Terms & Conditions
MAMIL SPORTS TERMS AND CONDITIONS
1. User Terms
These User Terms apply to websites operated by MAMIL SPORTS, (as used in these User Terms ‘we’ or MAMIL SPORTS from time to time). In accordance with the following user terms (‘User Terms’), MAMIL SPORTS grants you as an authorised user (‘User’ or ‘you’) of this website (the ‘Website’) certain rights (as set out below) and in return you agree to perform certain obligations. These User Terms form a binding contract between you MAMIL SPORTS. By using this Website, you therefore confirm that you are 18 years old or more, or if you are under 18 years old that you are 13 years of age or more and have received your parent’s or guardian’s consent to enter into these User Terms. Please read these User Terms carefully before using the Website. By using the Website, you are deemed to have accepted these User Terms. These User Terms apply to whatever method you have used to access the Website, including but not limited to the web, digital television services and mobile phone. If you do not agree to any part of these User Terms you should stop accessing this Website and navigate away from it.
Please note that these User Terms also contain at Clause 6 the MAMIL SPORTS Selling Terms for Goods and Services in respect of any goods or services you buy direct from MAMIL SPORTS on the Website, as well as Clause 5, our Acceptable Use Policy and Clause 8, our Forum Rules.
If you register for any services or forums or enter any prize competitions or other promotions on the Website, separate terms and conditions which are located on the Website may also apply in addition to these User Terms. MAMIL SPORTS Standard Terms and Conditions shall also apply to any competitions in addition to these User Terms. Please see MAMIL SPORTS Standard Competition Terms and Conditions set out here. In the event of a conflict between any additional terms and conditions located on the Website and these User Terms such additional terms shall prevail.
2. Information about Us
This Website is operated by TEJI PARTNERS LTD trading as “MAMIL SPORTS”, a limited liability company registered in England and Wales under company number 09162055. Our registered office address is at Jacaranda Cottage, Binfield Heath, Henley-on-Thames, Oxon, RG9 4JY. Our VAT number is 646150645
Some services on the Website may be restricted to users that have registered their details with us and created an account. If you decide to register for one of these services you agree:
(a) that your account details are personal to you and you shall not disclose your account details to any third party;
(b) that you will not allow a third party to use your password for the purposes of gaining entry to services meant for registered users only and that you will take all reasonable steps to ensure that your user details are kept confidential and secure; and
(c) that you will not create an account using false information or impersonate another person when registering for a service on the Website.
We may cancel your account at any time if for any reason we believe you have breached these requirements. We also reserve the right to disable your account details, whether chosen by you or allocated by us, at any time if in our sole opinion you have failed to comply with any part of these User Terms.
4. Accessing the Website
Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Website without notice. We will not be liable for any reason if the Website remains unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire site, to users who have registered with us. You are responsible for making all arrangements necessary for you to have access to our site (including taking necessary steps to ensure you use up to date anti-virus software). You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these User Terms, and that they comply with them. Any commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
5. Use of the Website / Acceptable Use Policy
Your use of the Website shall be subject to complying at all times with our Acceptable Use Policy in this clause 5. For the purposes of these User Terms: “Material” shall include but is not limited to: software, data, information, documentation, text, pictures, sounds, graphics, articles, video or audio clips, advertising material and other material published on the Website.
We are either the owner or the licensee of the intellectual property rights in the Website and the Material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
5(a) Accessing our Material
You are entitled to access and print the Material for your own personal, private and non-commercial use only, provided that you do not:
(i) download or print any Material in a systematic or regular manner so as to create a database (electronic or paper form);
(ii) remove any notices relating to the ownership of copyright or other intellectual property rights in the Material;
(iii) modify, translate, reverse engineer, reproduce, decompile, disassemble or create derivative works of any of the Material; or
(iv) rent, lease, sub-license, loan, copy, commercially exploit or give or transfer any rights in the Material in any form, to any person or entity without our prior written consent.
Our status (and that of any identified third party contributor or rights holder) as the author of the Material must always be acknowledged. If you print off or otherwise copy any part of the Website or Material in breach of these User Terms, your right to use the Website will cease immediately and you must, at our direction, return or destroy any copies of the Material you have made. You are not authorised to download or copy any music or videos which we may grant you access to on the Website without our explicit written consent in each instance.
5(b) Prohibited uses
You further agree that you will not use the Website for any of the following purposes:
(i) to send or distribute multiple unsolicited emails or messages (‘Spam’), including mass mailings, chain letters, political campaigning, contests, raffles or solicitations, or to cause any other person annoyance, inconvenience or worry;
(ii) for any purposes connected to any business or commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, pyramid schemes, and sending any unsolicited advertisements or promotional material;(iii) to use or attempt to use any software, engine, or any other means to navigate or search the Website other than the navigation tools and search facilities available on the Website and general third party browsers;
(iv) to carry out any activities in relation to “screen scraping” or “database scraping” to obtain lists of users, URLs, internet keywords or other information;
(v) to access the Website by any means other than through the interface that is provided by MAMIL SPORTS for use in accessing the Website;
(vi) to use or transmit any material that contains software viruses or any other computer code, file or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including but not limited to the Website;
(vii) to do anything which imposes an unreasonable or disproportionately large load on the Website’s infrastructure;
(viii) to interfere with or disrupt the Website and/or any of its services or servers or networks connected to the Website or disobey any requirements, procedures, policies or regulations of networks connected to the Website; or
(ix) to collect or store personal data about other users of the Website whether or not for commercial purpose without their consent. This includes the posting of phone numbers, addresses, social security numbers, credit card details or any other private information without the express permission of that individual.
5(c) Submission of Material to the Website
You agree that any Material submitted by you for publication on the Website, including but not limited to any Material sent via Forums, chat services, feedback, bulletin boards or articles or any other Material submitted for publication on the Website or in using any of the Website services is done so on the following terms:
(i) you will not submit Material that is offensive, abusive, indecent, defamatory, obscene, false, unlawful, lewd, suggestive, harassing, or advocates harassment of another person, threatening, invasive of privacy or publicity rights, fraudulent, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or material that is otherwise objectionable;
(ii) you will not submit content that would constitute, encourage, promote or provide instructions for a conduct of an illegal activity, criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, state, national or international law;
(iii) you will not submit any Material which infringes the intellectual property rights of any third party, including patents, trademarks, trade secrets or copyrights, or is in breach of any obligation of confidentiality by which you are bound – all Material must be owned by or created by you. This particularly includes material that promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices or providing pirated music or links to pirated music files;
(iv) you grant to us a nonexclusive, perpetual, transferable, irrevocable, worldwide, royalty free licence and fully sub-licensable to use, reproduce, modify, adapt, translate the Material in perpetuity in any format and on any media and to use the name that you submit in connection with each submission. This means for example that we may use your Material in the print and digital editions of magazines and newsletters published by MAMIL SPORTS, the Website and on any other website operated by MAMIL SPORTS;
(v) we reserve the right not to publish the Material submitted and to make additions or deletions to the Material, prior to publication;
(vi) we reserve the right to remove and/or delete the Material submitted by you without notice;
(vii) we reserve the right to cut and crop any photographs or graphical images submitted by you at our discretion and to alter any Material such that we can make it available on the Website;
(viii) you acknowledge that you are solely responsible for the Material you submit and that we do not screen the Material prior to its publication on the Website, and therefore any opinion submitted by you shall be accurate and/or genuinely held;
(ix) we reserve the right to share your identity with any third party who is claiming that any Material posted or uploaded by you to the Website violates these User Terms;
(x) we may identify you as the contributor of any Material, and you waive any moral rights you may have in respect of our use of the Material. Our Forum Rules expand upon the points above.
(xi) you must not submit links that contain restricted or password only access pages, or hidden pages or images.
6. Buying Goods and Services via the Website
The Website may offer you the opportunity to purchase goods and services. Some of these goods and services will be provided directly by us (and we shall notify you in each instance where we are the seller). In such cases the legal contract for the provision of these goods and services will therefore be made directly between you and MAMIL SPORTS, and will be governed by the MAMIL SPORTS Selling Terms for Goods and Services set out in clause 6(b), together with any additional terms notified to you at the time of sale. Alternatively, other goods and services available through the Website may either be:
(i) provided by a third party through a third party website linked to or framed by the Website; or
(ii) provided by us acting as agent for a third party.
In either of the above circumstances the legal contract for the goods and services provided will be made between you and that third party (the “Merchant”) and the Merchant’s terms and conditions shall apply to the sale and supply of the goods and services (the “Merchandise”) in addition to these User Terms. Accordingly, we cannot give any undertaking that the products you purchase from third party sellers through our Website will be of satisfactory quality and any such warranties are hereby disclaimed by us absolutely. However, this disclaimer by us, does not affect your statutory rights against that third party seller.
MAMIL SPORTS refers to the e-commerce as described in the previous paragraph as “Merchant Sales” and the following Merchant Rules apply. You should carefully read the Merchant’s own terms and conditions in addition to these Merchant Rules and User Terms.
6(a) Merchant Rules
When purchasing Merchandise you acknowledge:
(i) that the Merchant is solely responsible for the fulfilment of orders for any Merchandise and for its quality, suitability and fitness for purpose;
(ii) that the selection of any Merchant or the purchase of any item of Merchandise from the information available on the Website or from the Merchant via the Merchant’s website or otherwise, and/or recommendations made to you by the site or otherwise, is solely your choice. Any disputes or questions relating to the Merchandise shall be directed to the Merchant in question and you acknowledge that MAMIL SPORTS shall have no responsibility, obligations or liability in relation to the Merchandise;
(iii) that any Merchant’s data protection practices may differ from those adhered to by MAMIL SPORTS, and MAMIL SPORTS is not responsible for, and has no control over, any data that is submitted to, or collected by any third parties; and
(iv) that MAMIL SPORTS is not responsible or liable directly or indirectly for any charge or loss whatsoever and howsoever arising or resulting from your use of or reliance on any content, material or goods or services available through, on or from any Merchant or Merchant’s websites.
6(b) MAMIL SPORTS Selling Terms for Goods and Services
For goods and services sold directly by MAMIL SPORTS, the following MAMIL SPORTS Selling Terms shall apply in addition to the User Terms. In the event that there are other terms on the Website referring to the sale of such goods and services that conflict with the terms set out hereunder, the terms on the Website shall prevail. An example of the Goods that MAMIL SPORTS sells are clothes and physical products in general. The specific terms that relate to “goods” therefore only apply to all physical items sold through the Website by MAMIL SPORTS.
An example of the Services that MAMIL SPORTS sells are music and/or video downloads and/or streams, digital downloads of magazines, and/or access to online ‘paid for content’. The specific terms that relate to “services” therefore only apply to all non-physical items sold through the Website by MAMIL SPORTS.
6(b)(i) Your Status:
BY PLACING AN ORDER THROUGH THE WEBSITE, YOU WARRANT AND CONFIRM THAT YOU ARE LEGALLY CAPABLE OF ENTERING INTO BINDING CONTRACTS AND YOU ARE AT LEAST 18 YEARS OLD. IF YOU ARE UNDER THE AGE OF 18 YEARS OLD, YOU MUST ENSURE THAT A PARENT OR GUARDIAN PURCHASES THE GOODS OR SERVICES ON YOUR BEHALF. YOU SHOULD PRINT OUT AND KEEP A COPY OF THESE USER TERMS FOR YOUR REFERENCE IN RESPECT OF ANY GOODS OR SERVICES YOU BUY FROM US.
The following information relates to how the contract is formed between you and TEJI PARTNERS LTD trading as “MAMIL SPORTS” for the purchase of Goods. After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the goods.
All orders are subject to acceptance by us, and, where you order online we will confirm such acceptance to you by sending you an e-mail that confirms the goods have been dispatched (the “Dispatch Notice”). The contract between us for the provision of the goods will only be formed when we send you the Dispatch Notice. The contract will relate only to those goods whose dispatch we have confirmed in the Dispatch Notice. We will not be obliged to supply any other goods which may have been part of your order until the dispatch of such other goods is confirmed in a separate Dispatch Notice.
The following information relates to how the contract is formed between you and MAMIL SPORTS for the purchase of Services. After you place an order for services, the contract between MAMIL SPORTS and you will only be formed when we make the digital content available to you for download or access, and MAMIL SPORTS has received payment in full from you. MAMIL SPORTS reserves the right, at its sole discretion to reject any orders it receives.
6(b)(ii) Purchase and delivery of Goods and Services
(A) Your transaction will be processed in a secure environment. All payments made on the MAMIL SPORTS.com website are encrypted using PAYPAL secure technology and your credit card details are not retained or visible.
(B) The price of any goods or services will be as quoted on the Website from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Notice unless in the event of a mistake (as set out below).
(C) Our Website may contain a large number of products, and despite our best efforts, some of the products on our Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product’s price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on the Website, we will normally, at our discretion, either contact you for instructions before dispatching the product or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you a Dispatch Notice if the pricing error is obvious and unmistakable and could easily have been recognised by you as a mis-pricing.
(D) In respect of purchasing goods, you will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out on the Website. All postage and packing charges are subject to change without notice.
(E) MAMIL SPORTS accepts the following methods of payment: Mastercard, Visa, Visa Debit, Visa Electron, Maestro, JBC and Solo. For the avoidance of doubt, MAMIL SPORTS does not accept payment by cash or cheque. We charge your debit or credit card on receipt of your order. All payments made on the MAMIL SPORTS.com website are encrypted using PAY PAL secure technology and your credit card details are not retained or visible.
(F) In the event that you place an order for any out of stock item, MAMIL SPORTS will inform you if it is awaiting stock and the anticipated arrival date of such stock. MAMIL SPORTS will hold your payment and order and despatch your goods as soon as the stock arrives. You may elect for MAMIL SPORTS to refund your card and to re-purchase on arrival of the stock. In this event, MAMIL SPORTS will notify you via email that stock has arrived and you will be required to place your order again. Please note that customers who have not opted for the refund will take preference. We shall not substitute or replace any out of stock item without your prior consent. Delivery
(G) We accept orders for delivery to any part of the world with the exception of those countries specifically set out in the shipping section of these terms and conditions below. Products will be dispatched in accordance with the delivery method you have selected from the options available on our website. Our delivery charges are as set out on the Postage page.
6(b)(iii) Order Confirmation
You will receive an email to confirm your successful payment. If you have a problem processing your payment online or are not certain if your payment was successful please email: firstname.lastname@example.org
Prices are quoted in UK £ Sterling. US customers should note the goods are exclusive of VAT. Local import duties may be payable by the recipient on receipt of the order. MAMIL SPORTS cannot be held responsible for any currency conversions fees on payments (all of which will be for the account of the customer).
UK standard deliveries take approximately 3-5 days and costs £4.
European deliveries take approximately 3-6 days and costs £18.
USA and Canadian deliveries take approximately 4-7 days and costs £18.
For the rest of the world deliveries could take up to 8 days and cost £18.
MAMIL SPORTS cannot be held responsible for shipment that take longer than those noted above as actual shipping time is out of our control.
Most courier companies and postal services will try to deliver the package twice if there is nobody in at the time of the 1st delivery attempt. MAMIL SPORTS cannot be held responsible for any non-delivery of orders due to failed delivery attempts and it will be your responsibility to arrange further attempts with the courier service or postal service or collect the package from their local depot.
We do NOT accept orders and ship to the following countries:
Democratic Republic of Congo
Federal Republic of Yugoslavia & Serbia
International Criminal Tribunal for the Former Yugoslavia
Ivory Coast (Cote d’lvoire)
North Korea (Democratic People’s Republic of Korea)
6(b)(vi) Out of Stock Product and Pre-Orders
You are able from time to time to pre-order items that are about to come into stock. Products offered for sale prior to being instantly available will be highlighted on the site with an expected shipment date. You can also express your interest in an item that is not available by using the wish list button on the product page. You will then receive an email as soon as the item becomes available in your chosen size and colour.
6(b)(vii) Amending or Cancelling an Order
If you would like to amend your order, please email email@example.com.
Please note that, subject to Section 6(c)(v), once an order has been received and processed, MAMIL SPORTS are unable to cancel or amend it.
6(b)(viii) Returns Policy
If you are not 100% satisfied with your purchase you can return it for an exchange, credit note or full refund, provided it is within 14 days of receiving your order and the item is as new, not worn and in the original packaging with swing tickets and trims are still attached.
You will be responsible for the cost of returning the product to us (unless it is faulty, incorrect or mis-described). We suggest you return your products by “Recorded” delivery so you can follow up with the courier service you have selected to use as any lost returns are the responsibility of the sender
If you are unhappy with the fit, cut, colour or style of your product please feel free to return it for an exchange within 14 days of receiving the order. As long as the item is “as new”* MAMIL SPORTS will accept it and replace your purchase with a product of your choice, refunding any difference in price or taking additional payment. Please follow the ‘How to Make a Return’ information below.
*”As new” condition for MAMIL SPORTS items is unwashed and unworn. MAMIL SPORTS strongly recommends you store your item in its original packaging while you make a decision about the product. Please also note that any return that is creased, unfolded, covered in hairs, dirt or fluff and not in the same condition as it was when it was shipped from MAMIL SPORTS will be subject to a £10 restocking fee or will not be accepted for an exchange and will be sent back to you.
6(b)(x) Faulty Goods
Goods are considered faulty where a manufacturing fault occurs within 21 days of purchase. MAMIL SPORTS will assess whether or not the product has suffered a manufacturing fault and will return or refund the product as required. Please note that items that are damaged as a result of excessive or long term usage are not considered to be faulty.
If you would like to exchange a faulty item, please be aware that it can only be replaced for the same product in the same size, subject to availability. Where possible MAMIL SPORTS will offer to repair faulty items.If a faulty item has been worn it must be freshly laundered before being returned. All unwashed worn garments will be returned back to the customer.
6(b)(xi) How To Make a Return
Please log in and visit your account page, click on order history, select the appropriate order, print and then write on this printed order which item you are returning and the reason for the return. Please then enclose this copy of your return with your returns package.
Repackage your item wherever possible in the original packaging and enclose a copy of your returns form.
Please post the package back according to your location to:
All UK, Europe and Rest of the World Returns:
MAMIL SPORTS, Jacaranda Cottage, Binfield Heath, Henley on Thames, Oxon,RG9 4JY, United Kingdom
Clearly mark your package ‘RETURNED GOODS VAT NO: GB197834549
Post items with cost of postage clearly marked on the outside of the package. If this is not possible please enclose a receipt of postage within the package. Obtain a proof of posting wherever possible. Note postage refunds will only be paid on faulty items.
For international returns – please mark your package ‘Goods returned under warranty’. MAMIL SPORTS will not be able to pay for customs charges incurred when returning items.
When MAMIL SPORTS receives your return we will aim to process it within 10 working days and will refund you on any monies owing and the return postage only if the goods are faulty (up to the value of £6 UK, $15 US, €10, A$20, $20 Japan and Rest of the World) directly to the card you used to purchase your original item(s).
If you have any enquiries about your return once it has been posted, email firstname.lastname@example.org. Please include the date the item was posted, which address it was sent back to, the name it was sent under and the item’s tracking number and order number if applicable.
If you are returning an item from Europe or Rest of the World please ensure you clearly mark your package ‘RETURNED GOODS VAT NO: GB197834549 otherwise we may be charged duty in the UK which will be deducted from your refund.
MAMIL SPORTS will try to process your return as soon as it arrives, although it can take up to a week for us to process a return during busy periods. Depending on your location, an exchange can take between 2-3 weeks to get back to you. All items will be sent by registered post and will need to be signed for.
We have taken every measure to provide accurate product images for each product for sale on the site. However, due to a number of different factors such as Internet browsers, monitor colour contrasts etc, we cannot be held responsible or liable for any differences in colour between the image and the actual product.
The products sold on MAMIL SPORTS.com are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from MAMIL SPORTS.com.
We have taken every measure to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers.
We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
We do not accept liability (except as set out below) for any errors and/or omissions contained in our website and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services at any time and without notice.
6(c) Other Terms – Buying Goods and Services via the Website
(i) You will become the owner of the goods only once (i) you have ordered (ii) they have been delivered to you AND (iii) we have received payment. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss, damage or destruction.
(ii) All downloads shall be delivered to your personal computer or other device which initiated the download. It is your sole responsibility to ensure that your device is enabled to play or access the digital content.
(iii) We shall be under no liability for any delay or failure to deliver products or digital content if the delay or failure is wholly or partly caused by circumstances beyond our control.
(iv) MAMIL SPORTS reserves the right to ship physical items separately or via a third party supplier. This will not affect the purchase price or delivery charges. Order cancellation, returns and refunds in respect of goods only
(v) Subject to paragraph (ix) of this section, if you are a consumer, then you may cancel your contract to purchase the goods you order at any time up to the end of the seventh (7th) working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
(vi) If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk within a reasonable time (usually 14 days). You must take reasonable care of the products that you wish to cancel. If you cancel your contract prior to receiving the goods but where we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
(vii) If the goods you receive are incorrectly supplied, faulty or damaged on delivery then you may cancel your contract with us providing you do so by contacting us in writing or by telephone (on the number printed on the advice note sent with your goods) within seven (7) working days of delivery. You must return the goods to us as soon as possible. We will examine the products on their return to us, to confirm if they were incorrectly supplied, faulty or damaged. Products returned by you because they were incorrectly supplied, faulty or damaged will be refunded in full, including a refund of the delivery charges for sending the item to you and the reasonable cost incurred by you in returning the item to us.
(viii) When returning goods to MAMIL SPORTS for any of the above reasons, please follow the return instructions and complete the returns form enclosed with your order. Returns should be made within a reasonable time (usually 14 days). Please clearly indicate whether you would like a refund or exchange, enclose this information in the original packaging and return to the address on your documentation.
(ix) You cannot cancel your contract with us if the goods you have ordered are:
(A) newspapers or magazines; or
(B) if you have taken any audio or video recording or computer software out of the sealed package in which it was delivered to you unless faulty; or
(C) created pursuant to your own specifications; or
(D) perishable goods; or
(E) goods that by reason of their nature cannot be returned e.g. earrings.
(x) We reserve the right to refuse any cancellations, refunds or returns if you do not return the goods to us in the same condition as we supplied them to you. You should return the goods to us with the original and undamaged packaging. Wherever reasonable, you should keep the goods in their sealed packaging unless you are sure you wish to keep the item. You should ensure that any clothing item is kept or tried on in hygienic conditions. Any hygiene seals should be kept on products and not removed unless you wish to keep the product. We cannot accept returns of products where any hygiene seal has been broken or removed. You have a legal obligation to take reasonable care of the any products whilst they are in your possession. If you fail to comply with this obligation then we may have a right of action against you for compensation.
(xi) When returning items, adequate insurance cover and proof of posting is strongly recommended. MAMIL SPORTS cannot accept responsibility for parcels lost in transit. For all returns (with the exception of larger or heavier items (for which please see paragraph (xxi) below), you will be required to arrange and pay for the return of the products to MAMIL SPORTS unless we sent a faulty or defective product to you.
(xii) MAMIL SPORTS may, at its sole discretion, arrange collection of heavy items. Please contact MAMIL SPORTS to arrange a collection. Where this is the case you will be responsible to pay the costs of such collection (which we will notify to you in advance).
(xiii) When returning goods ordered from the Website, please quote the transaction identification code found on your Dispatch Notification e-mail.
(xiv) Once you have notified us that you are cancelling your contract and that you are requesting a refund and you have returned the goods to us, any sum debited to us from your credit or debit card will be re-credited to your account as soon as possible and in any event within thirty (30) days of your notice to give cancellation subject to any rights we may have to withhold amounts to you. If you do not return the goods delivered to you or do not pay the costs of returning the goods, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
(xv) Refunds for items bought as a gift will be credited to the original purchaser.
(xvi) If you are exchanging goods whereby the replacement item costs less than the one you have returned, you will be refunded the difference.
(xvii) When you are exchanging goods, and the new purchase costs more than your original purchase, additional payment will be required. The additional payment of the remaining balance may either be included by you with the returned goods and new purchase details, or one of our operators will contact you on receipt of your return to obtain the payment balance. Order cancellation, returns and refunds in respect of services only
(xviii) When purchasing services (e.g. downloads of music, videos or digital versions of magazine, or access to online ‘paid for content’), then if you are a consumer you may (subject to paragraph xxviii) cancel your contract to purchase the services within seven (7) working days of completing the transaction to purchase the service. Notice may be given using the Customer Care details below.
(xix) However, your right to cancel the contract with us shall automatically expire as soon as the service begins (i.e. as soon as the file download commences or access to the online ‘paid for content’ is granted). Please note that this means you will not be able to receive refunds for downloads or access to paid content once you have commenced the download or been granted access to the paid content.
6(d) Customer Care
You may contact MAMIL SPORTS in relation to your order by telephone at the number provided on your order notification e-mail.
6(e) Liability – Other
We warrant to you that any goods or services purchased from MAMIL SPORTS shall be of a satisfactory quality and reasonably fit for purpose for which products of the kind are commonly supplied. However our total liability to you for any breach of this warranty shall be limited to the purchase price of the goods or service only. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under these MAMIL SPORTS Selling Terms and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods or services in question.
Notwithstanding the foregoing, nothing in these MAMIL SPORTS Selling Terms is intended to limit any rights you might have as a consumer under applicable UK law, including the Consumer Protection (Distance Selling) Regulations 2000 or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
We will not be liable to you if we are prevented or delayed from complying with our obligations under the MAMIL SPORTS Selling Terms by anything you do (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control.
The liability of any third party seller shall be as set out in their own terms and conditions with you.
7. Competitions and Promotions
We may run competitions and promotions on the Website from time to time. In addition to these User Terms, such competitions and promotions shall be subject to MAMIL SPORTS Standard Competition Terms and Conditions and any additional terms notified to you at the time.
8. Chat Room and Forum Rules
Use of any forum on the Website (“Chat Room” and “Forum”) indicates your acceptance of these Chat Room and Forum Rules and any relevant specific rules relating to a particular Chat Room or Forum, if applicable. In the event of a conflict between the Chat Room and Forum Rules set out below and any Chat Room and Forum specific rules, the Chat Room and Forum specific rules shall prevail:
(a) Companies/individuals must not use the Chat Room or Forum to advertise any products or services. Please visit www.mamilsports.com/advertise to find out more about advertising opportunities.
(b) MAMIL SPORTS reserves the right, in its sole discretion, to remove access to the Chat Room and Forum for any Users.
(c) Users may not post rude or abusive messages, including personal attacks on other Users as described in sections 5(c)(i)-(ii) of these User Terms.
(d) Users may not post defamatory or other insulting or inappropriate messages as described in sections 5(c)(i)-(ii) of these User Terms..
(e) Users may not place any material onto the Chat Room or Forum that infringes the Intellectual Property Rights or other rights of any third party or breaches any applicable laws as described in section 5(c)(iv) of these User Terms
(f) MAMIL SPORTS reserves the right to take appropriate action in the event of any suspected infringement of any applicable law.
(g) Users may not use any Chat Room or Forum for transmitting any spam, junk mail, or any other form of commercial solicitation as described in section 5(b)(i) of these User Terms..
(h) Users may not post onto any Chat Room or Forum anything that contains any software viruses, corrupted data or any other harmful, disruptive or destructive code, file, program designed to harm the function of any computer or telecommunications equipment.
(i) Users must not collect or store (or attempt to collect or store) any personal data that it may receive about other Users of any Chat room or Forum as described in section 5(b)(xi) of these User Terms.
(j) If under the age of 18 a User will need to obtain a parent or guardian’s permission before posting anything onto the Chat Room or Forum.
(k) Comments submitted to any Chat room or Forum may be recorded and stored in multiple places, both in the Website and elsewhere on the internet. These comments may be accessible for a long time and Users will not have control over who may read them. Users should be careful and selective over the personal information they disclose about themselves and others. In particular Users should not disclose sensitive, embarrassing, proprietary or confidential information in any comments made on any Forum. Users should not include sensitive personal details (like e-mail or physical addresses or telephone numbers) anywhere on the Forum, but particularly on public message boards. We take no responsibility for any issues arising from any User’s disclosure of any such information on any Forum, including and liability for mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
(l) Any User who includes a link from any other website to the Website shall ensure that such a link opens in a new browser window and shall link to the full version of an HTML formatted page of the Website. Users are not permitted to link directly to any image hosted on the Website, such as using an “in-line” image linking method to cause the image hosted by us to be displayed on another website. Users agree not to download or use images hosted on the Website on any other website for any purpose, including but not limited to posting such images on another website. Users agree not to link from any other website to the Website in any manner causing the Website or any page of the Website to be surrounded or obfuscated by any third party content, materials or branding. MAMIL SPORTS reserves the right to insist that any link to the Website is removed or discontinued, and to revoke the right of any User to link to the Website from any other website at any time.
(m) MAMIL SPORTS reserves the absolute right to use any submission to any Chat room or Forum in any format or media, whether now known or hereafter invented.
(n) Users waive their moral rights to object to any derogatory treatment, or to be identified as the author of any post made on any Forum.
(o) If a User fails to adhere to these, or any applicable Forum specific rules, MAMIL SPORTS reserves the right to terminate the User’s participation on any Forum.
(p) The Forums may not be moderated, MAMIL SPORTS does not edit or control the User Messages posted to or distrusted on this Website. MAMIL SPORTS reserve the right to remove or edit any posting on any Chat room or Forum that contravenes these, or any applicable Chat room or Forum specific rules.
(q) Users of any Chat room or Forum use the Chat room or Forum entirely at their own risk. As such, to the extent permitted by law, Users release MAMIL SPORTS, its directors, contractors and employees from all liability arising out of or in connection with the Chat room or Forum and the material submitted to it by third parties. For the avoidance of doubt, MAMIL SPORTS takes no responsibility for any of the views expressed on any Chat room or Forums.
(r) Problems or complaints should be directed to MAMIL SPORTS via private message to a Chat room or Forum moderator.
(s) Users must not post material that impersonates any person or entity or otherwise misrepresents their affiliation with a person or entity, including MAMIL SPORTS.
(t) Users must not post content that is unrelated to the topic of the Forum(s) in which such content is posted.
Please note that we do not actively monitor the activities in our Forums.
10. Third Party Advertising, Sites and Links
The Website may contain links to third party Websites which are controlled and operated by parties other than MAMIL SPORTS. The links will let you leave the Website and MAMIL SPORTS is not responsible for any content of any linked site or any link contained in a linked site. The inclusion of any link on the Website does not imply endorsement by MAMIL SPORTS of the linked site. If you decide to access linked third party websites, you do so at your own risk.
The Website contains advertising submitted by third parties. Such third parties are solely responsible for the content of such advertising and for ensuring that it complies with all relevant legislation and regulations. We do not accept any responsibility for the content of any third party advertising.
You may link to our Website home page, provided that you do so in a way that is fair and legal and does not (in our opinion) damage our reputation or take advantage of it, but you must not establish a link in such a way so as to suggest any form of association, approval or endorsement on our part where none explicitly exists. You must not establish a link from any website that is not owned by you.
Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than our home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy (clause 5). If you wish to make any use of the Material other than set out above, please address your request to MAMIL SPORTS.
11. Disclaimer and Limitation of Liability Relating to Events and Travel
MAMIL SPORTS does not limit its liability for (i) death or personal injury to the extent only that it arises as a result of the gross negligence of MAMIL SPORTS, its employees, or MAMIL SPORTS contractors (ii) fraudulant misrepresentation and (iii) any other liability that we are not permitted to limit or exclude under applicable law. The remainder of this section shall not apply to such liability.
You acknowledge that MAMIL SPORTS, its directors, contractors, agents and employees shall not be liable to you in contract, tort, or otherwise for: any economic loss, (including without limitation, loss of revenue, business, contracts, profits or anticipated savings); any loss of goodwill or reputation; any loss of data; or any special, indirect or consequential loss that may result to you or a third party arising from your use of the Website (unless expressly set out otherwise in these User Terms). You further acknowledge that MAMIL SPORTS gives no warranties of any kind in relation to the Website or the Material, and the Website is made available to you on an ‘as is’ basis. These User Terms are in lieu of all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
MAMIL SPORTS does not accept any liability for links on the Website to third party sites. If you decide to access linked third party sites you do so at your own risk. To the extent that MAMIL SPORTS is deemed by a court of competent jurisdiction to have any liability to you in contract, tort (including negligence) or otherwise in relation to the Website, MAMIL SPORTS entire liability shall be limited to £1,000 for any one incident or series of related incidents and up to £2,000 for all incidents in any period of 12 months.
If you take part in a MAMIL SPORTS event then you fully understand that participating in this event/race is potentially hazardous, and that you should not enter or participate unless you are fit and medically able. If you choose to accept this entry, you assume full and complete responsibility for any injury or accident, which may occur while you are traveling to or from the event, during the event, or while you are at the location/premises of the event.You must also be aware of and assume all risks associated with participating in any event, including but not limited to falls, contact with other participants, effect of weather, traffic, and conditions of the road or trail. You confirm that the event organisers, sponsors, promoters, agents, representatives, successors and assigns cannot be held responsible for any lost property or damage to property of belongings while you attend the event.
You and your heirs and executors, hereby waive, release and forever discharge the event organisers, sponsors, promoters, agents, representatives, successors and assigns, and all other persons associated with the event, for all my liabilities, claims, actions, or damages that you may have against them arising out of or in any way connected with my participation in this event. You understand that this waiver includes any claims, whether caused by negligence, the action or inaction of any of the above parties, or otherwise. You hereby grant full permission to any and all of the above parties to use any photographs, videotapes, motion pictures, website images, recordings or any other record of this event.
When you book international travel reservations with third-party suppliers or plan international trips using this Website, you are responsible for ensuring that you meet all foreign entry requirements and that your travel documents, including passports and visas, are in order. For passport and visa requirements, please consult the relevant embassy or consulate for information. Because requirements may change at any time, be sure to check for up-to-date information before booking and departure. MAMIL SPORTS accepts no liability for travelers who are refused entry onto a flight or into any country because of the traveler’s failure to carry the travel documents required by any airline, authority, or country, including countries the traveller may just be passing through en route to his or her destination.
It is also your responsibility to consult your physician for current recommendations on inoculations before you travel internationally, and to ensure that you meet all health entry requirements and follow all medical guidance related to your trip.
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. MAMIL SPORTS urges passengers to investigate and review travel prohibitions, warnings, announcements and advisories issued by the UK Government, the European Union (EU) and destination country governments prior to booking travel to international destinations. BY LISTING INFORMATION RELEVANT TO TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, MAMIL SPORTS DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
12. Variation to the User Terms
MAMIL SPORTS reserves the right to vary the User Terms from time to time. Please check the User Terms regularly as your continued use of the Website following MAMIL SPORTS posting of the amended User Terms will be regarded by MAMIL SPORTS as your acceptance of such amended User Terms. You should regularly review these User Terms to keep up to date with any changes.
You may send a legal notice to MAMIL SPORTS, or any questions you may have concerning these User Terms by email to email@example.com or by writing to Legal Department, Jacaranda Cottage, Binfield Heath, Henley-on-Thames, Oxon, RG9 4JY. Such notices will be effective three (3) days after sending. MAMIL SPORTS may send you notice by general notice on the Website, by email to your email address on record with MAMIL SPORTS, or by post to the geographical address on record with MAMIL SPORTS. Such notice will be effective if sent by email or posted on the Website, one (1) day from the date it was sent or posted on the Website. If sent by regular post, it will be effective three (3) days after posting by MAMIL SPORTS.
These User Terms form the entire agreement between you and MAMIL SPORTS and supersede any other oral or written communications, agreements or representations with respect to your use of the Website.
Nothing in these User Terms affects your statutory rights as a consumer.
If any part of these User Terms is held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these User Terms will not be affected. You acknowledge that MAMIL SPORTS has entered into these User Terms for its own benefit and for the benefit of each MAMIL SPORTS Group Company and these User Terms are intended to be enforceable by each MAMIL SPORTS Group Company by virtue of the Contracts (Rights of Third Parties) Act 1999.
Other than a MAMIL SPORTS Group Company, a person who is not a party to these User Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these User Terms but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
Nothing in these User Terms shall be construed as creating a partnership, joint venture or agency relationship between you and MAMIL SPORTS. If MAMIL SPORTS or any contractor of MAMIL SPORTS is unable to perform any obligation under these User Terms because of a matter beyond its reasonable control, including (but not limited to) fire, flood, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or other disasters or governmental laws and regulations imposed after the fact, or events beyond the reasonable control of MAMIL SPORTS or the MAMIL SPORTS contractor, neither MAMIL SPORTS nor any MAMIL SPORTS contractor will have any liability for that failure to perform.
No waiver by MAMIL SPORTS of a breach of any provision of these User Terms shall be considered to be a waiver of any prior or subsequent breach of the same or any other provisions and no waiver shall be implied by “MAMIL SPORTS taking or failing to take any other action.
Your use of the Internet is solely at your risk and subject to all applicable laws, and MAMIL SPORTS has no responsibility for any information, software, services or other materials accessed or obtained by you using the Internet.
Unless otherwise specified on the Website, the Material available on the Website is directed solely at those who access the Website from the United Kingdom. MAMIL SPORTS makes no representation that any Material is appropriate for use elsewhere, or available in any other locations. Those who choose to access the Website from any other location are solely responsible for compliance with local laws and regulations if, and to the extent, that they are applicable.
These User Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales and are subject to the exclusive jurisdiction of the courts of England and Wales in relation to all matters arising out of or in connection with these User Terms (including non-contractual disputes or claims), although we reserve the right to bring proceedings against you for breach of these User Terms in your country of residence or any other relevant country.
© TEJI PARTNERS LTD trading as “MAMIL SPORTS”. 2015 All rights reserved.