website and to make any changes to the features, functionality or content of the Website at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content on the Website.
We do not represent or warrant that the Website will be error-free, free of viruses or owner harmful components, or that defects will be corrected.
LEGAL COMPLIANCE AND APPLICABLE LAW
You shall comply with all applicable laws and regulations in connection with your use of the Website and the Materials that appear on it.
The laws of England and Wales shall apply to this Agreement and this Agreement shall be interpreted under English law. Any dispute arising from this Agreement shall be subject to the exclusive jurisdiction of the English courts.
Thank you for visiting our Website.
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. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. 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.
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.
|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.|
|3.1||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.|
|4.1||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.|
|4.2||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.|
|5.1||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 is subject to 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 statutory 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.|
|6.1||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).|
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:
You will not have any right to cancel a Contract for the supply of any of the following Products (unless defective):
|6.4||Details of your statutory right of cancellation, and an explanation of how to exercise it, are accessible through a link in the Despatch Confirmation. This provision does not affect your other statutory rights as a consumer.|
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.
|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.|
|9.1||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.|
|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.|
The acceptable methods of payment are:
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.|
|10.1||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 22 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), 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 statutory rights are not affected and the refund policy for certain promotional offers will be set out here: http://arsenaldirect.arsenal.com/page/returnpolicy/.|
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.
|12.1||Subject to clause 12.3, 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, subject to clause 12.2, 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.|
|12.2||Subject to clause 12.3, 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 12.2 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 12.2.|
|12.3||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)||defective products under the Consumer Protection Act 1987; or|
|(e)||any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.|
|12.4||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.|
|13.1||If you order Products from our site for delivery outside the UK, they may be subject to 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.|
|13.2||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.|
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 statutory rights.
All notices given by you to us must be given to The Arsenal Football Club plc at Highbury House, 75 Drayton Park, London, N5 1BU OR email@example.com. 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 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 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.
|16.1||The contract between you and us is binding on you and us and on our respective successors and assignees.|
|16.2||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.|
|16.3||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.|
|17.1||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).|
|17.2||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.|
|17.3||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.|
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.
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.
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.
|22.1||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.|
|22.2||You will be subject to 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).|
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.