Terms & Conditions
1. FLY SPORTS LIMITED AND YOU
1.1. This website, found under the www.flysportsuk.com URL (Website), is operated by Fly Sports (UK) Limited (Fly) and references to "we", "us" and "our" shall be deemed to be references to Fly. References to "you" and "your" shall be deemed to be references to any person placing an order via this website.
1.2. Access to and use of the Website and the products and services available through the Website are subject to the following terms, conditions and notices (the "Terms of Service"). By accessing the Website to purchase our products, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should visit the Website regularly to take notice of any changes we may have made to the Terms of Service.
1.3. Access to the Website is permitted on a temporary basis. We will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time and at our sole discretion we may restrict access to some or all parts of the Website.
2. PLACING AN ORDER
2.1. You must provide your correct name, phone number, e-mail address and other requested information as indicated when placing an order on this Website. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided.
2.2. Products must be purchased by you for personal or gift use and should (i) not be re-sold, used for commercial purposes or any other commercial benefit and (ii) Fly reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
2.3. Terms of Service 2(i) and (ii) may be disapplied by written agreement between Fly and you.
2.4. By making an offer to purchase our products you expressly authorise us to perform credit checks and where Fly feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties to authorise individual purchases. Payment by credit or debit card will be processed via payment processing companies Sage Pay and PayPal. You can find Sage Pay’s and PayPal’s terms and conditions on their respective websites located at www.sagepay.co.uk and www.paypal.com/uk/home
2.5. By placing an order with us you will be deemed to have read, understood and agreed to these Terms of Service and that you are making an offer to Fly to purchase the goods detailed in your order upon the terms described in your order.
2.6. Once you have placed an order we will send you a confirmation that your order has been received but this is not a confirmation that your offer to purchase the goods has been accepted. A contract between you and Fly for the sale of our products will only exist once an order has been accepted and processed. Your credit or debit card will be authorised when your order is placed and you will be charge for the value of the goods once we accept your order.
2.7. Prices and availability of our products are subject to change without notice. A delivery charge will be added to your order value where appropriate.
2.8. All dates quoted for delivery are estimated delivery dates only and may be subject to change. We can accept no liability for any loss or damage (whether direct or indirect) if delivery takes place at any time other than the estimated date for delivery.
3. CONFORMITY OF GOODS
3.1. We take every care to ensure that the description and specification of our products are correct at the time of publication. However, specifications and descriptions of products on the Website are not intended to be binding and are intended only to give a general description of our products.
3.2. Pursuant to term 3.2 whilst the colour reproduction of our products is a fair representation, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used to view the products.
4. STOCK AVAILABILITY
We endeavour to display through the Website all products in our current range. However if a product is shown as out of stock we cannot guarantee that it will be come available in the future.
5. RETURNS POLICY
5.1. If the size of any product you have purchased from us is incorrect you may return it to us within 15 days of receipt. We will be happy to offer you a refund or exchange provided that the product is returned complete, in perfect condition, unused, unwashed and with the original packaging. Items can be returned outside this period if they are found to be faulty but please take extra care to read any specific care instructions provided with your purchase. We cannot accept the return of any of our products as faulty if the specific product care instructions have not been followed and the damage caused to the product is due to wear and tear or misuse.
5.2. Please provide proof of purchase when returning a product. If you are unable to provide proof of purchase, a refund to the value of the lowest-selling price for the returned product will be offered.
5.3. Please enclose your completed returns form on the reverse of your delivery note.
5.4. Return of a product is at your own cost unless the item is faulty, when Fly will refund the postage paid provided proof of the postage paid is supplied to Fly with the returned product.
6.1. All prices quoted on the Website are accurate at the time of publication and are quoted in pounds sterling, Euros and US Dollars at the prevailing exchange rate. Any bank charges or penalties incurred and payable for the currency exchange to pounds sterling on payment for your ordered product shall be for your account.
6.2. Prices quoted on the Website are inclusive of UK sales tax (VAT) at the current rate.
6.3. You will be responsible for the payment of any customs or import duties levied once the despatched product reaches your destination country.
7. COPYRIGHT AND TRADEMARK
7.1. The contents of the Website (including the designs, logos, text written and other materials) are the copyright of Fly or its content and technology providers or their respective owners as is applicable. ALL RIGHTS RESERVED. The copying, modification, distribution, reproduction, or incorporation into any other work of part or all of the material available on the Website in any form is prohibited save that you may:
7.1.1. copy, print (one copy only) or download extracts of the material on the Website for the sole purpose of using the Website in good faith for personal purposes or placing an order with Fly; and
7.1.2. copy, print (one copy only) or download the material on this website for the purpose of sending to individual third parties for their personal information provided that you seek no commercial advantage or benefit from so doing and you acknowledge us as the source of the material and that you inform the third party that these conditions apply to them and that they must comply with them.
8. DISCLAIMER & LIMITATIONS OF LIABILITY
8.1. Fly does not seek to exclude or limit liability for death or personal injury arising from its negligence or that of its members, agents, directors or employees or for any fraudulent misrepresentation. To the fullest extent permitted by law and save as provided above, neither Fly nor any associated company shall be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or in negligence (whether on the part of Fly or any of its members, agents, directors, employees or otherwise) for any indirect special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of the Website, the supply of our products or their use by you.
8.2. The limitations of liability in these Terms of Service shall apply equally for the benefit of Fly and any other associated company of Fly as if references to Fly included references to each such associated company.
8.3. Whilst Fly uses reasonable endeavours to ensure that the information on the Website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and Fly will not be responsible for any errors or omissions or for the results arising from the use of such information. Whilst Fly takes reasonable steps to ensure a reliable service, it does not guarantee that your use of this website will be interruption or error free and will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
8.4. Fly will not be responsible nor liable to you for your use of any other websites which you may access via links within the Website. Fly does not control these websites and is not responsible for their content. Any such links are provided merely as a service to users of the Website and their inclusion in the Website does not constitute an endorsement by or affiliation with Fly. The entire liability of Fly under or in connection with any contract for any products to which these Terms of Service apply shall not exceed the price of the product you purchase, except as expressly provided in these Terms of Service.
8.5. Fly will not be liable to you or be deemed to be in breach of these Terms of Service or any other contract with you by reason of any delay in performing, or any failure to perform, any of its obligations in relation to any product ordered by you if the delay or failure was due to any cause beyond its reasonable control.
8.6. Fly may assign or transfer any of its rights or sub contract any of its obligations under these Terms of Service to any third party. You may not assign or transfer any of your rights or subcontract any of your obligations under these Terms of Service except with the specific permission in writing of Fly.
8.7. No person who is not a party to these Terms of Service shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these Terms of Service is intended to, nor shall, affect any of your statutory rights that may not be legally excluded.
9. LAW AND TERRITORY
9.1. These Terms of Service and their subject matter and formation (including any non-contractual dispute or claim) and use of the Website are governed by English Law and the courts of England and Wales shall have exclusive jurisdiction.
9.2. The Website and our Terms of Service have been designed for use within the United Kingdom and under English law. Whilst we are happy to consider requests our products and enquiries from outside the United Kingdom, we give no warranty, express or implied, that the use of this Website or the placing of any order through this Website from outside the United Kingdom complies with any applicable local law or regulations. Accordingly, any products or promotions not permitted under your local law are not offered to you.