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Terms and Conditions
- Company Registration
- Introduction
- Acceptable Use
- Breaches of Terms & Conditions
- Your Rights
- Returns Policy
- Product Information
- Prices
- Basis of Sale
- Non-acceptance of order
- Payment
- VAT & Duty
- Credit Card Security
- Delivery of order
- Delivery Costs
- Privacy Policy
- Reviews & Comments
- Third Party Links
- Our Rights
- Severability
- Indemnity
- Copyright & Trademark Terms
- General
Company Registration
HaB International Ltd.
HaB International Limited, trading as www.theIRONMANstore.com company registration number 2035765, registered in England and Wales. Registered address: HaB International Ltd., Northfield Rd, Southam, Warwickshire CV47 0RD. VAT Number 522 5622 69.
Introduction
These Terms & Conditions govern your use of www.theIRONMANstore.com and by using www.theIRONMANstore.com you accept these terms and conditions in full. If you don’t agree with these terms and conditions, or any part of these terms and conditions, you must not use www.theIRONMANstore.com.
Acceptable Use
You must not use www.theIRONMANstore.com in any way that may cause damage to the website or impairment of the availability or accessibility of the website, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use www.theIRONMANstore.com to: copy or store; host or transmit; send or use; or publish or distribute any material which is linked to or consists of any spy ware, computer virus, Trojan horse, worm, keystroke logger, root kit or other malicious computer software.
You must not conduct any form of automated or systematic data collection, including without limitation scraping, data mining, data extraction and data harvesting, on or in relation to www.theIRONMANstore.com without express written consent from HaB International Ltd.
You must not use www.theIRONMANstore.com to transmit or send any unsolicited commercial communications.
You must not use www.theIRONMANstore.com for any purposes relating to marketing without express written consent from HaB International Ltd.
Breaches of these Terms & Conditions
Without prejudice to other rights under these terms and conditions for www.theIRONMANstore.com, if you breach these terms and conditions in any way whatsoever, we may take necessary action as we deem appropriate to deal with the breach, including suspending your access to www.theIRONMANstore.com, prohibiting your access to www.theIRONMANstore.com, blocking computers using your IP address from accessing www.theIRONMANstore.com, contacting your ISP (internet service provider) to request that they block your access to www.theIRONMANstore.com, and/or bringing court proceedings against you.
Your Rights
HaB International Limited is a UK based company that complies with UK consumer law, including the Distance Selling Regulations.
Returns & Shortages Policy
If items are missing from your order, please Contact Us as soon as possible, but within three (3) days of receipt of goods anyway.
If you are a resident in the UK, under the Consumer Protection (Distance Selling) Regulations 2000 you have a statutory right to cancel your order and receive a full refund within 30 days, if for any reason you are not entirely satisfied with your purchase or if the goods are faulty or damaged.
- Please Contact Us within three (3) days of receiving the goods. We will then advise you of the Returns procedure.
- Ensure goods are returned in their original packaging and in their new and unused condition.
- Please pack goods securely for transit using the original packaging and enclose a covering letter explaining your reason for returning the goods. Ensure the package is wrapped and labelled carefully; you are still liable for the payment of goods until we have received them back in good, resaleable condition.
- You are strongly advised to obtain at least a proof of posting. We cannot accept responsibility for parcels lost in transit.
- Returns are sent at your own expense. We will only refund the cost of reasonable postage where the item returned is deemed to be faulty.
Once we have received and verified the returned goods we will initiate the refund, replacement or exchange. This does not affect your statutory rights. (Please note the reasonable cost of shipping/delivery will not be refunded unless the goods are faulty.)
Address for Returns is as follows:
HaB International Ltd.,
Returns Department
Northfield Road
Southam
Warwickshire
England
CV47 0RD
UNITED KINGDOM
Please note that your right to return goods does NOT apply to products that fall into the following categories:
- Goods made to your specification (e.g. tailored to your own size, colour option etc).
- CDs, DVDs or other recording media, software or videos, if the seal is broken.
- Products where hygiene is important e.g. POWERbreathe if the seal is broken and packaging opened.
Product Information
Every care has been taken to ensure that all descriptions, measurements, colours and prices are correct. Measurements given are approximate. While every effort is made to ensure the accuracy of colour reproduction, colours may vary.
We do not declare or confirm the completeness or accuracy of information published on www.theIRONMANstore.com, nor do we commit to ensuring that www.theIRONMANstore.com remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to www.theIRONMANstore.com and the use of it (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
We try very hard to ensure that all items featured on this site are in stock or are available to order. However, due to the vast number of items featured, discontinued or out of stock items may not be removed immediately. If an item is unavailable, we reserve the right to substitute the item for a similar product at no extra cost to you. However, if you are unhappy with the substituted item, you can return the product at no extra cost to you. (Please see the 'Returns Policy' section).
Prices
Prices shown on product pages include UK VAT (Value Added Tax)* at the prevailing UK rate where applicable (ex-VAT prices are also shown) and are correct at the time of entry onto our system. VAT however does not apply to orders that are to be shipped directly to addresses outside the E.U. and other Tax Free areas.
*Cycle helmets that are CE marked are currently zero-rated for VAT in the UK (2010).
In the event that a product is listed at an incorrect price due to human or technical error, HaB International Limited shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price. HaB International Limited shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and monies have been set-aside on your credit card. Please note that prices can increase, as well as, decrease.
Please note that only one promotional code or other discount offer can be used per order, and not in conjunction with any other offers or promotional codes (including products marked as 'special offer').
Basis of Sale
When you proceed to checkout on the website, you offer to buy the Goods at the prices indicated including any delivery/shipping charges that apply to your purchase. All orders will be subject to these conditions. An order acknowledgement is sent to you automatically and you are advised to be aware that errors may have occurred, of which we are not aware despite our best efforts (please see under 'Non-acceptance of an order' heading). Because of this, we retain the right to cancel the order.
Non-acceptance of an Order
Orders may be rejected as a result of one of the following:
- The product you ordered being unavailable from stock
- Our inability to obtain authorisation for your payment
- The identification of a pricing or product description error
- A system error – such as an error with the automatic confirmation
- You request delivery outside of UK mainland and do not accept the extra shipping charges
Payment
The total cost of your order is the price of the Products ordered plus delivery/shipping charges and any other charges as set out in the 'Delivery Costs' section.
You may select to show prices in UK £ Sterling (GBP) or Euros (€) and prices include VAT at the prevailing UK rate. VAT is automatically added in the shopping basket for UK and E.U. customers. Prices are billed in UK £ Sterling (GBP). Currency conversions are approximate. You will be billed according to the exchange rate at point of transaction. Exchange rates will vary.
TheIRONMANstore.com accepts the following debit and credit cards: Visa, Mastercard, Delta and Switch/Maestro. Payment will be debited and cleared from your account. Please note that we do not accept American Express Cards.
You confirm that the credit, debit or store card that is being used is yours.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
You can also pay using PAYPAL, which is a safe, secure and fast way to pay online. You will need a PAYPAL account, details of which can be found online at www.paypal.com
VAT & Duty
Prices include VAT at the prevailing UK rate. VAT however does not apply to orders that are to be shipped directly to addresses outside the E.U. and other Tax Free areas. Such areas may incur local tax and duty. These and any additional charges for customs clearance are your responsibility, so please consult your local Customs’ office guidelines.
Credit Card Security
TheIRONMANstore.com includes steps to ensure your payment information is processed accurately and securely.
When your order is processed you are redirected to Sage Pay Secure Payment Processing, if you have selected this option. Sage Pay is level 1 PCI DSS compliant and active members of the Payment Card Industry Security Standards Council, so you can be confident that your data is safe. Sage Pay offers the highest level of card data security.
Every transaction is encrypted to the highest global standards and once on the Sage Pay systems, all sensitive data is secured beyond the levels demanded by the payments authorities and card schemes.
Delivery of Order
Orders are usually dispatched within 48 hours but please allow longer for non-stocked items. In some instances items from Ironman licensees have to be ordered in directly and therefore may have a longer delivery time. Transit times for carriers are shown below.
TNT
Express airmail delivery to most major European destinations within 1-3 working days after dispatch and Worldwide within 3-9 working days after dispatch. A signature is required on delivery. Detailed online tracking information is available. For more details visit www.tnt.com
Royal Mail
Delivery of small items to UK only within 1-3 working days after dispatch. It is not possible to track an order online. For more details visit www.royalmail.com
Parcel Force
Delivery of larger items to the UK only within 1-3 working days after dispatch. A signature is required on delivery. Detailed online tracking information is available. For more details visit www.parcelforce.com
Unless we have stated otherwise in writing, delivery dates are not guaranteed, although we shall make every reasonable effort to deliver goods by any quoted delivery date.
To prevent fraud theIRONMANstore.com will only ship to the same address as the billing address.
International Orders
TheIRONMANstore.com reserves the right to not ship to countries associated with credit card fraud.
Customers are responsible for paying all customs, fees and/or taxes associated with receiving the order.
Orders will only be shipped after payment has been received in full.
Delivery Costs
TheIRONMANstore.com uses your selected delivery method’s rate sheet to calculate shipping/delivery charges i.e. TNT, Royal Mail and Parcel Force, and an estimate will be provided in your shopping basket, which you will need to select before proceeding to checkout.
The price of shipping outside the UK is dependent upon the weight of the order and you will be able to see this cost in your shopping basket after entering your country destination.
Privacy Policy
We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998). We collect information about you for two reasons: firstly, to fully process your order and secondly, to provide you with the best possible service. The type of information we will collect include: name, address, telephone number, email and credit/debit card details. From time to time we may notify you of products or special offers of interest to you, which you can opt out of by ticking the appropriate box to unsubscribe.
You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999. Please Contact Us if you wish to opt out of any of our correspondence.
Your Personal Information may be disclosed to other reputable third parties who will help process your order, for example the courier selected to deliver your order. HaB International Limited requires all such third parties to treat your Personal Information as fully confidential and to fully comply with all applicable UK Data Protection and consumer legislation from time to time in place. We will not release your Personal Information to any company outside HaB International Limited for mailing or marketing purposes.
You should be aware that if the police or any other regulatory or government authority investigating suspected illegal activities requests us to provide your Personal Information and /or User Information we are entitled do so.
We expect you to maintain the confidentiality of your login details for your account.
Reviews & Comments
When submitting information to our website such as reviews, comments or questions, you understand that what you have submitted is not copyright protected and you are permitting its inclusion on theIRONMANstore.com website and other promotional material, including printed materials.
Third Party Links
Please note that once you have left www.theIRONMANstore.com, even via a link on our site, we cannot be held liable for any other websites policies.
Our Rights
Nothing in these terms and conditions for www.theIRONMANstore.com will: limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.
www.theIRONMANstore.com reserves the right to exclude certain manufacturer's products from our advertised discounts and special offers.
We reserve the right to:
Modify or withdraw, temporarily or permanently, this Website (or any part thereof, including products) and Mail Order Catalogues 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 or mail order. We may also update the Terms and Conditions from time to time, and your continued use of the website shall be deemed to be your acceptance of such changes. 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. We may also transfer, sub-contract or otherwise deal with our rights and / or obligations under our terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and / or obligations under these terms and conditions for www.theIRONMANstore.com.
We shall not be liable to you in respect of any business losses, incidental or consequential damages or expenses, including, but not limited to, damage to property, lost income, profits, economic or commercial losses and third party claims.
In respect of any loss or corruption of any data, database or software, we will not be liable to you.
In respect of any special, indirect or consequential loss or damage, we will not be liable to you.
In respect of any losses arising out of any event or events beyond our reasonable control, we will not be liable to you.
We will do our best to dispatch orders as quickly as possible but have no liability to you for any delay in the delivery of your order.
Severability
If a provision of these terms and conditions for www.theIRONMANstore.com is determined by any court or other competent authority to be unlawful and / or unenforceable, the other provisions will continue in effect. If any unlawful and / or unenforceable provision would be lawful or enforceable if part of it were deleted, that part is deemed to be deleted, and the rest of the provision will continue in effect.
Indemnity
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions for www.theIRONMANstore.com.
Copyright & Trademark Terms
Unless otherwise stated, we, Ironman, or Ironman licensees, own all intellectual property rights, code, articles, reports, trademarks, graphics, text, content, sound and other elements making up the website and mail order catalogues are protected by copyrights, trademarks and/or other proprietary rights of their respective owners.
IRONMAN, IRONMAN TRIATHLON, M-DOT, Iron Girl and Ironkids are registered trademarks of World Triathlon Corporation. Used here by permission. All other marks are trademarks of their respective owners.
You acquire no rights or licences in or to the Website and/or the Content other than the limited right to use the Website in accordance with these terms and conditions and to download no more than one copy of the Website for your personal, non-commercial use.
General
The www.theIRONMANstore.com terms and conditions are for the sole benefit of both you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
These terms and conditions for www.theIRONMANstore.com, including our privacy policy, constitute the entire agreement between you and us in relation to your use of www.theIRONMANstore.com, and supersede all previous agreements in respect of your use of this website.
No order is binding to you or HaB International Limited until we have accepted it.
All prices are subject to change. However, we will notify you before a contract is accepted and payment actually taken from your account.
Sales on this website are governed by English Law and you agree to submit any dispute to the exclusive jurisdiction of the English courts. All orders are subject to these terms and conditions, and no amendments will be accepted by us.
Please send any comments or complaints to our Head Office Address:
HaB International Ltd.,
Northfield Road
Southam
Warwickshire
England
CV47 0RD
UNITED KINGDOM
Or Contact Us
COPYRIGHT: 2010 HaB International Ltd