We know it might seem like a lot of information, but it is important, so please make sure that you read and understand these conditions before you agree to them. This page, along with the documents referred to on it, tells you about the legal terms and conditions on which we sell any of the products listed on our website to you.
My Club Europe PLC (“us”, “we”, or “our””My Club”) operates the www.mycluboutlet.co.uk website (the “Service”). Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Service website.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
- These terms
- 1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
- 1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
- Information about us and how to contact us.
- 2.1 Who we are. We are My Club Europe PLC, a company registered in England and Wales. Our company registration number is 12087282 and our registered office is 2 Oxted Chambers,
185-187 Station Road East, Oxted Surrey RH9 0QE.
- 2.2 How to contact us. You can contact us by writing to us 2 Oxted Chambers,
185-187 Station Road East, Oxted Surrey RH9 0QE or contact us
- 2.3 How we may contact you.If we must contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- 2.4 “Writing” includes emails.When we use the words “writing” or “written” in these terms, this includes emails.
- Our contract with you
- 3.1 How we will accept your order.Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
- 3.2 If we cannot accept your order.If we are unable to accept your order, we will inform you of this and will not charge you for the product. There are several reasons we might not accept your order, for example:
- (a) we have identified an error in the price or description of the product;
- (b) your account with us has been suspended or terminated for any reason;
- (c) we reasonably believe that you are buying products from us with the intention of reselling them;
- (d) we are unable to meet a delivery deadline you have specified; or
- (e) because of unexpected limits on our resources which we could not reasonably plan for.
- 3.3 Your order number.We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
- 3.4 Minimum age requirements. We do not accept orders from persons under the age of 16. By placing an order with us, you confirm that you are at least 16 years old.
- Our products
- 4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. And although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website are approximate only.
- 4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
- 4.3 Making sure you order the correct size. You are responsible for taking any measurements and ensuring that those measurements are correct.
- 4.4 Product Authenticity.All products we provide are sourced from the manufacturer and are thus the legitimate and authentic product.
- Our rights to make changes.
- 5.1 Minor changes to the products. We may change the product to reflect changes in relevant laws and regulatory requirements, or to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
- 5.2 Changes to these terms. We may make changes to these terms from time to time, for example, to reflect changes in relevant laws and regulatory requirements, or to implement ‘good practice’ or to improve the efficiency of our order and delivery process. We will always display the current version of these terms on our website. The version of these terms displayed on our website at the time you place your order will be the terms that apply to your order.
- 5.3 Withdrawing special offers. We may withdraw any offer, special promotions or promotional code without notice at any time.
- 5.4 If all products that you order are out of stock. We will cancel your order (see section 0) and provide you with a full refund.
- 5.5 If only some of the products that you order are out of stock. We will notify you in writing of those products that are out of stock, but we will continue to deliver the rest of your order. We will provide you with a full refund for those products that are out of stock (see sections 10.4 and 10.6). You have the right to cancel your order for the rest of the products that we deliver to you (see section 9).
- Delivering the products
- 6.1 Delivery costs.The costs of delivery will be as displayed to you on our website at checkout.
- 6.2 When we will provide the products. During the order process, we will let you know when we will expect to be able to provide the products to you. We will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
- 6.3 We are not responsible for delays outside our control.If our delivery of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and receive a refund for any products you have paid for but not received.
- 6.4 Delivery of your first order. When you place your first order with us, we may insist that we deliver the products to the address registered to the cardholder of the credit or debit card that you used to make payment, regardless of any alternative address you provide us.
- 6.5 Delivery of all subsequent orders. Apart from your first order, you may ask us to deliver the products to an alternative address. We may attempt to deliver the products either to that alternative address, or to the address registered to the cardholder of the credit or debit card that you used to make payment. If we deliver the products to one of those addresses, you agree that we will have delivered the products to you.
- 6.6 If you are not at the property when the product is delivered. If no one is available at the address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot. Please note that we will not comply with any instructions that you leave at your property, for example, a note on your door asking us to deliver to a next-door neighbour, because we would not be able to verify that this was a genuine note left by you.
- 6.7 If you do not re-arrange delivery. If, after three failed delivery attempts or after 90 days (whichever happens sooner), you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may cancel your order and section 11 will apply.
- 6.8 If we cannot gain access to the property. If you do not allow us access to the property in order to deliver the products to you (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to the property (or an alternative property) we may end the contract and section 11 will apply.
- 6.9 If you do not receive the products from us. If you have not received delivery of the products within 14 days of the date, we notify you by email that the products have been dispatched, please inform us by contacting us.
- Notice of Non-Delivery
Please Contact us and have the following info available:
We* hereby give notice that I/we* have not received my/our* order for the following products:
Products not received:
Name of customer(s):
Address of customer(s):
Email address of customer(s):
Telephone number of customer(s):
Signature of customer(s) (only if this form is notified on paper):
* Delete as appropriate
- 6.10 What we will do when we receive a Notice of Non-Delivery. We will send you a Denial of Receipt Letter to complete and return to us. We will make reasonable efforts to locate the missing products and may contact you for further information. We will update you within 14 days of receipt of the Notice of Non-Delivery.
- 6.11 If we locate the missing products. We will arrange to re-deliver them to you.
- 6.12 If we cannot locate the missing products. We will offer you one or more of the following options:
- (a) where we still have products in stock, we may offer to deliver the missing products to you; or
- (b) we will offer you the option to cancel the order (see section 10).
and notify you of the time by which we will need to receive confirmation of which offer you wish to accept, failing which, we will assume you wish to take up the option to cancel the order.
- 6.13 If you receive the wrong products from us. In the unlikely event of an error with your order, please inform us within 48 hours of your receipt of the order by contacting us. We will send you a Notice of Error form to complete and return to us to provide us with details of the error.
- 6.14 What we will do when we receive a Notice of Error. We will investigate the issue with your order and may contact you for further information. We will update you within 14 days of receipt of the Notice of Error.
- 6.15 What we will do if there has been an error with your order. If our investigations establish that there has been an error with your order, we will offer you one or more of the options in section 8.12 (a)-(b) above and notify you of the time by which we will need to receive confirmation of which offer you wish to accept, failing which, we will assume you wish to take up the option to cancel the order.
- 6.16 When you become responsible for the products. The products will be your responsibility from the time we deliver the product into your physical possession, or to another person you have notified us is permitted to accept delivery of the products.
- 6.17 When you own goods. You own the products once we have received payment in full.
- 6.18 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your choice of size and colour. If so, this will have been stated in the description of the products on our website. If you give us incomplete or incorrect information, we may either cancel your order (and section 11 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you giving us incomplete or incorrect information.
- 6.19 Reasons we may suspend the supply of products to you. We may suspend the supply of a product:
- (a) to deal with technical problems or make minor technical changes;
- (b) to update the product to reflect changes in relevant laws and regulatory requirements;
- (c) if we can demonstrate that you are buying products from us with the intention of reselling them (see section 5);
- (d) if we reasonably believe that you have failed to comply with these terms; or
- (e) to make changes to the product as requested by you or notified by us to you (see section 7).
- 6.20 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product unless the problem is urgent or an emergency. You may contact us to cancel your order for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you cancel the order.
- 6.21 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see section 13.4), for example, your payment is declined by your credit card provider or your bank, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. As well as suspending the products we can also charge you interest on your overdue payments (see section 13.5).
- Your rights to cancel your order
- 7.1 When you can cancel your order with us.Your rights to cancel an order will depend on what you have bought, whether there is anything wrong with it and when you decide to end the contract:
- (a)If what you have bought is faulty or misdescribed you may have a legal right to cancel your order (or to ask us to repair or replace the product), see section 12;
- (b)If you want to cancel your order because of something we have done or have told you we are going to do, see section 7.2;
- (c)If you have just changed your mind about the product, see sections 7.3 and 7.4.You may be able to get a refund if you are within the cooling-off period or the ‘no quibble 28-day returns’ period, but this may be subject to deductions and you will have to pay the costs of return of the products;
- 7.2 Cancelling an order because of something we have done or are going to do.If you are cancelling an order for a reason set out at (a) to (e) below, the order will be cancelled immediately, and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
- (a) we have told you about an upcoming change to the product which you do not agree to
- (b) we have told you about a change to these terms which you do not agree to
- (c) we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
- (d) there is a risk that supply of the products may be significantly delayed because of events outside our control;
- (e) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
- (f) you have a legal right to cancel the order because of something we have done wrong.
- 7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online, you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
- 7.4 When you do not have the right to change your mind. You do not have a right to change your mind in respect of:
- (a) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them (for example, underwear, swimwear, pierced earrings, toiletries and fragrances); and
- (b) any products which become mixed inseparably with other items after their delivery.
- 7.5 How long do I have to change my mind? Where you wish to take advantage of the rights under the Consumer Contracts Regulations 2013, you have 14 days after the day you (or someone you nominate) receives the products. Where your products are split into several deliveries over different days, you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products. Where you wish to take advantage of the rights under our ‘no quibble 28-day returns policy’, you have 28 days after the day you (or someone you nominate) receives the products.
- How to cancel your order (including if you have changed your mind)
- 8.1 Tell us you want to cancel your order. To cancel your order, please let us know by doing the following:
- Please contact us, provide your name, home address, details of the order and, where available, your phone number and email address.
- Model cancellation formTo My Club Europe PLC,I/We* hereby give notice that I/we* cancel my/our* order for the following products:
Name of customer(s):
Address of customer(s):
Signature of customer(s) (only if this form is notified on paper):
* Delete as appropriate
© Crown copyright 2013.
- 8.2 Returning products after cancelling your order.If you cancel an order you must return the products to us at our returns address is Returns Department, My Club Europe PLC, 2 Oxted Chambers,
185-187 Station Road East, Oxted Surrey RH9 0QE. If you are exercising your right to change your mind, you must send off the products within 14 days of telling us you wish to cancel the order.
- 8.3 When we will pay the costs of return. We will pay the costs of return:
- (a) if the products are faulty or misdescribed;
- (b) if you are cancelling an order because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
- 8.4 How we will refund you.We will refund you the price you paid for the products (including delivery costs, where appropriate), by the method you used for payment. However, we may make deductions from the price, as described below.
- 8.5 Deductions from refunds if you are exercising your right to change your mind.If you are exercising your right to change your mind:
- (a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products if this has been caused by your excessive handling of them in a way which would not be permitted in a shop. If we refund you the price paid before we can inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- (b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer (namely our ‘standard UK delivery’ cost).
- 8.6 When your refund will be made. We will make any refunds due to you as soon as possible. Your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, within 14 days from the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see section 10.2.
- Our rights to end the contract.
- 9.1 We may cancel an order if you do not comply with these terms. We may cancel an order for a product at any time by writing to you if:
- (a) you do not pay us for the products when you are supposed to, for example, your payment is declined by your credit card provider or your bank;
- (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
- (c) you do not, within a reasonable time, allow us to deliver the products to you;
- (d) we can demonstrate that you are buying products from us with the intention of reselling them;
- (e) you are under 16 years old;
- (f) you behave in an abusive or offensive manner towards our staff;
- (g) we are unable to verify your address or other details in order to satisfy our security procedure for delivery or card processing purposes.
- 9.2 If all products that you order are out of stock. We will cancel your order and provide you with a full refund.
- 9.3 You must compensate us if you do not comply with these terms. If we cancel an order in the situations set out in section 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you not complying with these terms.
- 9.4 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. In some circumstances, we may not be able to provide you with advance notice, for example, where a product is withdrawn from sale by reason of us complying with relevant laws and regulatory requirements. In all other cases, we will let you know in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
- If there is a problem with the product
- 10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us or write to us at 2 Oxted Chambers,185-187 Station Road East, Oxted Surrey RH9 0QE
- 10.2 Your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights. For more information about your legal rights please visit the Citizens Advice Bureau website www.citizensadvice.org.uk or call 03454 04 05 06.
- 10.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products, you should not attempt to repair the products and you must return them to us at 2 Oxted Chambers, 185-187 Station Road East, Oxted Surrey RH9 0QE. We will only pay the costs of postage if there is a problem with the product. Please contact us for a return label.
- Price and payment
- 11.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see section 11.3 for what happens if we discover an error in the price of the product you order.
- 11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
- 11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced in our catalogues and/or on our website. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may cancel your order, refund you any sums you have paid and require the return of any products provided to you.
- 11.4 When you must pay and how you must pay. We accept payment with PayPal, Mastercard, Visa and Visa Debit, American Express and you must provide your credit or debit card details at the time of placing your order. You must pay for the products before we dispatch them.
- 11.5 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 3% a year above the Bank of England’s base rate from time to time. This interest shall accrue daily from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
- 11.6 If your payment is declined by your credit card provider or your bank. Your credit card provider, your bank or our debt collection company may charge you a fee. The amount of that fee is beyond our control. Where we incur any fee as a result of a declined payment, you must reimburse you for the fee we incur.
- 11.7 What to do if you think a payment is wrong. If you think a payment is wrong, please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
- Multi-buy offers
- 12.1 How we apply multi-buy offers. From time to time, we may issue multi-buy offers, for example, ‘buy one get one free’ or ‘buy three products and get the lowest priced product for half-price’. Multi-buy offers cannot be used on permanently reduced products, sale products or brand concession products. If you require a refund or replacement of products that were subject to a multi-buy offer, then all products (including those that you would otherwise want to keep) must be returned to us. The free or discounted product cannot be refunded on its own for money or credit.
- 12.2 What other terms apply to multi-buy offers. When we issue a multi-buy offer, we reserve the right to apply additional terms and conditions to the use of that offer which we will make clear to you at the time. We also reserve the right to withdraw or amend an offer at any time without giving you prior notice. There is no cash alternative available.
- Our responsibility for loss or damage suffered by you.
- 13.1 We are responsible to you for foreseeable loss and damage caused by us.If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the order process.
- 13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us and supplied with reasonable skill and care and for defective products under the Consumer Protection Act 1987.
- 13.3 We are not liable for any other loss arising from unauthorised access to your account. It is your responsibility to keep your email address, account log-in details and password safe and secure. We shall be entitled to treat any orders that we receive using your account and your stored credit or debit card details as coming from you or being authorised by you, and we will process those orders in accordance with these terms. Unless we are responsible under section 15.1 or 15.2, we have no liability to you for any loss or damage you suffer as a result of any person gaining unauthorised access to your account and placing an order with us.
- 13.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- How we may use your personal information.
- How to make a complaint.
- 15.1 How to contact us in the first instance. We want you to be pleased with any purchase you make from us, so if there’s something you’re not happy with please let us know as soon as possible by sending an email and we will try and resolve the problem for you.
- 15.2 If you are not happy with our initial response. Please send us a letter addressed to 2 Oxted Chambers,185-187 Station Road East, Oxted Surrey RH9 0QE, providing us with your order number and full details of your complaint, or alternatively contact us. We will respond to you within 14 days of receiving your letter with a suggested course of action to try and resolve the problem.
- 15.3 If we cannot resolve your complaint. If we are unable to resolve your complaint via our internal complaints procedure above, you may wish to use the European Online Dispute Resolution Platform (ODR platform), available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
- Other important terms
- 16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer, you may contact us to cancel any outstanding orders within 30 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
- 16.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may require the person to whom your rights are transferred to provide reasonable evidence that they are now the owner of the relevant product.
- 16.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in section 18.2 in respect of our ‘no quibble 28-day returns policy’.
- 16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the sections of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.
- 16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you later. For example, if we can demonstrate that you are buying products from us with the intention of reselling them and we accept your order, we can still take any of the action permitted by section 5 later.
- 16.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
- Use of our website
- 17.1 Terms on which we make our website available. By using our website, you confirm that you accept the terms set out in section 17. If you do not agree to the terms set out in section 19, you must not use our website.
- 17.2 We may update our website. We may update our website from time to time and change the content at any time. Any changes to the products or these terms will be dealt with by section 7.
- 17.3 Our website may not always be accurate or available. We take all reasonable care to ensure that our website is accurate, but we cannot guarantee that our website, or any content on it, will be completely free from errors or omissions. We do not guarantee that our website will always be available, or you will be able to use it without interruption. Access to our website is permitted on a temporary basis, and we may suspend or withdraw all or any part of our website without notice. We will not be responsible for any loss or damage you suffer if our website is unavailable at any time.
- 17.4 You must use our website lawfully. You may use our website only for lawful purposes. You may not use our website:
- (a) In any way that breaches any applicable local, national or international law or regulation
- (b) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
- (c) For the purpose of harming or attempting to harm minors in any way
- (d) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam)
- (e) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- 17.5 Using our name and the images and material on our website. We are the owner of all intellectual property rights in our website. You must not use any images or material from our website for any commercial purpose, for example, advertising products that you have bought from us for resale on other websites.
- 17. 6 Use of third-party trademarks on our website. We use third party trademarks on our website for the purpose of describing and identifying the products that we sell on our website. We are not associated, linked or affiliated with the owners of any third-party trademarks we use on our website, and do not endorse any of their businesses or products.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that [company-name] is not responsible for any loss or damage arising from the submission of false or inaccurate information.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You expressly agree that [company-name] cannot accept any liability for loss or damage arising out of such cancellation.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other websites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section “Availability, Errors and Inaccuracies” is without prejudice to existing statutory rights.
When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.
Our Service may contain links to third-party websites or services that are not owned or controlled by My Club.
My Club has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless My Club and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
In no event shall My Club, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
My Club its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components, or d) the results of using the Service will meet your requirements.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will My Club ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by My Club or any person for whom My Club is responsible, and even if My Club has been advised of the possibility of such loss or damage being incurred.
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.