1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you 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. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 We do not sell goods to businesses on our website. If you have a business query, please contact us. These terms relate only to consumers.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are C4 Boxing Ltd, a company registered in England and Wales. Our company registration number is 13185438 and our registered office is at The Granary, Hermitage Court, Maidstone, Kent, England, ME16 9NT.
2.2 How to contact us. You can contact us by emailing our customer service team on [email protected].
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. YOUR ACCOUNT; OUR CONTRACT WITH YOU
3.1 User account. You are not required to set up an account with us (user account) if you wish to use our services, however this will allow you to keep a track of any orders made. To obtain a user account, you are required to complete a registration process which will include filling in an online application form. You hereby represent to us that all information submitted to us during the registration is accurate and true and you undertake to keep your registration information up to date.
3.2 Responsibility for your user account. You are responsible for maintaining the confidentiality of your user account and password and for restricting access to your system and user account. This includes keeping your user account details secret such as your user account ID and password and not allowing other users to use your user account. You agree to notify us immediately if you have any reason to believe the security of your user account has been compromised, including if you believe that your password has become known to anyone else or if your password is being, or is likely to be, used in an unauthorised manner. You must log off each time at the end of the session. We shall bear no liability for any harm, loss or damage resulting from your failure to comply with the requirements of these terms.
3.3 Responsibility for purchases. You are responsible for all use of your user account, including all purchases and online conduct (except where such use is directly due to our error). You may be liable for unauthorised usage of your user account because of failing to keep your information secure. If you believe you have been a victim of crime in relation to this website (including any fraudulent activity on your user account) you should immediately contact us.
3.4 Children. Our products are not intended for children.
3.5 Reviews. If the functionality of our website allows, you may post reviews so long as you do not post anything that is illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
3.6 Closure or suspension of your user account. You acknowledge and agree that we shall be entitled to terminate or suspend your user account at our sole discretion without any notice to you in the event of your breach of these terms or without any reason. You understand that termination of your user account may lead to blocking, deletion and limitation of your access to content, materials, information and files uploaded, shared, submitted and made available in association with your user account, as well as access to some or all of our services.
3.7 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.8 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because your payment was declined, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.9 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.10 We currently only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not currently accept orders deliver to addresses outside the UK.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 9 - Your rights to end the contract).
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products. We may change the product to reflect changes in relevant laws and regulatory requirements.
6.2 Changes to these terms. We keep these terms under regular review. This version was last updated on [4 July 2021]. We reserve the right to change these terms at any time by posting revisions to this website and e-mailing you a copy. Any changes are effective 15 days after we e-mail them to you and if you do not accept the new terms then do not use this website or our services.
7. INTELLECTUAL PROPERTY; LICENCE RESTRICTIONS
7.1 We are the owner or the licensee of all intellectual property rights in our website, in the material published on it, all of our publications and visual representations and designs whether published online or on our products (Our IP). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. If you print off, copy or download any part of Our IP, your right to use our site and products will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
7.2 Prohibited actions. You agree that you will:
(a) not use any part of Our IP for commercial purposes without obtaining a written licence to do so from us;
(b) not attempt to replicate our products nor present yourself as having the right to do so and/or distribute our products to any third parties;
(c) not sell, resell, rent, lease, sub-license, loan, publish, distribute, redistribute, provide, or otherwise make available, our website in any form, in whole or in part, to any person without prior written consent from us;
(d) not copy our website except as part of the normal use of our website or where it is necessary for the purpose of back-up or operational security;
(e) not translate, merge, edit, adapt, vary, alter or modify, the whole or any part of our website nor permit our website or any part of it to be combined with, or become incorporated in, any other programs, applications or digital content;
(f) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of our website;
(g) not attempt to, or assist, authorise or encourage any person to circumvent, disable or defeat, interfere with or disrupt the safety, security or performance of our website;
(h) not access or use the source code of our website; and
(i) comply with all applicable technology control, export control and trade sanctions laws and regulations relating to our website.
7.3 Acceptable use restrictions. You must not (or permit or assist others to):
(a) use our website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
(b) use our website in a way that could damage, disable, overburden, impair or compromise our website or our systems or security or interfere with other users of our website;
(c) collect or harvest any information or data from our website or attempt to decipher any transmissions to or from the servers running our website;
(d) infringe Our IP or any intellectual property rights of any third party in relation to your use of our website, including by the submission of any content or material (to the extent that such use is not licensed by these terms); or
(e) breach any of the user content rules in clause 5 , or interaction with, or communication with any user of our website or our staff in a way, which is unlawful, or can reasonably be considered to be offensive, harmful, threatening, intimidating, abusive, harassing, menacing, hateful, or racially or ethnically offensive, discriminatory or inflammatory.
7.4 We do not guarantee the availability of our website. We will use reasonable skill and care to provide our website to you and to keep it safe, secure and error-free but we do not promise that your use of our website will be safe, secure, uninterrupted or error-free. We will use reasonable endeavours to maintain the availability of our website to you, but we do not guarantee 100% availability. For example, our website may become temporarily unavailable for maintenance, repairs, updates, upgrades, or due to network or equipment failures.
8. PROVIDING THE PRODUCTS
8.1 Delivery. Delivery charges and timescales vary depending on the type of products ordered and the delivery address. The delivery to you will usually be managed by Royal Mail. We may on occasion choose a different delivery method in our absolute discretion and without needing to give you notice.
8.2 Delivery costs. The costs of delivery will be as advised when you are placing an order.
8.3 When we will provide the products. During or shortly after the order process we will let you know when we will provide the products to you.
8.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then you will be contacted you as soon as possible to let you know. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
8.5 If you are not available when the product is delivered. If no one is available at your address to take delivery, Royal Mail will leave you a note informing you of how to rearrange delivery.
8.6 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect the product from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 6 will apply.
8.7 When you become responsible for the goods. The products will be your responsibility from the time we deliver the product to the address you gave us, whether delivery is accepted by you personally or left in a previously arranged safe place.
8.8 When you own goods. You own a product which is goods once we have received payment in full.
8.9 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product (see clause 6).
8.10 Your rights if we suspend the supply of products that you have already ordered. We will contact you in advance to tell you we will be suspending supply of the product unless the problem is urgent or an emergency. If we have to suspend the product for longer than 14 days, you may contact us to cancel your order and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
9. YOUR RIGHTS TO END THE CONTRACT
9.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see clause 12;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 9;
(c) If you are a consumer and you have just changed your mind about the product, you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you may have to pay the costs of return of any goods.
9.2 If you are a consumer and you are ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below, the contract will end immediately, and we will refund you in full for any products which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 2).
(b) we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
9.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights are under the Consumer Contracts Regulations 2013 and these terms comply with them.
9.4 When consumers don't have the right to change their mind. You do not have a right to change your mind in respect of:
(a) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(b) any products which become mixed inseparably with other items after their delivery.
10. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
10.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Contact customer services by email on [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address.
10.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us at your own cost unless it is due to a reason set out in clause 3. Return instructions will be included with the product. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us that you wish to end the contract.
10.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
(c) In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
10.4 How we will refund you. We will refund you the price you paid for the products by the method you used for payment, excluding any delivery and admin costs . If you are returning a product due to reasons set out in clause 3(a) – (b), the cost of return will also be refunded to the method used for payment for the product.
10.5 When your refund will be made. We will make any refunds due to you as soon as possible after the products are received.
10.6 You must compensate us if you break the contract. We may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
12. IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if your payment fails or is recalled for any reason or you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
11.2 We may withdraw the product. We will notify you if you have made an order to let you know that we are going to stop providing the product and will refund any sums you have paid in advance for products which will not be provided.
11. OUR RIGHTS TO END THE CONTRACT
12.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at [email protected].
12.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must return them to us as outlined in the return instructions supplied with them. If there are no return instructions, please email us at [email protected] for a return label.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 Where to find the price for the product. The price of the product (which where stated on our website includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the product you order.
13.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
13.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
13.4 When you must pay and how you must pay. We accept payment by Paypal. You must pay for the products before we dispatch them.
13. PRICE AND PAYMENT
14.1 If you are a consumer, we are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987
15. PERSONAL INFORMATION
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
16.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 Even if we delay in enforcing this contract, we can still enforce it later. 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 this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
16.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
16.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to CEDR (or the Centre for Effective Dispute Resolution) via their website at https://www.cedr.com/ . CEDR will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.