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Arsenal Direct Terms and Conditions of Sale
These terms and conditions (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 when prompted before the point of purchase 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.
- 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.
- YOUR STATUS
- By placing an order through our site, you promise that:
- you are legally capable of entering into binding contracts; and
- you are at least 18 years old.
- YOUR ACCOUNT
- 3.1 You do not need to register with our site to place orders for Products.
3.2 If you do register with our site, 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.
- 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 you and us will only be formed when we send you the Despatch Confirmation.
4.4 The contract between you and us 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.
- THIRD PARTY SELLERS
- 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 for the purposes of completing your order.
- CANCELLATION AND RETURNS
- 6.1 If you are contracting as a consumer, subject to the exceptions set out below at clause 6.3, for items purchased via our site or over the telephone you may cancel an order in full (but not in part) at any time within fourteen calendar days, beginning on the day after you received the Products (Cancellation Deadline).
If you wish to cancel an order in accordance with clause 6.1 above, you may do so before the Cancellation Deadline by either: (a) using the cancellation form available by clicking here or (b) providing us with a clear statement that you wish to cancel by phone on 020 7619 5000 , by email to email@example.com or by post to Arsenal Direct Cancellations, Highbury House, 75 Drayton Park, London, N5 1BU. If Products have already been despatched to you prior to you exercising your right to cancel, you must return such Products as soon as reasonably possible and in any event within fourteen days of you informing us of your desire to cancel. We recommend that you send the Products back to us using a signed-for delivery/courier service and obtain proof of delivery. JEANRICHARD watches must be returned to our partner Ferrari Express LTD (address below) only and not to us.
- Please address JEANRICHARD Parcels to:
- Please address all other Parcels to:
Arsenal Returns Department
Off Cutler Heights Lane
6.3 Please note that your right to cancel may only be exercised in respect of your entire order. If you wish to return only part of an order, you may do so in accordance with our returns policy set out at clauses 6.6 to 6.14. Your right to cancel will not apply in respect of any of the following Products :
- any personalised products, including merchandise printed with a player’s name, personal name or squad number to your specification;
- perishable goods (such as chocolates or sweets);
- DVDs, computer software or audio and visual recordings (in each case where the sealed packaging and/or shrink wrap been opened); and
- goods that are sealed for health or hygiene reasons, if they have been opened.
However, note that if Products were damaged or faulty when you received them, they may be returned to us in accordance with our returns policy (see below at clauses 6.6 to 6.14)
6.4 If you submit a valid cancellation request prior to the Cancellation Deadline and (if applicable) send or return any Products to us in person within fourteen days of such cancellation request, we will refund you the full purchase price of your order and our standard delivery charge within 14 days of either: (a) receiving your cancellation request (if no Products have yet been despatched to you); or (b) if Products have already been despatched to you, our receipt of such Products. Unless expressly agreed otherwise by us, we will make such refund using the same method of payment that you used for the original order. Please note that:
- if you opted for a more expensive method of delivery you will not be refunded for any additional delivery charges beyond the standard delivery charge; and
- you must take good care of the Products while they are in your possession. We may reduce the refund due to you if any Products returned to us have suffered any diminution in value due to your handling of such Products.
6.5 Please note that as a consumer you have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these terms and conditions will affect your legal rights as a consumer.
6.6 In addition to your right to cancel in accordance with clauses 6.1 to 6.4 above, but subject to the exceptions at clause 6.13, we allow you on a “goodwill” basis to return any Product purchased from us in its original condition within 28 days of delivery and receive a refund of the purchase price of such Product. An extended returns period is applicable to Christmas purchases (see below). We reserve the right to refuse to accept any returned Products that have been damaged or tampered with.
Extended returns period for Christmas purchases: please note that, for Products purchased in the final week of October or in November/December in any year, we are pleased to able to accept returns until 25 January the followng year.
To return a Product (other than JEANRICHARD watches) please send it to us with a completed returns slip (which will be delivered to you with the Product) and your despatch note, or valid receipt, to the following address within 28 days of delivery to you:
Please address all other Parcels to:
Arsenal Returns Department
Off Cutler Heights Lane
6.8 Other than JEANRICHARD watches (which must be returned to the Ferrari Express Ltd address stated above) Products may also be returned in person with proof of purchase to our Club stores including: The Armoury; The Arsenal Store: Finsbury Park, or The Arsenal Store: Highbury House, with your completed returns slip.
6.9 We will refund your reasonable delivery costs of returning faulty Products upon presentation of valid proof of purchase. Otherwise, you are responsible for all shipping and delivery costs of returning Products. Further details regarding delivery costs of returned Products are set out below.
6.10 Please note that the delivery of returned Products to us is at your own risk. We recommend that you use a courier or signed-for service when returning Products, in particular high value items such as JEANRICHARD watches.
6.11 If you return a Product to us in accordance with our “goodwill” returns policy, 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 you paid us for a defective Product in full, including any applicable delivery charges and any reasonable costs you incur in returning the item to us. In all other cases you will be responsible for all postage and packaging costs for the return of the Product.
6.12 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
6.13 Once a Product has been printed to your specification 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.
6.14 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 notified to you where applicable.
- AVAILABILITY AND DELIVERY
- 7.1 We send all Products to UK customers via 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 3 working days to the UK ; 5 working days to the Republic of Ireland ; 7 working days to the rest of Europe and 10 working days to the rest of the world. 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 the 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. If you purchase a JEANRICHARD watch it will be sent via courier and a signature is required. This parcel will be sent separately of any other Products in your order. These watches will be sent via our distribution company Ferrari Express LTD.
7.2 Delivery will be completed when we deliver the Products to the address stated in your order.
- 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.
- 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 referred to on our website. 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.
- OUR PRODUCTS
- 10.1 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.
10.2 The packaging of the Products may vary from that shown on images on our site.
- OUR PROMISE 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.
- OUR LIABILITY
- 12.1 We are responsible for any loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable or caused by events outside our control (for which see clause 17). Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into a contract with you pursuant to these terms and conditions.
12.2 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 12.3 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:
- loss of income or revenue ;
- loss of business ;
- loss of profits ;
- loss of anticipated savings ;
- loss of data; or
- waste of management or office time.
12.3 Nothing in this agreement excludes or limits our liability for :
- death or personal injury caused by our negligence ;
- fraud or fraudulent misrepresentation ;
- any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 ;
- 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);
- defective products under the Consumer Protection Act 1987; or
- 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.
- IMPORT DUTY
- 13.1 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.
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.
- 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.
- 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 firstname.lastname@example.org. 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 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.
- TRANSFER OF RIGHTS AND OBLIGATIONS
- 16.1 These terms and conditions are 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.
16.2 You may not transfer, assign, charge or otherwise dispose of any of your rights or obligations arising under these terms and conditions, without our prior written consent.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these terms and conditions at any time, but this will not affect your legal rights or our obligations under these terms and conditions.
- EVENTS OUTSIDE OUR CONTROL
- 17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by events outside our reasonable control (Event Outside Our Control).
17.2 An Event Outside Our Control includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following :
- strikes, lock-outs or other industrial action ;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport ;
- impossibility of the use of public or private telecommunications networks; and
- the acts, decrees, legislation, regulations or restrictions of any government.
17.3 Our performance of any of our obligations to you will be suspended for the period that the Event Outside Our Control 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 Event Outside Our Control to a close or to find a solution by which our obligations to you may be performed despite the Event Outside Our Control. If the Event Outside Our Control continues for a period of 30 days you may elect to cancel your order. If you wish to cancel, you must contact us in order to inform us of the same, and we will issue you with a full refund, including any delivery charges). Please note that if you elect to cancel in accordance with this clause 17.3 after any Products have been despatched to you, your refund will be subject to you returning such Products to us in a saleable condition. We will refund your reasonable costs in returning the Products to us.
- OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
- 18.1 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.
18.2 Any contract between you and us 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 may 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).
- OTHER IMPORTANT TERMS
- 19.1 If you breach these terms and conditions and we take no action against you, this will not act as a waiver of any of our rights or remedies under these terms and conditions or otherwise.
19.2 If any of these terms and conditions 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.
19.3 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 between you and us. 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.
19.5 Please note that these terms are governed by English law. This means that a contract between you and us for the purchase of Products through our site and any dispute or claim arising out of or in connection with it (including, but not limited to, non-contractual disputes and claims) 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