Terms & Conditions
1. Definitions a. ‘Seller’ means Pandion Sports Limited. ‘Buyer’ means the person, firm or company contracting with the Seller to buy goods from the ‘Seller’. ‘Goods’ means all goods supplied to the buyer by the seller from time to time. 'Order' means an order placed by the Buyer for the supply of Goods.
2. General a. If you are a consumer nothing in these terms and conditions will affect your statutory rights as a consumer, nor does it affect your contract cancellation rights. b. These terms and conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and we reserve the right to change these terms and conditions at any time. These terms will form part of the contract and prevail over any representations in marketing, advertisements or publicity and over any terms put forward by the buyer. The buyer should consider the date on these conditions of sale to ensure that this is the latest copy. When ordering items from Pandion Sports Limited. It will be assumed that a buyer has full knowledge and accepts all terms and conditions herein. c. These terms and conditions should be read in their entirety and will constitute the terms and conditions for the whole agreement.
3. Orders a. All orders for goods shall be deemed to be an offer by you, the buyer, to purchase goods pursuant to these terms and conditions. b. You, the buyer, shall be responsible for ensuring the accuracy of the details provided on the order form and we will not be obliged to accept an order unless all details requested on the order form have been entered correctly. c. We are entitled to refuse any order placed by you and will not be required to provide an explanation. d. Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it.
4. Carriage a. Prices shown for carriage, except where otherwise stated, are those for England and Wales mainland. Outside of this area or for items which have special carriage terms (listed with each item) follow any instruction given on line or call us prior to ordering to ascertain current rates.
5. Price a. Pandion Sports Limited publishes a separate price list, which is revised from time to time. We will endeavour to maintain these prices but from time to time individual prices may vary at short notice. When the price is different from the published price we will endeavour to notify you as soon as possible.
6. Payment a. Payment will either be in full or an account subject to approval when an order is placed. It will be by credit card or cheque. b. By placing an order, you, the buyer, consent to payment being charged to your credit card account as provided on the order form. c. For items purchased on line payment is required by credit or debit card unless previously agreed in writing by the Seller. The Buyer should make sure that there is sufficient funds at this time otherwise the purchase will be cancelled and the Buyer maybe liable for any costs incurred by the Seller.
7. Account Holders a. The Seller can provide an opportunity for regular Buyers to open accounts to buy goods on account. Unless otherwise stated by the seller full Payment will be met monthly at the same day each month following an invoice being issued. If there is a balance outstanding beyond this date the seller will charge interest at 3% above the Bank of England base rate. (The seller reserves the right to waive this interest). All account holders will have a credit limit. The Account holder will not exceed this limit.
8. Property a. All of the Goods remain the property of the Seller until they have all been paid for and all debts and balances owed to us on any ground are settled in full by the Buyer. b. At any time the seller may recover from the buyer any goods as a result of any infringement of the Conditions of Sale laid down by the Seller or if the credit amount outstanding on the Buyers account exceeds his credit limit the Seller is willing to afford him at the Sellers absolute discretion. c. The Seller shall (without any prejudice to their other rights hereunder) be entitled at any time after the due date for payment stated hereinbefore or before such date in the event that serious doubt arises as to the buyers solvency give notice in writing to the Buyer to pay within 7 days the full price of the goods under this or any other unpaid contract between the Buyer and the Seller and that at the end of these 7 days if the Buyer has failed to pay the whole outstanding price the Seller shall be entitled to full recovery of the goods under the respective contracts by which they were bought. Also on appointment of a receiver over the whole or part of the Buyers undertakings or the passing a resolution or making an order to wind up his undertakings the Buyer grants the seller a license to enter his premises during normal business hours for the purpose of removing such goods from the Buyers premises. d. On delivery to the Buyer all risk whatsoever in relation to the goods, there storage and usage passes to the Buyer notwithstanding the fact that title to property may not have passed.
9. Delivery a. The goods will be delivered to you, the buyer, only at the curbside of the address provided by you on the order form / web order unless otherwise agreed. b. The risk in the goods shall pass to you upon such delivery taking place. c. Any dates quoted for delivery of the goods are approximate only and we shall not be liable for any delay in delivery of the goods however caused. We shall however endeavour to deliver within 21 days. d. We shall not be liable to you, the buyer, for short delivery of the goods however caused but will provide you with the outstanding goods as soon as is reasonably practical.
10. Website a. We will attempt to ensure that the information available on the website at any time is accurate. However, we will not be held liable for any errors or omissions. We will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these. b. All drawings, descriptive matter and specifications of the goods on the website are for the sole purpose of giving an approximate description of the goods. c. We may also change, suspend or discontinue any aspect of the website, including the availability of any features, information, database or content or restrict access to parts or the entire website without notice or liability. d. Pandion Sports Limited accept no responsibility for any viruses which may infect our system and be downloaded onto customers computers or for any damage caused by other software or material on it’s website which may be capable of corrupting or damaging software or hardware of computers connecting with it.
11. Disclaimer a. Pandion Sports Limited, will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any: a. economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or b. loss of goodwill or reputation; or c. special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions. b. Except where the buyer is dealing as consumer (as defined in the Unfair Contract Terms Act 1977 section 12) the Seller does not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of the goods.
12. Law a. These terms and conditions shall be subject to English Law and jurisdiction for disputes and breaches will be limited to Courts and dispute resolution tribunals and bodies in England and Wales.
13. Receipt and Return of Goods a. The buyer, will inspect the goods upon delivery and will notify the seller immediately of any damages or shortages. Any defects in the goods notify the seller within 10 working days from the date the goods were delivered. Save in respect of any shortages or defects if you, the buyer, fail to comply with this clause we will not be held legally liable in respect of any other complaint which should have been brought to our attention within this period. b. Otherwise than in 12. a. above, goods cannot be returned without prior consent of the seller in writing. Handling charges may be levied for returned goods and repackaging charges if packaging has been removed or damaged. Acceptance of the return of used goods may be refused or alternatively a repair charge may be levied at the Sellers discretion. c. Reimbursement will be the same method of payment as the original payment unless otherwise agreed by the both parties. d. The Sellers invoice always follows despatch of the goods. If after three days following receipt of the invoice the Customer has not received the goods, the Seller should be informed by telephone or in writing. Failure to do so could render invalid any claim the Seller might have on the transporter or carrier whose own trading conditions may be governed by a time period. In the event of any goods being delivered damaged or short delivered, the carriers note should be endorsed accordingly and a copy should be sent to the Seller within 3 days of delivery of the goods. The Seller will not accept responsibility for any loss or damage if this condition is not adhered to.
14. Sale or Return a. Goods can be supplied on Sale or Return, subject to the following conditions: a. Unless otherwise agreed, the period of trial will be fourteen days from receipt of the goods. At the end of this period the goods will be invoiced as a Sale unless the Seller has indicated otherwise in writing. b. Goods may be used for evaluation purposes only and must be maintained in a clean “as new” condition. Costs of repairing any damage caused to the goods may be charged to the Buyer. c. In the event of goods not proving suitable, the Seller must be advised and they must be returned to the Seller at the Buyers expense and in original condition. d. In the event of the goods being accepted, the Seller’s carriage charges and trading terms will apply.
15. Cancellations a. Cancellations of orders are accepted only after an agreement has been reached with the Seller and confirmed in writing, with a specification of reimbursement or other compensation due to the Seller if applicable. We do not accept any cancellations of specially order or non standard products ordered outside our standard product range.
16. Force Majeure a. The Seller will not be liable to the Buyer for any matter which arises from any war, riot, Act of God, strikes, extreme weather or any other events beyond the Sellers control.
17. Intellectual Property a. The copyright in the material contained in the website, catalogue and other documentation issued by Pandion Sport Limited and any trademarks and brands included in that material belongs to Pandion Sports Limited or its licensors. b. You may download or copy the content and other down-loadable items displayed on the website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the website for other than personal use is expressly prohibited.
18. Data Protection a. This site is owned and run by Pandion Sports Limited. We do not collect any data about you unless you have filled in forms on our site. Any data collected from our forms is only used for our own processing use to aid us to give you the best service and so we can keep in contact, but this information will not in any way be passed or sold to any third party unless legally obliged. We do collect email addresses to use to send out product, services information and special offers, but this is an opt in data collection (found mainly on our forms) and at any time you can opt out and we will remove all your details from our databases. If you have any other queries about our policies please do not hesitate to contact us to discuss.