Terms & Conditions
Welcome to the ForzaWM website Terms and Conditions for use. These Terms and Conditions apply to the use of this website at www.forzawm.co.uk website and/or placing an order, you agree to be bound by these Terms and Conditions.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE THIS WEBSITE.
The www.forzawm.co.uk website is operated by: Stephanie Cartwright-Randle, trading as Forza West Midlands. Our contact details are as follows: ForzaWM, Unit 3, Thornhill Road, Redditch. B98 9ND. Email: firstname.lastname@example.org. Phone: 07976 814036
1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2 We may revise these terms and conditions at any time by updating this posting. You should check this website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
- Ordering from us
2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered. Payment shall be made at the time that the order is placed. Payment may be made by major credit card and debit cards, using PayPal. Goods will not be dispatched until we are in receipt of cleared funds
2.2 Our acceptance of an order takes place when we despatch the order. We will send you a despatch confirmation by email. When we despatch the order the purchase contract will be made and you will be charged, unless we have notified you that we do not accept your order or you have cancelled your order.
2.3 We may refuse to accept an order:
2.3.1 where goods are not available;
2.3.2 where we cannot obtain authorisation for your payment;
2.3.3 if there has been a pricing or product description error; or
2.3.4 if you do not meet any eligibility criteria set out in our terms and conditions.
2.4 We reserve the right at any time to correct clerical omissions and errors without any liability on our part.
2.5 Ownership of the Goods delivered or to be delivered by us will only be transferred to you when the Goods have been delivered to you and we have received cleared funds in full payment of all sums owing to us in respect of the Goods and in respect of any other agreements between you or us.
3.1 All prices are quoted in pounds Sterling and include VAT (where applicable) at the current rates.
3.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.
3.3 While every effort is made to maintain prices at their present level we reserve the right to effect changes without prior notice. Prices will be as confirmed by us when your Order is confirmed.
4.1 For mainland UK mainland delivery will normally be made within 4 business days after the order is accepted Monday to Friday and we will normally dispatch goods by first class post or courier to mainland UK excluding any area separated by water from the mainland (delivery to Northern Ireland may take longer).
4.2 Time for delivery shall not be of the essence. We shall use reasonable endeavors to deliver by the date specified but We shall be under no liability whatsoever for delay in delivery or the consequence thereof however caused or non-delivery of Goods. We will take reasonable steps to notify You within 14 days of order confirmation if Goods will not be shipped as ordered.
4.3 When Goods are delivered to You, You should carefully check the documentation to ensure that the number and contents of the packages due to be delivered corresponds to the number and contents of packages received.
4.4 If You believe that there are shortages in the number of Goods contained in the packages or if any damage has occurred to the Goods in transit, or the wrong item has been sent. You must report these to Us within two working days of receipt of the Goods and this must be confirmed in writing (emails will be accepted as in writing) and any damaged Goods returned to Us with copy of email,
- Cancellation & Returns
5.1 We are committed to selling high-quality products we hope you will enjoy using, but we also know that, for one reason or another, there may be a time when you need to exchange or return something you have bought. Please make sure that you check your items carefully before they are used. We also recommend that you keep your invoice as you might need it as proof of purchase in the event of any after-sales queries.
5.1.1 Your right to cancel begins the day this contract was concluded and ends 7 working days after the day you receive the goods.
5.1.2 If you wish to exercise your right to cancel under the Distance Selling Regulations, you must notify ForzaWM in writing within the above mentioned, cancellation period. You will be deemed to have cancelled on the day the notification is posted. You may wish to send the notification by recorded delivery or some other traceable means. You can also cancel by email or by delivering the notification of cancellation to the trade premises.
5.1.3 We will return any monies paid within 30 days of your cancellation, providing any/all goods are returned to ForzaWM with proof of delivery.
5.1.4 You will be responsible for the cost of returning goods to us under the cancellation agreement. You are under a statutory duty to take reasonable care of the goods. If you fail to return the goods to us within a reasonable time we shall charge you for the cost of collection. If the goods are not returned to us in a similar condition to which they were delivered to you, we may charge you for any reasonable losses which we incur.
5.1.5 In the event that, you are not satisfied with any purchase from ForzaWM, you may return unused goods, along with all original packaging and any labels within 7 working days of receipt (21 days for orders during December) for a full refund or exchange. Return shipping costs can only be refunded where we have sent the wrong goods in error. As per clause 4.4.
5.2 Please note that there are circumstances when you cannot cancel unless ForzaWM has given you a specific contractual right to do so. These are if:
5.2.1 ForzaWM has already started to provide the service within the cancellation period and you have agreed to this. You must have been told in writing – before the supplier agreed to carry out the service – that you would then lose your right to cancel.
5.2.2 You had the goods made to your specifications or personalised.
5.2.3 Goods are ordered in by ForzaWM at your request, in a specific size not usually stock by ForzaWM
5.2.4 Goods are clearly personalised
5.3 If you wish to view the Distance Selling Regulations please visit www.legislationi.gov.uk
5.4 The item will not be exchanged if there are signs of damage or wear.
5.5 The provisions of clause 4.2 do not affect your statutory rights.
5.7 Please use a recorded method of carriage to return the goods to us as we cannot be held responsible for items lost or delayed in the post. We recommend that you use a reputable courier (e.g. Parcelforce) for larger items and Royal Mail Special/Recorded Delivery for smaller items.
Return address: – ForzaWM, Unit 3 Thornhill Road, Redditch. B98 9ND.
- Damaged/Faulty Products
6.1If you received a product that you consider to be substandard or faulty and you wish to return for exchange, repair or modification, please notify ForzaWM by some traceable means (emails are acceptable), within 3 working days from receipt. If notification has not been received within the said time ForzaWM cannot reimburse any return shipping cost you may incur.
6.2 If items are received faulty, or a fault develops, we will arrange to have the item collected or, reimburse any reasonable shipping costs (not premium delivery services) to you. We will inspect and refund/replace/repair in line with your consumer rights.
6.3 Rackets damaged by any accidental use cannot be replaced by ForzaWM free of charge.
6.4 Clothing equipment and footwear returned due to a poor fit, or not required, will be refunded or exchanged. Unless product is faulty or sent in error we are unable to refund any return postal costs.
6.5 The rights to return the goods to us as referred to in clause 4.2 will not apply in the following circumstances:
6.5.1 In the event that, the product has been used
6.5.2 The product has been customised for you in any way
6.5.3 If a string snaps within the parameter of the frame within the first 4 weeks of purchase we will replace the string one time free if, you return the racket to ForzaWM at your expense. Any string failure outside the frame cannot be replaced free of charge. This is because most breakages are the result of floor contact. To qualify for a free restring, you must return your racket to ForzaWM at the above address. The return postal cost is to be borne by the sender. ForzaWM will return to you at their cost.
7.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
7.1.1 no documents or related graphics on this Website are modified in any way;
7.1.2 no graphics on this Website are used separately from accompanying text; and
7.1.3 any of our copyright and trade mark notices and this permission notice appear in all copies.
7.1.4 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 6.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
7.1.5 Subject to clause 6.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
- Service access
8.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
8.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
- Links to and from other websites
9.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed these third-party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk.
9.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
9.2.1 you do not remove, distort or otherwise alter the size or appearance of the ForzaWM logo;
9.2.2 you do not create a frame or any other browser or border environment around this Website;
9.2.3 you do not in any way imply that we are endorsing any products or services other than our own;
9.2.4 you do not misrepresent your relationship with us nor present any other false information about us;
9.2.5 your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
9.3 We expressly reserve the right to revoke the right granted in this clause 10.2 for breach of these terms and to take any action we deem appropriate.
10.1 To register with www.forzawm.co.uk you must be over eighteen years of age.
10.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
10.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
10.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
11.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
11.2 While every effort has been made to portray items accurately on our website and other advertising materials, slight variations may occur. All measurements quoted are approximate and the reproduction of colours is as accurate as photographic and publishing processes will reasonably allow. Please note there may be variations in colours dependant on the calibration and settings of individual screens/prints
11.3 The material on this Website is provided ‘as is’ without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
12.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
12.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
12.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
12.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
- Governing Law and Jurisdiction
13.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
14.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
14.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
14.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
Any rights not expressly granted in these terms are reserved.