Terms & Conditions
Terms & Conditions
Welcome to the Sporty Rascals website terms and conditions for use.
These terms and conditions apply to the use of this website and by accessing this website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, you may not use or access this website.
Before you place an order, if you have any questions relating to these terms and conditions, please contact us by email, or call us on +447472 404540. All calls to Customer Services will be charged at the local rate (BT users only, other network charges may vary), and both inbound and outbound calls may be recorded for quality monitoring and training purposes.
These terms and conditions will apply to all orders for products or services which are being delivered within the UK.
• Conditions – means these terms and conditions and the special conditions.
• Product – means a product displayed for sale on the website.
• Product description – means that part of the website where certain terms and conditions in respect of the individual product are provided.
• Service – means a service displayed for sale on the website.
• Service description – means that part of the website where certain terms and conditions in respect of the individual product are provided.
• Users – means the users of the website collectively.
• Personal information – means the details provided by you on registration.
• We/us – means Sporty Rascals, registered office: Emmaus Accountants, Westmead House, Farnborough. Hampshire, GU14 7LP. Company registration number 8675027.
• Website – means the website located at www.sportyrascals.com or any subsequent URL which may replace it.
• Cookies – means small text files which our website places on your computer’s hard drive to store information about your shopping session and to identify your computer.
• United Kingdom – means England, Wales, Scotland, Northern Ireland and the Channel Islands.
• You – means a user of this website.
Use of the website
You are provided with access to this website in accordance with these conditions and any orders placed by you must be placed strictly in accordance with these conditions.
You warrant that:
• The personal data which you are required to provide when you register as a customer is true, accurate, current and complete in all respects
• You will notify us immediately of any changes to the personal data by contacting us.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the conditions by you or any other liabilities arising out of your use of this website, or the use by any other person accessing the website using your shopping account and/or your personal information.
We reserve the right to:
• modify or withdraw, temporarily or permanently, this website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website; and/or
• change the conditions from time to time, and your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the conditions have been changed. If you do not agree to any change to the conditions then you must immediately stop using the website.
Third party links
To provide increased value to our users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
When you use our website, you’ll see that we offer you recommendations, showing products and/or services we think you might like and could perhaps miss when you’re browsing the site.
Please see our Privacy Notice if you’d like more information on how we use your personal data to recommend products to you.
Privacy and cookies
We will treat all your personal data as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable privacy regulations and consumer legislation.
In the privacy notice, you can also find out how to stop receiving marketing information.
Please see our cookies policy to learn more about what cookies we use, their nature, purpose and related usage of your personal data on sportyrascals.com.
Description of products
Each product or service purchased is sold subject to its product/ service description which sets out additional specific conditions related to that product or service including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees. We will take all reasonable care to ensure that all details, descriptions and prices of products or services appearing on the website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the website as up to date as possible, the information including product/ service descriptions appearing on this website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a product or service until your order is accepted in accordance with our order acceptance policy.
Ordering, cancelling and returning products
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website. Find out more about our refund policy which is incorporated into these conditions.
Contract creation and electronic contracting
The technical steps required to create the contract between you and us are as follows:
• You place the order for your products and/or services on the website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the website.
• We may send you an order acknowledgement email as soon as you place your order, and you will receive an order confirmation email detailing the products and/or services you have ordered. These emails do not constitute acceptance of your order.
• For items being delivered to you, when your product is shipped from our warehouse we will send you a despatch confirmation email.
• Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the products and/or services ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in your order confirmation email.
• For most products sent directly from our warehouse, your credit/debit card will be charged when your order is placed.
Non-acceptance of an order may be a result of one of the following:
• The product and/or service you ordered being unavailable from stock.
• The delivery location is not possible for us to fulfil and thus we are unable to send the products to you.
• Our inability to obtain authorisation for your payment.
• The identification of a pricing or product/ service description error.
• You’re not meeting the eligibility to order criteria set out in the main Terms & Conditions.
• Should we have taken payment prior to non-acceptance of your order then we will refund you, but please note that it can take up to 5 days for the bank to transfer the funds to you.
The contract will be concluded in English.
The details of your specific contract will not be filed by sportyrascals.com
If you do require any information regarding orders you have placed with Sporty Rascals Group, please write to us at: Sporty Rascals Group C/O Emmaus Accountants, Westmead House, Farnborough. Hampshire, GU14 7LP.
Consumer contracts regulations 2013
This legislation offers you the following cancellation rights when you buy online or by phone:
• You are entitled to cancel your contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the goods or services or for online courses no more than 30% accessed.
• Your right to return or cancel products does not apply to goods that are made to measure or are made to your specification, that have been clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly. This doesn’t affect your statutory rights if goods are faulty or not as described.
• If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them.
• To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address.
• You can cancel by email: firstname.lastname@example.org, or call +447472 404540, or write to: Sporty Rascals Group C/O Emmaus Accountants, Westmead House, Farnborough. Hampshire, GU14 7LP.
• If you decide to cancel a product order, you should return the goods to us at your cost within 14 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation rights apply. This includes the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery).
• If you should decide to cancel a service order, you should do so within 5 days of purchasing. No refunds can be offered if you cancel a service order after 6 days from date of purchase.
• We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement no later than 14 days after the day we receive back from you any goods supplied.
Please see our refund policy for further details.
Intellectual property and right to use
You acknowledge that the Site may contain our proprietary information and/or the proprietary information of our licensors, and that such information may be protected by applicable intellectual property laws. We (and our licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to our technology and the Site, and any derivatives, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Site, and any aggregated metrics, data and trends compiled by us. Our name, logo, and the product and service names associated with the Site and us are trademarks of the Company or third parties, and no right or license is granted to use them hereunder. The Site may include trademarks, service marks or logos of third parties, all of which are the property of their respective owners. In addition, unless otherwise specified in a separate written agreement between you and the Company, all content published on the Site belongs to the Company and/or its licensors under applicable copyright law.
Sporty Rascals Group grants you a limited license to access and make use of the website. As a condition of such license, you agree:
• not to download or modify any part of the website, except with the express and prior written consent of Sporty Rascals Group;
• not to download or copy any account information for the benefit of another merchant;
• not to collect or make any use of any product listings, descriptions, or prices;
• not to resell or make any commercial use of this website or its contents;
• not to reproduce, duplicate, copy, sell, resell or otherwise exploit the website for any commercial purpose without express written consent of Sporty Rascals Group;
• not to make any derivative use of this website or its contents;
• not to frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Sporty Rascals Group without express written consent from Sporty Rascals Group;
• not to use any meta tags or any other “hidden text” utilising the Sporty Rascals Group name or trademarks without the express written consent from Sporty Rascals Group Compliance with Laws;
• not to modify the paper or digital copies of any materials you have printed off or downloaded in any way, and not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;
• You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors;
• Any content you send to us or which you upload to our site will be considered non-confidential. You retain all of your ownership rights in your content, but when you transmit or upload such material, you grant us and other users of our site a perpetual, worldwide, non-exclusive, royalty-free licence to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. For example, we might incorporate your reviews of our products into our promotional and/or marketing literature;
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the website.
Limitation of Liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy. The website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products and services. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
• any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
• any loss of goodwill or reputation; or
• any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the conditions.
Nothing in the conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our staff. Our total aggregate liability arising in connection with our performance of this agreement shall be limited to the greater of (i) £250 or (ii) three times the price paid for the Products during the 12 months preceding the date on which the claim arose.
Any exercise program, even in healthy individuals, carries risk. You have a responsibility to exercise you own personal judgment, as well as any other considerations, before acting on any of the content provided by us.
If any part of the conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the conditions and shall not affect the validity and enforceability of any of the remaining provisions of the conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These conditions govern our relationship with you. Any changes to these conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Sporty Rascals Group and you are expected to do. You confirm that, in agreeing to accept the conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the conditions.
The conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
For any queries regarding our products or services, please contact us via email, phone or post.
Our company details are:
Sporty Rascals Group
Registered office: Sporty Rascals C/O Emmaus Accountants, Westmead House, Farnborough. Hampshire, GU14 7LP
Registered in England. Company registration number: 08675027