Kinetica Sports Ltd
This page (together with the documents referred to on it) tells you the terms and conditions ("Conditions") on which we supply any of the products ("Products") listed on our website www.KineticaSports.com (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference. These Conditions shall apply to all sales of Products, including any instalment of Products, entered into between Kinetica Sports Limited (the “Seller”) and the purchaser of the Products ("you" or the “Buyer”) to the exclusion of all other terms and conditions. No variation or purported variation, whether before or after the making of the Contract, shall have any effect in connection with the sale and purchase of Products unless expressly agreed to in writing by the Seller. Subject as expressly provided in these Conditions, and except where the Products are sold to a person dealing as a consumer, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. Where the Products are sold to you under a consumer transaction, the statutory rights of the Buyer are not affected by these Conditions. Words and expressions defined in the Sale of Goods Acts, 1893 and 1980 shall, when used in these Conditions, save where the context otherwise requires, bear the same meanings as therein. Any reference to any law or a statutory enactment or provision shall be construed as a reference to any such law or statutory enactment or provision as it may be amended or extended from time to time.
Information About Us
www.KineticSports.com is a site operated by Kinetica Sports Limited (the "Seller" "we" or "us"). We are registered in Ireland under company number 387370 and with our registered office at Ballineen, Co. Cork. Our VAT number is IE 9Z07105K.
Our site is only intended for use by people resident in the Republic of Ireland and Northern Ireland, UK and other territories.
We do not sell products for purchase by children. If you are under 18, you may only purchaser the Products with the involvement of an adult. By placing an order through our site, you warrant that: You are legally capable of entering into binding contracts You are at least 18 years old; You are resident in one of the Serviced Countries; You are accessing our site from that country.
How the Contract is formed between You and Us
After placing an order, you will receive an e-mail 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 a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the "Dispatch Confirmation"). The contract between us ("Contract") will only be formed when we send you the Dispatch Confirmation. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation. As we process your order, we will inform you if any Products you order turn out to be unavailable.
We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
If you are contracting as a consumer, you have a legal right to cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in Clause 10 below). To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. If you are a consumer this provision does not affect your statutory rights.
Risk of Loss or Damage and Title
The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges. Notwithstanding that the property in the Products may not have passed to the Buyer, the Buyer shall carry all risk of loss of and damage to the Products as follows: in the case of Products to be delivered at the Seller’s premises, at the time when the Seller notifies the Buyer that the Products are available for collection; in the case of Products to be delivered other than at the Seller’s premises: at the time when the Products are delivered to a carrier for transmission to the Buyer; or at the time of the prior delivery of the Products to the stipulated place of delivery; or if the Buyer wrongfully fails to take delivery of the Products, the time when the Seller has tendered delivery of the Products, any of which events shall constitute delivery to the Buyer, and Section 32(2) and (3) of the Sale of Goods Act, 1893 shall not apply.
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within [30 days] OR [a reasonable time] of the date of the Dispatch Confirmation, unless there are exceptional circumstances. Any times quoted for delivery are estimates only and the Seller shall not be liable for failure to deliver within the time quoted however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Seller in writing. The Products may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer. If the Products are not received by the Buyer within six days from the specified delivery date, the carrier and the Seller must at once be informed. The Seller shall be entitled to make partial deliveries or deliveries by instalments and the Conditions shall apply to each such partial delivery or delivery by instalment. Any claim by the Buyer in respect of one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated or to reject the entirety of the Products. Deviations in quantity of the Products (representing not more than 10 per cent in value) from that stated in the Contract shall not give the Buyer any right to treat the Contract as a whole as repudiated nor to reject the Products or to claim damages and the quantity so delivered shall be deemed to be the quantity so ordered and the Buyer shall be obliged to accept and pay at the Contract rate for the quantity of the Products delivered. If the Buyer fails to take delivery of the Products or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault), then, without prejudice to any other right or remedy available to the Seller, the Seller may: store the Products until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage and re-delivery; or sell the Products at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract. If the Seller fails to deliver the Products (or any instalment) for any reason other than Force Majeure (as defined in this Contract) or the fault of the Buyer, and the Seller is accordingly liable to the Buyer, the Seller’s liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Products. For delivery charges and teritories, please see Delivery page.
Returns, Remedies For Any Defects Etc
We want you to be satisfied with your purchases. Please let us know If you are not satisfied with our Products and service. In the event that you return a Product to us: because you have cancelled the Contract between us within the seven-day cooling-off period (see Clause 7.1), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us. for any other reason (for instance, because you have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. If you claim that the Product is defective the Seller shall only issue a refund if an examination of such Products by the Seller shall disclose to its reasonable satisfaction that the defect or failure to conform to specifications existed at the time of delivery and that the Products shall not have been affected by misuse, neglect, accident, improper storage, installation or handling or by repair or alteration not affected by the Seller or its agents. If the condition set out in this clause 10.3 is not complied with, the Buyer shall not be entitled to reject the Products and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Products had been delivered in accordance with the Contract. The Seller’s liability for any claim, whether in contract, tort (including negligence) or otherwise, for any loss or damage arising out of or in connection with or resulting from the manufacture, sale, delivery, re-sale, replacement or use of any of the Products shall in no case exceed the price paid by the Buyer to the Seller for the Products which give rise to the claim, plus reasonable vouched expenses of customs, taxes, freight and insurance. In no event shall the Seller be liable for any: costs; loss of profits, or: loss of income or revenue; loss of business; loss of contracts; loss of anticipated savings; loss of data, or waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise , even if foreseeable, special or consequential damages suffered by the Buyer, including without limitation interest charges Nothing contained in this paragraph shall by implication create any liability or obligation on the part of the Seller, or affect or diminish any disclaimer or liability elsewhere contained herein. Except as expressly stated above, all other warranties, conditions and representations, express or implied, statutory or otherwise, in relation to the quality or fitness for any particular purpose of the Products are hereby excluded and the Seller shall not be liable in contract, tort or otherwise for any loss, damage, costs, expense or injury of any kind whatsoever, consequential or otherwise, arising out of or in connection with the Products sold or any defect in them or from any other cause, whether or not any such matter amounts to a fundamental breach of a fundamental term of the Contract. The Seller’s liability under this provision shall be limited to a period of one year from the date of receipt of the Products by the Buyer. The Buyer shall not reject any Products or cancel or purport to cancel the Contract or any part of it because of any alleged default unless the Seller shall have failed to correct such alleged default within thirty days of written notice specifying the default.
Price and Payment
The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide. 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 Confirmation. Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct 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 our site, 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 Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing. Payment for all Products must be by credit or debit card. We accept payment with Discover, Visa, Mastercard, Solo and Maestro debit/credit cards.
If you order Products from our site for delivery outside the Republic of Ireland, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Kinetica Sports Limited at Noticesemail@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
We will only use your personal information in connection with processing any orders you place through this website. We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: Strikes, labour disputes, lock-outs or other industrial action (whether affecting the Seller of any other person). Civil commotion, riot, sabotage, insurrection, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or other acts of God. Impossibility, failure or delay of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. Impossibility of the use of public or private telecommunications networks. Acts of any Government or an agency or sub-division thereof, regulations, acts, restrictions, measures or laws of any kind or, judicial actions. Embargoes, illness, accident, delay in delivery to the Seller or the Seller's suppliers or shortage of labour, fuel, raw materials or machinery or technical failure. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
Assignment, Transfer of Rights and Obligations
The Contract is binding on you and us and on our respective successors and assigns. You shall not assign or transfer or purport to assign or transfer to any other person the Contract or the benefit thereof or the benefit of any condition, warranty or guarantee or other term or condition (express or implied) forming part thereof or relating to the Products. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Clause 14 above.
If any of these Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
Our Right to Vary these Conditions
We have the right to revise and amend these terms and conditions from time to time, including but not limited to reflect, changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
Law and Jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the laws of the Republic of Ireland. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the Irish courts.
Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.