Aleka Sports LLC Terms and Conditions

1              OUR TERMS AND CONDITIONS

1.1          Please read these terms and conditions carefully as they apply to your access and use of our website and the sale and supply of goods by us to you through our website. They include important sales and products information relating to our goods and form the basis of any agreement between us should you wish to proceed with an order. We request that you pay particular attention to the privacy policy (see below 17) which sets out the principles by which we abide in relation to the treatment of information about visitors to our website.

1.2          To protect your own interests, please read these terms and conditions carefully before agreeing to them. If you are uncertain as to your rights under them or you want an explanation about them please contact our customer services department on 1-800-961-4788. Once you have read them and if you wish to proceed with a purchase, click the [“I Agree”] tick box and you will be able to proceed with any order you wish to make. If you do not agree with these terms and conditions, you are not authorised to use this website.

1.3          You may save or download these terms and conditions for your future reference.

1.4          When you visit our website or send e-mails to us, you are communicating electronically. If you wish to receive communications from us electronically please tick the opt-in box on the first page of checkout or account set-up. We will communicate with you by e-mail or by posting notices on this website. You agree that all notices, agreements, disclosures and other communications that we provide to you electronically satisfy any requirement that such communications be in writing.

2              LEGAL NOTICE

2.1          All content of this website (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software) is our property or that of our content suppliers and is, unless specifically stated otherwise, protected by copyright or similar ownership rights. It is published by us and may not be reproduced other than by downloading and viewing on a single computer and/or printing a single hard copy, for private purposes only. It is not to be otherwise reproduced, transmitted, made available on a network or used to create derivative works without our prior written consent. All rights reserved.

2.2          The trade marks, logos and service marks shown on our website, unless otherwise specified, are trade marks owned by Aleka Sports LLC. No rights are granted to use any of them without our prior written consent.

2.3          Any infringement of our rights will result in appropriate legal action.

2.4          This notice is made by Aleka Sports LLC.

3              DATA PROTECTION AND PRIVACY

Any information you give to us will be stored and used in accordance with our privacy policy set out in condition 17 below.

4              SECURITY

4.1          Access to your account, order forms and our services will be gained by using the username and the password selected by you during the registration procedure. You are responsible for ensuring the confidentiality and proper use of your username, password and account and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or password. In order to assist us with our security policy, you should not leave your computer terminal unattended while you are logged on to our website and should ensure that it is switched off each time you have finished.

4.2          You must tell us immediately if you believe that an unauthorised person knows your username or password or has access to your account.

4.3          We reserve the right to refuse service or terminate accounts if we suspect an unauthorised person is attempting to access it.

4.4          You agree that we shall not be liable for any losses you suffer as a result of unauthorised access to your account until such time as you have informed us of any unauthorised or possible unauthorised use of your username and password or of a breach of security.

5              HYPERLINKS

This website may include hyperlinks to sites operated by other parties but we are not responsible for examining or evaluating them and their inclusion does not imply our endorsement of their material. You therefore agree that we will not incur any liability in respect of the content of any site accessed through a hyperlink contained on this website.

6              BASIS OF AGREEMENT

6.1          We will treat each order for goods as an offer by you to purchase the goods in accordance with these terms and conditions.

6.2          You must be over 18 years of age to proceed with an order.

6.3          We will acknowledge receipt of your order without undue delay by e-mail.

6.4          No order submitted by you is accepted by us until we confirm by e-mail its acceptance. No contract shall exist between you and us until we confirm our acceptance of your order in this way. Please note that our acknowledgement of receipt of your order is not our acceptance of your order.

6.5          We reserve the right to place restrictions on the volume of any goods ordered.

7              DESCRIPTION

All product descriptions and content on our website or otherwise issued by us are intended merely to present a general idea of our goods and services. If you require any further details, please contact us by e-mail, providing details of the additional information needed. However, if you buy goods which are not as described we will at your option either replace the goods or accept their return and refund any money paid for the goods. We will bear any necessary costs incurred in replacing or repairing goods that are faulty or not as described.

8              PRICE AND AVAILABILITY

8.1          The price and availability of our goods is identified on the relevant page detailing the goods. Some Countries may charge import taxes or duty. All import goods tax and duty charges are the responsibility of the person receiving the goods. Orders will be processed and dispatched from one of our authorized distributors in certain Countries.

8.2          Please see our Ordering Information for details of delivery charges and methods of payment.

8.3          If goods or services are unavailable or we need to vary the price to take account of any increase in our suppliers’ prices, changes in taxes and duties, site errors or errors or omission in the price displayed on our website or in any confirmatory correspondence, we shall notify you by e-mail and allow you an opportunity to cancel your order.

9              OWNERSHIP

The goods will only be owned by you once we have received payment in full.

10           DELIVERY

10.1        You must ensure that you complete our order form so as to give us any necessary information to enable us to deliver the goods.

10.2        We will deliver the goods within a maximum of 30 days beginning with the day following that on which you submit your order to us (unless you and we agree otherwise or you exercise your right to cancel our agreement before we arrange delivery and/or performance).

10.3        As soon as we have delivered the goods to you, you will be responsible for them.

10.4        Your order will be processed and shipped from our Distribution Center located in the United States. Goods will be shipped by courier or USPS depending on items purchased and value. Where you are unable to accept delivery you must contact us in advance and we will agree an alternative date. If you fail to do so, we may have to charge you for the reasonable costs of storage and any wasted delivery costs incurred by us.

11           LIMITS OF LIABILITY

11.1        This website or any part of it may not be compatible with your browser or computer configuration and we make no warranty that it is. We make no warranty that your access to our website will be uninterrupted, timely or error free and we will not be responsible if we are unable to provide the website for whatever reason.

11.2        We will accept all liability if something we do causes death or personal injury. We will also accept all liability for damage to your property if the cause is our fault.

11.3        Provided you are not purchasing the goods for business purposes, we are also responsible for loss caused by:-

11.3.1       the goods not matching our description of them;

11.3.2       the goods not being of the quality you would expect of such goods;

11.3.3       the goods not being fit for purpose; or

11.3.4       us not having the legal right to sell the goods to you;

11.4        Other than the liability we have accepted as described above, we will not be liable for any losses that you suffer as a result of any breach of our agreement except those losses which are a foreseeable consequence of the breach. In particular, since the goods are provided to you as a consumer, we cannot accept responsibility for any losses related to any business of yours such as lost data, lost profits or other business loss that you may incur as a result of any breach of our agreement.

11.5        We will also not be liable for direct damage or loss of any nature caused, or contributed to, by any defect in or failure (whether partial or complete) of any part, material or design which was not wholly manufactured or provided by us, and which we could not reasonably have been expected both to inspect and test exhaustively.

12           YOUR RIGHT TO CANCEL

12.1        If for any reason you are unhappy with all or any of the goods received, you can return any of them to us for an exchange or refund, provided each is returned to us at Returns Department, Aleka Sports LLC, 6345 South Seminole Trail, Madison, VA 22727, United States within seven working days from the day after you receive the goods. You shall be responsible for the cost of returning goods for refund or exchange, except in cases of goods which do not correspond with the contract of sale such as faulty, damaged, misdescribed or wrongly supplied goods. We shall use reasonable endeavours to replace damaged or defective goods but if replacement is not possible, or if an order is cancelled for any other reason under these terms and conditions, our only obligation is to refund the full amount paid by you.

12.2        You have no right to cancel in the following circumstances:-

12.2.1       where goods are made to your specification, are clearly personalised or are liable to deteriorate or expire rapidly;

12.2.2       where the goods are video or audio recordings or computer software which you unseal (which includes you indicating assent to the terms of any end user licence agreement where software is supplied online).

12.3        If you cancel under this paragraph 12, you must return to us the goods at your cost or make them available for collection by us, we will refund all sums paid by you and return any property lodged with us as security to you free of charge as soon as possible and in any case within 30 days of you giving us notice of cancellation. We may however charge you our direct costs of recovering the goods if you fail to return them or return them at our cost. This does not apply if you return substitute goods or if you return goods because they are of unsatisfactory quality.

13           STATUTORY RIGHTS

13.1        As a consumer you have certain statutory rights regarding statements made in public by us or our representatives or the producer of the goods, the repair or return and replacement of defective or misdescribed goods and the performance of services, as well as claims in respect of losses caused by our negligence or our failure to carry out our obligations. In certain circumstances you may require us to reduce the price you have paid for defective or misdescribed goods or cancel your contract with us. Nothing in these terms and conditions affects those statutory rights.

13.2        You also have certain statutory rights under the Electronic Commerce Regulations because we are advertising and selling goods or services online. If we do not comply with these Regulations you have certain remedies. These terms and conditions do not affect your remedies under those Regulations.

13.3        For further information about your statutory rights, please contact your local authority or Advice Bureau.

14           ENQUIRIES

14.1        You can contact us to enquire about the status of your order or with any other query about our goods by calling our Customer Service Department on 1-800-961-4788 between 9.00am and 5.00pm EST or e-mail customercare@alekasports.com .

15           COMPLAINTS

15.1        Our website is operated from the United States and these terms and conditions and your use of this website are governed by and construed in accordance with the laws of the United States.

15.2        We will try to solve any disagreements quickly and efficiently.

16           DISTANCE SELLING

These terms and conditions are intended to be consistent with the Consumer Protection (Distance Selling) Regulations as amended and nothing in them is intended to impose on you any duty or liability additional to those specified in those Regulations. If you would like a copy of these Regulations, they can be obtained from your local authority or Advice Bureau.

17           PRIVACY POLICY

17.1        This Website is owned and operated by Aleka Sports LLC.

17.2        The information you provide to us when using this Website will be processed for the following reasons:-

17.2.1       to administer your user account with us;

17.2.2       to process any request for advice or information supplied by us;

17.2.3       to notify you of our bulletins, information packs and services should you consent to receiving these from us;

17.2.4       to customise this Website according to your interests;

17.2.5       to comply with our statutory and regulatory obligations; and

17.2.6       to process any orders you make through our Website. If you do not wish to receive additional information from us, you can let us know by checking the appropriate box on the new account registration form;

17.3        The type of information we will collect about you includes:-

17.3.1       your name and address;

17.3.2       your phone number and e-mail address;

17.3.3       your credit or debit card details if you are purchasing our goods online.

17.4        We will never collect sensitive information about you without your explicit consent.

17.5        Any information that we collect about you is stored electronically on our database. It may also be printed and stored in our filing system.

17.6        If you believe that the information we hold about you is inaccurate or if you wish us to cease processing your data for any particular purpose or purposes, please contact us on 1 800 961 4788 or e-mail customercare@alekasports.com .

17.7        We would like to contact you in the future for marketing purposes by post and e-mail and telephone but we need your consent before we can do this. If you would like us to contact you (including by e-mail or telephone) concerning our services and offers that may be of interest to you then please check the appropriate box on the new account registration form.

17.8        You may refuse any marketing communication from us in the future at any time by updating your email preferences in your account. If you prefer, you may email us at customercare@alekasports.com .

17.9        Should you wish to obtain a copy of the personal data that we hold on you, please send an e-mail to the following address: customercare@alekasports.com . As soon as we are satisfied as to your identity, we will send to you, within 40 days, a copy of all the data that we hold concerning you.

17.10     If you have a complaint regarding any breach of this privacy policy, contact us at customercare@alekasports.com. When we receive the complaint, we will review it and ensure that we are in compliance with our privacy policy and all applicable laws. We will contact you within 40 days of receiving your complaint to inform you of the results of your complaint.

17.11     When visiting our Webpages, we would like to use tracking technologies which record and store information about you automatically. This can include using a “cookie” which would be stored on your browser. However, we will not do this unless you give to us your express permission for this to happen. If you are happy to give this permission, then please tick the box set out at the bottom of these terms/on the new account registration form. If we cannot use such technology it is possible that certain functionality of this site might be affected and we might not be able to process your order. We automatically collect and store only the following information about your visit:-

17.11.1     the internet domain and IP address from where you access our Website;

17.11.2     the type of browser software and operating system used to access our Website;

17.11.3     the date and time you access our Website;

17.11.4     the pages you enter, visit and exit our Website from; and

17.11.5     if you linked to our Website from another Website, the address of that Website.

We use this information to help us identify click stream patterns, to improve our Website and to learn about the number of visitors to our Website and the types of technology our visitors use. We only use this information to ensure that our Webpages stay compatible with a selection of browsers and systems and thereby ensure that the pages appeal to a wide audience.

17.12     We have appointed an agent to collect credit card payments for the Service from you on our behalf. In certain Countries and Territories we have also appointed a Distributor who will handle the distribution of your products and order. All credit card transactions conducted from this website are carried out over a secure link for your security. By transmitting your credit card details, you agree to our agent using your details for the purposes of:-

17.12.1     authorising your credit card;

17.12.2     debiting your credit card account for such of our goods you buy; and

17.12.3     advising us that payment has been made.

18           GENERAL

18.1        You are not permitted to transfer your rights and obligations under these terms and conditions without our written authority. This authority will not be refused without good reason.

By selecting the “I Agree” checkbox during registration, you agree that you:-

1.      have read the terms and conditions set out above;

2.      consent to our use of your information in accordance with our privacy policy set out above;

3.      consent to the use of tracking technology as disclosed to you in our privacy policy;

4.      confirm that you are over 18 years of age; and

5.      agree to bound by these terms and conditions.

If you do not agree, please leave this website now.

 

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