Terms of Sale

BACKGROUND:

Please read these Terms of Sale carefully before placing an order with Us. These Terms of Sale, together with any other documents referred to herein (unless otherwise stated), set out the terms under which Goods and Bespoke Goods are sold by Us to consumers through this website, https://www.earlydoorssports.com (“Our Site”).

These Terms of Sale explain who We are, how Our Goods and Bespoke Goods will be provided to you, how you or We may change, cancel, or otherwise end the Contract, what to do in the event of problems, and other important information.

These Terms of Sale were last updated on 24.07.2023.

You will be required to read and accept these Terms of Sale when ordering Goods and Bespoke Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods or Bespoke Goods through Our site. These Terms of Sale, as well as all Contracts, are in the English language only.

The following documents may also apply to your use of Our Site:

Our Terms of Use, available at https://www.earlydoorssports.com/terms-conditions/, apply to your use of Our Site.
Our Privacy Policy & Cookies Policy, available at https://www.earlydoorssports.com/privacy-policy/.
Our Acceptable Usage Policy, available at https://www.earlydoorssports.com/usage.

Definitions and Interpretation

In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Bespoke Goods”	means the goods made and customisedto order, sold by Us through Our Site;
“Contract”	means a contract for the purchase and sale of Goods and/or Bespoke Goods, as explained in Part 10;
“Contact Tools”	means any online communications facility that We make available on Our Site enabling you to contact Us including, but not limited to, contact forms and live chat;
“Goods”	means any goods that are not Bespoke Goods sold by Us through Our Site;
“Order”	means your order for Goods and/or Bespoke Goods;
“Order Confirmation”	means Our acceptance and confirmation of your Order;
“Order Number”	means the reference number for your Order; and
“We/Us/Our”	means Early Doors Sports Limited.

Unless the context otherwise requires, each reference in these Terms of Sale to:
1. “writing”, and any similar term, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
2. a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
3. a Part or paragraph is a reference to a section, part, or clause of these Terms of Sale.

Information About Us
1. Our Site is operated by Early Doors Sports Limited. We are a limited company registered in England and Wales under company number 13556358. Our registered address is Suite 115 Devonshire House, Manor Way, Borehamwood, Hertfordshire, United Kingdom, WD6 1QQ.
2. Our VAT number is <<insert VAT number>>.
How to Contact Us
1. To contact Us with general questions or complaints by email, please email Us at photobooks@earlydoordsports.com.
2. To contact Us about the Goods, Bespoke Goods, or your Order by email, please email Us at photobooks@earlydoordsports.com.
3. To contact Us about cancellations by email, please email Us at photobooks@earlydoordsports.com.
4. Use of Our Contact Tools is subject to Part 3 of Our Terms of Use, available at https://www.earlydoorssports.com/terms-conditions, and Our Acceptable Usage Policy, available at https://www.earlydoorssports.com/usage.
Access to Our Site and Use of Our Site
1. Access to Our Site is free of charge.
2. It is your responsibility to make the arrangements necessary in order to access Our Site.
3. Use of Our Site is subject to Our Website Terms of Use, available at https://www.earlydoorssports.com/terms-conditions. Please ensure that you have read them carefully, that you understand them, and that you agree to them.
Changes to these Terms of Sale
1. We may alter these Terms of Sale from time to time, for example, to reflect changes in relevant laws and regulatory requirements. If We do so, details will be highlighted at the top of this page. If the changes are likely to affect your Order, We will inform you in advance by email and you may contact Us to end the Contract before the changes take effect. If you end the Contract for this reason, you will receive a refund for any Goods and/or Bespoke Goods paid for but not received.
2. If any part of the current version of these Terms of Sale conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.
Business CustomersThese Terms of Sale do not apply to customers purchasing Goods and/or Bespoke Goods in the course of business.
Goods, Descriptions, and Changes
1. We make all reasonable efforts to ensure that all descriptions and images of Goods and Bespoke Goods available from Us on Our Site match the actual Goods and Bespoke Goods. Please note:
  1. Images of Goods and Bespoke Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product due to differences in computer or device displays and lighting conditions and, in the case of Bespoke Goods, variations resulting from your specific requirements;
  2. Images or descriptions of packaging are for illustrative purposes only and the actual packaging may vary; and
  3. Due to the nature of certain Goods and/or Bespoke Goods, there may be a variance of up to 3% in dimensions, weight, capacity and other elements between the actual Goods and/or Bespoke Goods and the description.
2. Please note that Part 7.1 does not exclude Our responsibility for mistakes due to Our negligence. It refers only to minor variations in the correct Goods and/or Bespoke Goods, not to different products altogether. If you receive Goods and/or Bespoke Goods that are not as described, please refer to Part 13.
3. Minor changes may be made to certain Goods and/or Bespoke Goods from time to time. This may happen between you placing your Order and the Goods and/or Bespoke Goods being dispatched.Minor changes may be made, for example, to reflect changes in relevant laws and regulatory requirements or to address particular technical or security issues.
  Minor changes will not change the main characteristics of the Goods and/or Bespoke Goods and will not affect your use of them.
4. As explained in the descriptions of the Goods and/or Bespoke Goods, more significant changes may also be made to theGoods and/or Bespoke Goods from time to time. If We make such changes, We will inform you and you may contact Us to end the Contract before the changes are made. If you end the Contract for this reason, you will receive a refund for any Goods and/or Bespoke Goods paid for but not received.
Pricing
1. We make all reasonable efforts to ensure that prices shown on Our Site are correct. We may change prices from time to time. Changes in price will not affect any Order that you have already placed. Please note, however, that changes in VAT will, as explained below in Part 8.2.
2. All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
3. All prices are checked before We accept your Order. If We have shown incorrect pricing information, We will inform you of the mistake in writing.If the correct price is lower than that shown when you make your Order, We will simply charge you the lower price.
  If the correct price is higher than that shown when you make your Order, We will give you the option to purchase the Goods and/or Bespoke Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If you do not respond within two working days, We will treat your Order as cancelled and inform you of the cancellation in writing.
4. If We mistakenly accept and process an Order where an obvious and unmistakeable pricing error has been made, which you could have reasonably recognised as mispricing, We have the right to end the Contract, refund any sums paid, and require you to return the affected Goods and/or Bespoke Goods to Us.
5. Delivery charges are not included in the price of Goods or Bespoke Goods shown on Our Site. Delivery options and related charges will be presented to you as part of the order process.
Orders and How Contracts Are Formed
1. Our Site will guide you through the ordering process. Before submitting your Order, you will be given the opportunity to review and amend it. Please ensure that you check your Order carefully before submitting it.
2. If you order Bespoke Goods from Us, We will make and customise them to your specifications and requirements, as detailed in the descriptions accompanying such products on Our Site. When you place an Order for Bespoke Goods, We will provide details of the information required from you.
3. When placing an Order for Bespoke Goods, please ensure that all information that you provide to Us is correct, accurate, and complete. We cannot accept the return of any Bespoke Goods if that return is due to incorrect information provided by you. Please note that this does not affect your legal rights.
4. If you provide Us with incorrect or incomplete information during the order process, please contact Us as soon as possible. Where any information is required, it will be stated on Our Site, either in the product descriptions or during the order process, as applicable.If We cannot process your Order due to incorrect or incomplete information, We will contact you to ask you to correct it or provide the missing information required for Us to supply the Goods and/or Bespoke Goods to you.
  If you do not provide the required information within a reasonable period of Us asking for it, or if the information is inaccurate or incomplete, We may either end the Contract or charge you a reasonable sum as compensation for the extra work required as a result.
  
  We will not be responsible for supplying the affected Goods and/or Bespoke Goods late or for not supplying the affected Goods and/or Bespoke Goods if this is due to you not providing Us with the required information within a reasonable period of Us asking for it.
5. No part of Our Site constitutes a contractual offer capable of acceptance.Your Order constitutes a contractual offer. Our acceptance of that offer is indicated by Us sending you an Order Confirmation by email.
  Only once we have sent you an Order Confirmation will there be a legally binding Contract between Us and you for the sale of the Goods and/or Bespoke Goods.
6. Order Confirmations contain the following information:
  1. Your Order Number;
  2. Confirmation of the Goods and/or Bespoke Goods ordered.
7. Please quote your Order Number if you contact Us about your Order for any reason.
8. In the unlikely event that We cannot accept your Order, We will inform you in writing and explain why. No payment will be taken under normal circumstances. If We have taken payment, any such sums will be refunded.We may not accept your Order because the Goods and/or Bespoke Goods are out of stock, because of unexpected limits on Our resources that We could not have reasonably planned for, because We have identified a mistake in the description or price of the Goods and/or Bespoke Goods, or because We are not able to meet a delivery deadline that you have set.
Payment
1. Payment for Goods and/or Bespoke Goods and related delivery charges must always be made in advance. You will be prompted to provide payment details during the ordering process.
2. We accept the following methods of payment: Credit Card.
3. If you believe that We have charged you an incorrect amount, please contact Us as soon as possible to let Us know.
When You Own the Goods and/or Bespoke GoodsOwnership of the Goods and/or Bespoke Goods passes to you once We have received payment in full of all sums due.
Delivery
1. All Goods and/or Bespoke Goods purchased through Our Site will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the ordering process.
2. We will not be responsible for delays that are outside of our reasonable control. If delivery is delayed for such a reason, We will inform you as soon as possible and will take steps to minimise the impact of the delay.
3. If there is a risk of a substantial delay to delivery, you may contact Us to end the Contract and will be refunded any sums paid for Goods and/or Bespoke Goods that you have not received.
4. If you (or someone on your behalf) are not available at your address to take delivery of the Goods and/or Bespoke Goods and they cannot be posted through your letterbox, our selected delivery partner may leave a note informing you of how to arrange for re-delivery or of where to collect the Goods and/or Bespoke Goods.
5. In the unlikely event that We do not deliver the Goods and/or Bespoke Goods on time (within 30 calendar days of the Order Confirmation or as otherwise agreed or specified), you have certain legal rights. If any of the following apply, you may treat the Contract as being at an end immediately:
  1. We have refused to deliver the Goods and/or Bespoke Goods;
  2. In light of all relevant circumstances, delivery within the specified or agreed time period was essential; or
  3. You told Us when ordering the Goods and/or Bespoke Goods that delivery within the specified or agreed time period was essential.
6. If you do not wish to cancel under Part 12.5, or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
7. You may cancel all or part of your Order under Parts 12.5 or 12.6 provided that separating the Goods and/or Bespoke Goods in your Order would not significantly reduce their value.Any sums that you have already paid for cancelled Goods and/or Bespoke Goods and their delivery will be refunded to you.
  If any cancelled Goods and/or Bespoke Goods are delivered to you, you must return them to Us or arrange for their collection. We will cover the costs of postage or collection. Please contact Us using the details provided above in Part 3 for a return label or to arrange collection.
8. Responsibility for the Goods and/or Bespoke Goods passes to you once We have delivered the Goods and/or Bespoke Goods to the address you have provided or once you (or a carrier organised by you, if applicable) collect the Goods and/or Bespoke Goods from Us.
9. As explained in Part 9.4, We will not be responsible for delivering Goods and/or Bespoke late or for not delivering Goods and/or Bespoke Goods if this is due to you not providing Us with required information within a reasonable period of Us asking for it.
Refunds, returns and rights of cancellation
1. You have the right to cancel an Order only if:
  1. We have failed to deliver the Order within 30 days after the date upon which You placed the Order. We will accept the return of Products in any of these circumstances, and will be responsible for all sums paid, including all delivery charges of the Order in question; or.
  2. a Product is incorrectly supplied or because it is not made to your specifications as set out in your Order; or
  3. a Product is Faulty.
2. In circumstances in which a Product is Faulty You must have inspected the Product as soon as reasonably practicable after delivery and in no case longer than 14 days after delivery of the Product.
3. Prior to returning the Product, you must notify Us by emailing photobooks@earlydoorssports.com. The Product(s) must be returned in its original packaging and in the condition in which You received it, and within 20 days of delivery.
4. We will not accept returns if the product has been personalised and the Order has been correctly fulfilled.
5. Nothing in this clause affects your statutory rights.
6. Except in circumstances of Faulty or defective Products, nothing in these Terms of Sale shall give you rights of cancellation in regard to the Products, which have been personalised to your specification.
Cancelling and Ending the Contract Because of Something We Have Done or Will Do
1. You may have the right to cancel and end the Contract because of something We have done or have informed you that We are going to do. This right to cancel applies in the following circumstances:
  1. We have informed you about an upcoming change to these Terms of Sale that you do not agree to (see Part 5.1);
  2. We have informed you about an upcoming change to the Goods and/or Bespoke Goods that you do not agree to (see Part 8.4);
  3. We have informed you about an error in the price or description of the Goods and/or Bespoke Goods and you do not wish to proceed;
  4. There is a risk that delivery of the Goods and/or Bespoke Goods will be substantially delayed due to events outside of Our control (see Part 13.3);
  5. You have a legal right to end the Contract because We have done something wrong (including where We have not delivered the Goods and/or Bespoke Goods on time and the circumstances in Part 13.1.
2. If you cancel and end the Contract for any of the reasons set out in this Part 14, the Contract will end immediately and you will receive a full refund for any Goods and/or Bespoke Goods which have not yet been provided. You may also be entitled to compensation.
3. If you wish to end the Contract for this reason, you may inform Us in any way you wish (including by email, post, or telephone). Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number. Our contact details are provided above in Part 3.
Our Liability to Consumers
1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
2. We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods and/or Bespoke Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
3. Our total liability for any losses you may suffer as a result of us breaching these Terms of Sale (or the Contract) is strictly limited to the net purchase price of the Goods and/or Bespoke Goods you purchased (excluding taxes and delivery costs).
4. Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
5. Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer including, but not limited to, those explained above in Part 14.
How We Use Your Personal InformationWe will only use your personal information as set out in Our Privacy Policy, available from https://www.earlydoorssports.com/privacy-policy/.
What Happens if We Transfer this Agreement to Another PartyWe may transfer (assign) Our obligations and rights under these Terms of Sale (and the Contract) to a third party (this may happen, for example, if We sell Our business). If this Occurs, We will inform you in writing. We will ensure that your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.
Other Important Terms
1. You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
2. The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
3. If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
4. No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
Law and Jurisdiction
1. These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 19.1 takes away from or reduces your legal rights as a consumer.
3. If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
4. If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

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