Business (B2B) and Consumer (B2C) Customers
Which Terms Apply to You
This document contains two separate sets of terms. The set that applies to you depends on whether you are buying as a business or as a consumer:
If you are buying in the course of your business, trade, craft or profession, Part A — Business Customers (B2B) applies to your purchase.
If you are buying as a consumer (mainly for personal use and not for your business), Part B — Consumer Customers (B2C) applies to your purchase.
Only one Part applies to any given contract. Where there is any conflict, the Part applicable to your purchase governs. Nothing in Part A reduces or removes the statutory rights of a consumer to whom Part B applies.
Part A - Business Customers (B2B)
Seller: Foams 4 Sports Ltd, a company registered in England & Wales under company number 05998994, whose registered office is at Library Chambers, 48 Union Street, Hyde, SK14 1ND, trading as (among other names) Athletics Direct, MMA Matting, Climbing Wall Matting, Gymnastics Direct and Full of Beans (“we”, “us”, “our” or the “Supplier”).
These terms apply to business customers only. They govern the sale of goods and the supply of services by us to a customer acting in the course of its business, trade, craft or profession. They do not apply to consumers. If you are buying as a consumer, our separate consumer terms apply and these terms do not.
1. DEFINITIONS AND INTERPRETATION
1.1. In these terms: “Business Day” means any day other than a Saturday, Sunday or bank holiday in England; “Contract” means the contract between us and the Customer for the sale of Goods and/or supply of Services incorporating these terms; “Contract Price” means the total price payable under the Contract; “Customer”, “you” or “your” means the business identified in the Order; “Goods” means the goods (including any instalment or parts) we are to supply; “Order” means the Customer’s order for Goods and/or Services; “Services” means the services we are to supply; and “Made-to-Order Goods” means Goods made, cut, manufactured, printed or otherwise produced to the Customer’s specification, requirements or design; and “Bought-in Goods” means Goods supplied by us that are not manufactured by us but are sourced from a third-party manufacturer or supplier.
1.2. A reference to a statute or statutory provision is a reference to it as amended or re- enacted. “Writing” includes email. Clause headings do not affect interpretation. The singular includes the plural and vice versa.
2. BASIS OF CONTRACT
2.1.. The Order constitutes an offer by the Customer to purchase Goods and/or Services on these terms. A Contract is formed only when we issue a written acceptance of the Order or (if earlier) when we deliver the Goods or begin providing the Services, at which point these terms apply to the Contract to the exclusion of any other terms the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2.. Our quotations are not offers and may be withdrawn or varied before a Contract is formed. A quotation given other than from our published price list is valid for 30 days unless we specify otherwise.
2.3.. Samples, drawings, descriptive matter, illustrations and advertising are issued only to give an approximate idea of the Goods and Services and do not form part of the Contract or have contractual force.
2.4.. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, invoice or other document issued by us may be corrected without liability on our part.
2.5.. These terms prevail over any internet or website terms and may only be varied in writing signed by an authorised representative of each party.
2.6.. No employee or agent of ours has authority to make any representation, warranty or statement concerning the Goods or Services, or to vary these terms, unless confirmed by us in writing. The Customer acknowledges that it places no reliance on, and has no remedy in respect of, any such representation, warranty or statement that is not so confirmed (except in the case of fraud).
3. THE GOODS AND THE SERVICES
3.1. The Goods and Services are as described in our written acceptance and any agreed specification. We may make changes to the specification that are required to comply with applicable safety, statutory or regulatory requirements, or which do not materially affect quality or performance.
3.2. Goods are supplied in the minimum order quantities or multiples stated in our price list or quotation. Orders for other quantities may be adjusted accordingly.
3.3. We will supply the Services using reasonable care and skill. Any timescale for the Services is an estimate only and time is not of the essence unless we have agreed otherwise in writing.
3.4. The Goods are manufactured products and may vary within normal manufacturing tolerances. Minor variations in dimensions, weight, foam density, composition, colour, texture or finish that are within industry tolerances or are inherent in the materials do not constitute a defect, and the Customer may not reject the Goods or withhold or set off payment on account of any such variation.
3.5. It is the Customer’s responsibility to satisfy itself that the Goods and Services are suitable for the Customer’s purposes. The Customer does not rely on our skill or judgement as to whether the Goods or Services are fit for any particular purpose, unless the Customer has notified that purpose to us in writing and we have confirmed in writing that they are suitable for it. Any term that the Goods are fit for a particular purpose, whether implied by section 14(3) of the Sale of Goods Act 1979 or otherwise, is excluded to the fullest extent permitted by law.
3.6. Where the Goods are manufactured or supplied to dimensions, measurements, specifications, designs or artwork supplied by the Customer, the Customer is responsible for their accuracy and completeness. Goods that conform to the Customer’s specification are not defective by reason of any error, omission or unsuitability in that specification, and clause 8 (Made-to-Order Goods) applies to them.
4. PRICE
4.1. The price is the price in our quotation or, if none, our published price list current at the date of our acceptance, or such other price as is agreed in writing. All prices are exclusive of VAT and any other applicable tax or duty, which the Customer must pay in addition at the prevailing rate.
4.2. Unless stated otherwise, prices are inclusive of standard packaging and delivery to a single Mainland UK address; additional or non-standard delivery may be charged separately.
4.3. We may increase the price by written notice given at any time before delivery to reflect any increase in our costs that is beyond our reasonable control, including (without limitation) increases in the cost of raw materials, foam, polymers, energy or fuel, labour, freight, import duties, levies or exchange-rate movements, or any change in delivery dates, quantities or specifications requested by the Customer, or any delay caused by the Customer’s instructions or failure to give adequate information.
4.4. Where the increase under clause 4.3 exceeds 10% of the Contract Price and relates to an order not yet delivered, the Customer may, within 7 days of our notice, cancel the undelivered part of the Order by written notice, except in respect of Made-to-Order Goods, the cancellation of which is governed by clause 8.
5. PAYMENT AND LATE PAYMENT
5.1. We may invoice the Customer on or at any time after delivery of the Goods or performance of the Services (or, where the Customer wrongfully fails to take delivery, at any time after we have tendered delivery or notified the Customer that the Goods are ready).
5.2. Unless different credit terms are agreed in writing, the Customer must pay each invoice in full and in cleared funds within 30 calendar days of the date of the invoice. Time for payment is of the essence.
5.3. The Customer must pay all amounts in full without set-off, counterclaim, deduction or withholding except as required by law. We may at any time set off any amount owed to us against any amount we owe to the Customer.
5.4. If the Customer fails to pay any sum when due then, without limiting our other rights, we may: (a) suspend further deliveries or performance; (b) treat all sums owing by the Customer as immediately due and payable; and (c) claim interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998.
5.5. Interest will accrue on overdue sums daily, from the due date until actual payment, at 8% per annum above the Bank of England base rate in force from time to time (the statutory
rate), both before and after judgment. We are also entitled to the fixed-sum compensation set out in the 1998 Act (currently £40, £70 or £100 per invoice depending on the debt size)
together with our reasonable costs of recovering the debt to the extent those costs exceed the fixed sum.
5.6. If we are not satisfied as to the Customer’s creditworthiness at any time, we may require payment in cleared funds before delivery and may decline to allow further credit.
6. DELIVERY
6.1. Delivery is made by us delivering the Goods to the place specified in our acceptance, or by the Customer collecting the Goods from our premises once we have notified the Customer that they are ready.
6.2. All delivery dates and times are estimates only and time for delivery is not of the essence. We will use reasonable efforts to deliver by any estimated date, but we are not liable for any loss, cost, expense or damage of any kind arising from any delay in delivery,
howsoever caused, and no delay entitles the Customer to reject the Goods, cancel the Order or withhold or set off payment.
6.3. We may deliver in instalments. Each instalment is a separate Contract and a delay or defect in one instalment does not entitle the Customer to cancel any other instalment.
6.4. If the Customer fails to take delivery or to provide instructions, documents, licences or consents needed for delivery, then (without limiting our other rights) risk passes to the Customer, delivery is deemed to have taken place, and we may store the Goods at the Customer’s cost until delivery, and charge the Customer for related storage and insurance.
7. RISK AND RETENTION OF TITLE
7.1. Risk of damage to or loss of the Goods passes to the Customer on delivery or, where the Customer wrongfully fails to take delivery, when we have tendered delivery.
7.2. Notwithstanding delivery and the passing of risk, legal and beneficial title to the Goods does not pass to the Customer until we have received, in cash or cleared funds, payment in full of (a) the price of the Goods and (b) all other sums then owing by the Customer to us on any account whatsoever.
7.3. Until title passes, the Customer holds the Goods as our fiduciary bailee, must store them separately and in good condition, must keep them identifiable as our property, must not remove, deface or obscure any identifying mark, and must insure them against all reasonable risks for their full price.
7.4. Until title passes, the Customer may use the Goods or resell them in the ordinary course of business, but must hold the proceeds of any such sale on trust for us and must not pledge or charge the Goods as security for any indebtedness. If the Customer does so, all sums owing to us become immediately due and payable.
7.5. The Customer’s right to possession ends immediately if the Customer commits a material breach of the Contract, becomes subject to any insolvency event, or ceases or threatens to cease trading. On termination of that right we may, and the Customer irrevocably authorises us to, enter any premises where the Goods are stored to inspect or repossess them.
8. CANCELLATION, RETURNS AND MADE-TO-ORDER GOODS
8.1. An Order accepted by us may not be cancelled by the Customer without our written agreement. If we agree to a cancellation, the Customer must indemnify us in full against all loss (including loss of profit), costs (including the cost of labour and materials used), damages, charges and expenses arising from the cancellation.
8.2. Made-to-Order or bespoke Goods cannot be cancelled, returned or refunded, except where the Goods are defective and the Customer is entitled to a remedy under clause 9. Because such Goods are produced to the Customer’s specification, they have no resale value to us.
8.3. 14-day no-quibble returns guarantee. As a discretionary commercial policy and not a statutory right, we may accept returns of standard (non-bespoke) Goods with an order value of £1,000 or less (excluding VAT), provided the Customer notifies us in writing within 14 days of delivery and the Goods are unused and returned in their original condition and packaging. We will arrange collection and refund the price paid less a collection and restocking charge of 25% of the order value (minimum £50). This policy does not apply to Made-to-Order or bespoke Goods, orders over £1,000 (excluding VAT), or Goods that have been used, assembled, altered or damaged. Returns outside this policy are accepted only at our discretion and on the same collection and restocking basis. This clause does not affect the Customer’s rights in respect of defective Goods under clause 9.
9. WARRANTY AND DEFECTIVE GOODS
9.1. The Customer must inspect the Goods on delivery. If any Goods are damaged or short on delivery, the Customer must note this on the delivery documentation and notify us in writing within 5 Business Days; for defects not apparent on reasonable inspection, the Customer must notify us in writing within a reasonable time of discovery and in any event within the warranty period.
9.2. We warrant that, for a period of 12 months from delivery, any Goods manufactured by us will on delivery conform in all material respects with their specification and be free from material defects in materials and workmanship under normal use.
9.3. The warranty in clause 9.2 does not apply to Bought-in Goods. Instead, for Bought-in Goods we will pass on to the Customer the benefit of any manufacturer’s or supplier’s warranty or guarantee applicable to them, so far as we are able to assign or pass it on, and the Customer’s remedies in respect of Bought-in Goods are limited accordingly. This is without prejudice to the title condition implied by section 12 of the Sale of Goods Act 1979 and to clause 11 (Limitation of liability).
9.4. If the Customer validly notifies us of a breach of the warranty in clause 9.2, we will, at our sole option, replace, repair or refund the price of the affected Goods, after which we have no further liability to the Customer for that breach. The choice of remedy is ours. The Customer must, if we ask, return the affected Goods to us or make them available for collection.
9.5. The warranty does not apply to any defect arising from fair wear and tear, wilful damage, abnormal or unsuitable conditions, negligence, failure to follow our instructions, or any alteration, repair, misuse or installation not carried out or approved by us.
9.6. Except as set out in this clause 9, and subject to clause 11, all terms implied by statute or common law (other than the condition as to title implied by section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.
10. INTELLECTUAL PROPERTY AND TOOLING
10.1. All intellectual property rights in any designs, drawings, specifications, patterns, moulds, dies, jigs, tooling and other materials created or developed by us or on our behalf (including where created in connection with Made-to-Order Goods) belong to and remain vested in us, whether or not the Customer has contributed to their cost, unless we expressly agree otherwise in writing.
10.2. Any tooling we make or commission remains our property and in our possession or control, and the Customer acquires no right, title or interest in it. Any charge made to the Customer towards tooling is a contribution to cost only and does not transfer ownership.
10.3. Where the Customer supplies us with its own designs, artwork or specifications, the Customer warrants that their use by us will not infringe any third party’s rights, and the Customer indemnifies us against all losses, claims and costs arising from any such infringement.
11. LIMITATION OF LIABILITY
11.1. Nothing in these terms limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) breach of the title condition implied by section 12 of the Sale of Goods Act 1979; or (d) any other liability that cannot lawfully be limited or excluded.
11.2. Subject to clause 11.1, we are not liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any: loss of profit; loss of business, revenue or anticipated savings; loss of or damage to goodwill; or any indirect, special or consequential loss, in each case howsoever arising.
11.3. Subject to clause 11.1, our total liability to the Customer arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited in aggregate to the Contract Price.
11.4. We are not liable for any claim unless the Customer gives us written notice of the claim within 12 months of the date of delivery of the Goods or completion of the Services to which it relates and, where the claim is capable of remedy, a reasonable opportunity to investigate and remedy it.
12. SITE SURVEYS AND INSTALLATION
12.1. This clause applies where we agree to carry out a site survey or to install the Goods. Where we carry out a site survey, any resulting quotation is based on the conditions we observe on the day and on the information the Customer provides. The Customer is responsible for the accuracy and completeness of the information it gives us about the site, including dimensions, the condition and composition of floors, walls, fixing points and structures, access, and the location of any concealed or underground services. A survey is not a structural or building survey and does not certify the suitability of any building, floor or structure unless we expressly state so in writing.
12.2. If the actual site conditions differ from those surveyed or notified to us, or if information the
Customer provides proves inaccurate or incomplete, we may vary the price and the timescale for the works accordingly.
12.3. Before installation, and at the Customer’s cost, the Customer must: (a) provide safe, clear and adequate access to the site, parking where needed, and a suitable working area cleared of obstructions; (b) ensure that the floors, walls, fixing points and structures are sound, level and capable of taking the Goods and any loads they will bear; (c) provide any power, water and lighting reasonably required; (d) obtain all necessary consents, including any landlord’s consent, planning permission and building-regulations approval; (e) identify and clearly mark the location of all concealed or underground services; and (f) ensure a responsible person is available to give access and to sign off completion.
12.4. We are not responsible for the condition, suitability or load-bearing capacity of any existing building, floor, wall, substrate, fixing point or structure onto or into which the Goods are installed, nor for any pre-existing defect, nor for damage to any service or installation that was not identified and marked to us as required by this clause.
12.5. Unless otherwise agreed in writing, our works do not include redecoration, plastering or making good beyond the immediate installation area, or the removal, relocation or disposal of any existing equipment or waste. We may carry out the survey or installation using sub- contractors.
12.6. If, on attending the site, we are unable to carry out or complete the survey or installation because the site is not ready, access is not available, the Customer’s obligations under this clause have not been met, or no responsible person is present, we may charge the Customer an abortive-visit fee at our standard call-out rate together with any additional costs incurred, and reschedule the visit.
12.7. The Customer must provide a safe working environment and make us aware of all relevant site rules and hazards. Where the Construction (Design and Management) Regulations 2015 apply to the works, the Customer is the “client” for the purposes of those Regulations and must fulfil the client’s duties under them. We maintain public liability insurance; the Customer is responsible for insuring its premises and contents and any Goods delivered to site pending installation.
12.8. We warrant that installation work will be carried out with reasonable care and skill and, for a period of 12 months from completion, will be free from material defects in workmanship. This warranty is in addition to the warranty on the Goods in clause 9 and is subject to clause 11 (Limitation of liability). Risk in the Goods passes in accordance with clause 7; where Goods are delivered to site in advance of installation, the Customer is responsible for their safe storage and security until installation is complete.
12.9. Installation is treated as complete and accepted when we notify the Customer that the works are complete, or earlier if the Customer puts the installation into use. The Customer must notify us in writing of any snagging items within 5 Business Days of completion; in the absence of such notice the installation is deemed accepted, without prejudice to the Customer’s rights in respect of latent defects under the installation warranty.
13. INDEMNITY AND PRODUCT SAFETY
13.1. The Customer indemnifies us against all liabilities, costs, expenses, damages and losses (including reasonable legal costs) suffered or incurred by us arising out of or in connection with: (a) the Customer’s breach of these terms; (b) any specification, design, artwork or
instruction supplied by the Customer; (c) the Customer’s onward sale, supply, hire, installation or use of the Goods; and (d) any third-party claim arising from the Goods to the extent caused by the Customer’s act, omission or failure to comply with this clause or with any statutory or regulatory requirement relating to the onward use, handling or sale of the Goods.
13.2. We will supply with the Goods, or otherwise make available, the safety information, instructions for use, load ratings and warnings applicable to them. The Customer must read and comply with that information, must pass it on to any person to whom it sells, hires, supplies or makes the Goods available, and must not remove, obscure or alter it.
The Customer must not make any representation or give any warranty about the Goods that is inconsistent with that information or that we have not authorised in writing.
13.3. The Customer must promptly notify us if it becomes aware of any safety issue, defect, injury or incident involving the Goods, and must co-operate with any product recall, withdrawal or other safety action that we reasonably require.
14. TERMINATION AND INSOLVENCY
14.1. Without limiting our other rights, we may suspend all or part of the supply, or terminate the Contract with immediate effect, by written notice to the Customer if: (a) the Customer commits a material breach of the Contract and (if remediable) fails to remedy it within 14 days of being required to do so in writing; (b) the Customer fails to pay any amount when due; (c) the Customer suspends or threatens to suspend payment of its debts, is or is deemed unable to pay its debts, or becomes subject to any step or proceeding relating to its insolvency, administration, winding-up, receivership or any arrangement or composition with its creditors; or (d) there is a change of control of the Customer.
14.2. On termination or expiry of the Contract, all amounts owing by the Customer to us become immediately due and payable, and any licence granted to the Customer in respect of the Goods or any materials ends.
14.3. Termination or expiry does not affect any rights, remedies, obligations or liabilities that have accrued up to the date of termination, nor any provision which is expressly or by implication intended to continue in force (including clauses relating to title, limitation of liability, indemnity, == confidentiality, data protection and governing law).
15. FORCE MAJEURE
15.1. We are not liable for any failure or delay in performing our obligations to the extent caused by an event beyond our reasonable control (a “Force Majeure Event”), including (without limitation): supply chain disruption; shortage, unavailability or rationing of raw materials, foam, polymers or components; failure, shortage or significant increase in the cost or price of energy, fuel or utilities; acts of God; fire, flood or extreme weather; epidemic or pandemic; war, terrorism or civil unrest; strikes or industrial action; import or export restrictions; the act, omission, insolvency or default of any supplier or carrier; and any change in law or governmental action.
15.2. If a Force Majeure Event prevents or delays performance for a continuous period of more than 8 weeks, either party may terminate the affected part of the Contract on written notice, without liability except for sums already due.
16. CONFIDENTIALITY
16.1. Each party must keep confidential all confidential information of the other party disclosed in connection with the Contract, must use it only to perform the Contract, and must not disclose it except to those of its personnel, sub-contractors or advisers who need to know it (and who are bound by equivalent obligations) or as required by law or a regulator.
16.2. This clause does not apply to information that is or becomes public through no breach of
these terms. This clause survives termination of the Contract.
17. DATA PROTECTION
17.1. Each party will comply with its obligations under the UK GDPR (Regulation (EU) 2016/679 as retained in UK law) and the Data Protection Act 2018 (together, the “Data Protection Laws”).
17.2. Where we process personal data relating to the Customer’s staff or contacts to administer the Contract, we act as a controller for our own account. We process such data only for the purposes of performing the Contract, account administration, credit control and compliance with our legal obligations, and we handle it in accordance with our privacy notice (available on request). We retain it only for as long as necessary for those purposes or as required by law.
17.3. Where, exceptionally, one party processes personal data on behalf of the other as a processor, the parties will enter into terms that comply with Article 28 of the UK GDPR before that processing begins.
18. GENERAL
18.1. We may assign, transfer, sub-contract or deal in any manner with any of our rights and obligations under the Contract. The Customer may not assign or transfer any of its rights or obligations without our prior written consent.
18.2. Where the Customer comprises two or more persons, their obligations are joint and several.
18.3. No failure or delay by a party to exercise any right or remedy is a waiver of that or any other right or remedy. A waiver is effective only if in writing.
18.4. If any provision of these terms is or becomes invalid or unenforceable, it is to be severed and the remaining provisions continue in full force; the parties will negotiate in good faith a replacement provision that achieves the intended commercial result as nearly as possible.
18.5. These terms and the documents referred to in them constitute the entire agreement between the parties and supersede all prior agreements, representations and understandings. Each party acknowledges that it does not rely on, and has no remedy for, any statement not set out in the Contract (except that nothing limits liability for fraud).
18.6. A person who is not a party to the Contract has no rights under the Contracts (Rights of Third Parties) Act 1999.
18.7. Notices must be in writing and may be given by hand, by pre-paid first-class post to the recipient’s registered office or principal place of business, or by email to an address last notified by the recipient.
19. GOVERNING LAW AND JURISDICTION
19.1. These terms and the Contract (including any non-contractual obligations arising out of or in connection with them) are governed by the law of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
Part B - Consumer Customers (B2C)
Who we are. Foams 4 Sports Ltd (company number 05998994), registered office Library Chambers, 48 Union Street, Hyde, SK14 1ND, trading as Athletics Direct, MMA Matting, Climbing Wall Matting, Gymnastics Direct and Full of Beans (“we”, “us”, “our”). You can contact us at sales@mmamatting.co.uk or +44 (0) 161 214 8720 or by post at the above address.
These terms apply to consumers. They apply when you buy from us as a consumer — that is, mainly for personal use and not for your business. Nothing in these terms affects your legal rights. If anything in these terms conflicts with your legal rights, your legal rights prevail. Key statutory rights are summarised below for information; they apply in full whether or not we mention them.
1. THESE TERMS AND YOUR RIGHTS
1.1. These terms set out 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.
1.2. We give you important statutory rights that we cannot reduce or take away. These include your rights under the Consumer Rights Act 2015 (that goods must be of satisfactory quality, fit for purpose and as described) and, for most online and other distance purchases, your right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
1.3. Any term in these terms that would be unfair under the Consumer Rights Act 2015 does not bind you and will not be enforced against you.
2. PLACING AN ORDER AND THE CONTRACT
2.1. Our website, brochures and price lists are an invitation to you to place an order; they are not an offer to sell. Placing an order is your offer to buy.
2.2. A binding contract is formed only when we send you written confirmation that we accept your order (for example an order-confirmation or dispatch email). If we cannot accept your order — for example because the product is out of stock, because of an error in the price or description, or because we cannot meet a delivery deadline — we will tell you and will not charge you; if you have already paid, we will refund you in full.
2.3. We will assign an order number to your order and refer to it when we contact you. Please quote it when you contact us.
3. PRICE AND PAYMENT
3.1. The price of the product is the price shown at the point of order. The price shown to you is the total price you will pay and includes VAT where VAT applies. Some products may be zero-rated or VAT-exempt, in which case no VAT is added; in every case the price shown at checkout is the total amount payable. The price includes delivery unless a separate delivery charge is shown clearly before you place your order.
3.2. We take reasonable care to ensure prices are correct. If we discover an error in the price of a product you have ordered, we will contact you before accepting your order; you may then continue at the correct price or cancel. We will not accept your order until you have confirmed.
3.3. Unless we tell you otherwise, payment is taken at the point of order or before dispatch. You can pay by the methods shown at checkout. We do not store full card details.
4. DELIVERY
4.1. We will deliver the product to the address you give us. Any delivery date or timescale we give is an estimate only. Some products, particularly made-to-order or personalised items, can take longer than four weeks to produce and deliver; where this is the case we will make the expected timescale clear to you before you order, and by placing your order you agree to that longer delivery period. Where no longer period is agreed, we will deliver within 30 days of the day the contract is formed.
4.2. A product is your responsibility (the risk passes to you) from the time it is delivered to the address you gave us or to a person you have authorised to take delivery.
4.3. You own the product once we have received payment in full and the product has been delivered.
4.4. If delivery is delayed by an event outside our control we will contact you and take steps to minimise the delay. If we miss an agreed delivery deadline that you told us was essential, or fail to deliver within 30 days (or any longer period we agreed), you may treat the contract as at an end and obtain a refund for any products not delivered.
4.5. Please give us a correct and complete delivery address and contact details. If delivery fails or is delayed because the information you gave us was wrong or incomplete, or because no one was available to take delivery at the address you gave us, we may charge you our reasonable costs of re-delivery.
5. YOUR RIGHT TO CANCEL (14-DAY COOLING-OFF PERIOD)
5.1. Because you are buying online or otherwise at a distance, you have a legal right to change your mind and cancel within 14 days, under the Consumer Contracts Regulations 2013, without giving a reason. This is in addition to your rights if there is something wrong with the product (see clause 6).
5.2. The 14-day period runs from the day after you (or someone you nominate) receive the goods, or, where goods are delivered in instalments or as several items over a period, from the day after you receive the last item.
5.3. To cancel, just tell us clearly before the period ends — by email to the address shown on our website, by post to our registered office, or using the model cancellation form. We will acknowledge your cancellation.
5.4. If you cancel, you must arrange to return the goods to us, at your own cost, without undue delay and within 14 days of telling us. It is your responsibility to organise and pay for the return of the goods unless they are faulty or not as described. If you would prefer, we can
arrange collection of the goods and charge you the cost of collection, which we will confirm to you before we collect. You may handle and inspect the goods as you would in a shop; if you handle them more than necessary, we may reduce your refund to reflect any loss in value.
5.5. We will refund you within 14 days of getting the goods back (or, if earlier, of you providing evidence that you have returned them). We refund using the same payment method you used. We will refund the standard delivery cost we charged, but not any extra you chose to pay for faster delivery.
5.6. Exception — made-to-order and personalised goods. The 14-day cancellation right does not apply to goods that are made to your specification or are clearly personalised (for example mats, padding or equipment cut, sized, coloured, printed or manufactured to your requirements). This exception is set out in the Consumer Contracts Regulations 2013. It does not affect your rights under clause 6 if such goods are faulty or not as described.
5.7. Returns outside your cancellation right. If you ask to return non-faulty goods in a situation where the 14-day cancellation right does not apply (for example after the 14-day period has ended, or made-to-order goods that we agree to take back as a goodwill gesture), it is at our discretion whether to accept them. Where we do agree and we collect the goods, a collection and restocking charge of 25% of the order value (subject to a minimum of £30) applies and will be deducted from any refund. This is a voluntary arrangement and does not affect your statutory rights, including your rights if goods are faulty or not as described.
6. IF THERE IS A PROBLEM WITH YOUR PRODUCT (YOUR LEGAL RIGHTS)
6.1. Under the Consumer Rights Act 2015, the goods we supply must be of satisfactory quality, fit for any purpose you made known to us, and as described. These rights apply to all goods, including made-to-order and personalised goods, and goods made by other manufacturers that we supply to you. As the retailer, we are responsible to you for these rights whoever made the product.
6.2. Some products come with a manufacturer’s guarantee. Any such guarantee is in addition to your legal rights and does not replace them; we can pass on its details on request. You can always choose to claim under your legal rights against us instead.
6.3. 30-day right to reject: if the goods are faulty, not as described or not fit for purpose, you have 30 days from delivery to reject them and get a full refund.
6.4. Repair or replacement: after 30 days (or instead of rejecting), you can ask us to repair or replace the goods. We will do so within a reasonable time, without significant inconvenience to you, and at our cost. If the remedy you ask for is impossible, or is disproportionate compared with the alternative, we may provide the alternative remedy instead. While we are repairing or replacing the goods, you cannot also reject them.
6.5. Price reduction or final right to reject: if a repair or replacement is not possible, or does not fix the problem, or is not done within a reasonable time, you can claim a price reduction or reject the goods for a refund.
6.6. Any refund will be made using the same payment method you used. We will not charge you for returning faulty or misdescribed goods.
7. MADE-TO-ORDER GOODS AND PRODUCT APPEARANCE
7.1. Where goods are made to measurements, dimensions or specifications you give us, you are responsible for the accuracy of that information. Goods made correctly to the details you provided are not faulty simply because those details turn out to be wrong or unsuitable, and the cancellation exception in clause 5 applies to them. This does not affect your rights if the goods are not of satisfactory quality or not as described.
7.2. We take care to show our products accurately, but the images, colours and finishes shown online or in our materials are for illustration only. Natural variation in foam, fabric and other materials, and minor differences between on-screen colours and the actual product, are normal and are not a fault, provided the goods are as described. If an exact colour, size or finish is important to you, please contact us before ordering.
8. INSTALLATION
8.1. Where we agree to install products for you, we will carry out the installation with reasonable care and skill and within a reasonable time, as required by the Consumer Rights Act 2015. If our installation work is not carried out with reasonable care and skill, you can ask us to put it right and, where that is not possible or is not done within a reasonable time, you can claim a price reduction. Nothing in this clause affects those rights.
8.2. So that we can install safely and on time, please make sure that before we arrive there is safe and clear access and somewhere to park; the area is clear and the floor, wall or
structure is sound and suitable for the product to be fitted to; and any necessary permissions (for example from a landlord) have been obtained. Please also tell us about anything we need to know about the site, including the location of any hidden pipes or cables.
8.3. We install onto the surface or structure you provide. We are not responsible for the suitability or condition of that surface or structure, or for damage to hidden services you have not told us about. This describes what our installation covers; it does not affect your legal rights if our own work is faulty.
8.4. If we cannot carry out or finish the installation because the site is not ready, we cannot get access, or no one is there to let us in, we may charge a reasonable call-out fee to cover our wasted visit and re-arrange. We will tell you about this charge before you book.
8.5. If you ask us to begin installation during your 14-day cancellation period and then cancel, you may have to pay for the work we have already done up to the point you tell us you are cancelling. We will ask you to confirm your request for us to start within that period before we begin.
8.6. Unless we agree otherwise, installation does not include redecoration or making good
beyond the area we work in, or removing your existing equipment.
9. OUR RESPONSIBILITY FOR LOSS OR DAMAGE
9.1. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our failing to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable.
9.2. We do not exclude or limit our liability to you in any way where it would be unlawful to do so. This includes our liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; and for breach of your legal rights in relation to the products, including the right to receive products that are of satisfactory quality, fit for purpose, as described and supplied with reasonable skill and care.
9.3. We supply products to you for domestic and private use. If you use a product for any commercial or business purpose, we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
9.4. We are not responsible for any loss or damage that arises from your failure to follow our assembly, installation, use, storage or care instructions, or from misuse, accidental damage, fair wear and tear, or any alteration or repair you carry out or arrange without our agreement. Our products are intended for normal recreational and training use, and we are not liable for loss arising from use beyond their intended purpose, weight or load rating.
10. COMPLAINTS AND DISPUTE RESOLUTION
10.1. We want you to be happy. If you have a complaint, please contact us at the email address shown on our website with your order number and details. We aim to acknowledge complaints within [5] Business Days and to resolve them as quickly as we can.
10.2. If we cannot resolve your complaint through our own process, alternative dispute resolution (ADR) is a way of settling disputes without going to court, using an independent body. We are not a member of, and are not obliged to use, an ADR scheme, and we do not agree to submit to ADR. This does not affect your right to take a dispute to court. You can also seek free, independent advice from Citizens Advice (citizensadvice.org.uk or the Citizens Advice consumer helpline).
10.3. These terms are governed by the law of England and Wales, and you can bring legal proceedings in the courts of England and Wales. If you live in Scotland you can bring proceedings in Scotland, and if you live in Northern Ireland you can bring proceedings in Northern Ireland. Nothing in this clause affects your statutory rights.
11. DATA PROTECTION
11.1. We are the controller of the personal data you give us. We use it to process and deliver your order, take payment, provide customer service, and meet our legal obligations — and, where you have agreed or where the law allows, to keep you informed about our products. We handle your data in line with the UK GDPR and the Data Protection Act 2018 and our privacy notice, which explains your rights and how to exercise them, including the right to access, correct or erase your data and to object to marketing. Our privacy notice is available on request.
11.2. We keep your personal data only for as long as necessary for the purposes above or as required by law (for example, to meet tax and accounting requirements), and we do not sell it.
12. OTHER IMPORTANT TERMS
12.1. We will not be liable for any delay or failure to perform caused by an event outside our reasonable control. If such an event occurs we will contact you as soon as possible, and if it lasts longer than a reasonable period you may contact us to end the contract and receive a refund for any products you have paid for but not received.
12.2. We may transfer our rights and obligations under these terms to another organisation; we will tell you if this happens and will make sure the transfer does not affect your rights. You may only transfer your rights or obligations to another person if we agree in writing.
12.3. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them is unlawful, the remaining paragraphs will remain in full force and effect.
12.4. 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 the contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date.