TERMS & CONDITIONS
Terms and Conditions of Sale
Standard Terms & Conditions for Sale of Goods
Definitions
In this document the following words shall have the following meanings:
Price and Payment
Description
Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
Sample
Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is representative in nature and the bulk of the order may differ slightly as a result of the manufacturing process. Colours may vary slightly with some products.
Delivery
Refund Policy
Refunds from Malooka Sports, once authorised by a director, are paid in the same as the Buyer’s original payment. All refund claims must be submitted within 14 working days from order and all goods must be returned within 15 days in the same condition as they were despatched.
When we won’t offer a refund.
We will not offer refunds if the client sends product:
The seller is required to have a valid payment method receipt on file for any reimbursement amounts owed. We will also deduct the reimbursement amount on the seller’s invoice.
Risk
Risk in the Goods shall pass to the Buyer upon receipt of the goods. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first. A collection note must be signed which will also state that you are happy with any loading and therefore take responsibility from there forth.
Title
Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.
Return of Unused Goods
Limitation of Liability
Intellectual Property Rights
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.
Force Majeure
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, piracy, corruption, shipwreck, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.
Relationship of Parties
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
Waiver
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
Severability
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
Governing Law And Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Thank you for choosing Malooka Sports Ltd to purchase your equipment.