THE DERBY COUNTY FOOTBALL CLUB LIMITED

TERMS AND CONDITIONS OF SALE

IMPORTANT LEGAL NOTICE

This page (together with the documents referred to on it) sets out the terms and conditions (conditions) upon which we supply any of the goods (goods) listed on the Club’s web shop to consumers. 

Please read these conditions carefully before ordering any goods from the web shop. 
In ordering any goods from the web shop “you” as the consumer purchasing goods agree to be bound by these conditions.

Please click on the button marked “I agree” at the end of these conditions if you accept them.  Please understand that if you refuse to accept the conditions, you will not be able to order any goods from the website and you must proceed to leave the Club’s web shop immediately.

You should print a copy of these conditions for future reference.

1 Information about us http://shop.wearederby.com OR www.wearederby.co.uk (website) is a site operated by The Derby County Football Club Limited. 
We are registered in England and Wales with company number 00049139 and with our registered address at Pride Park Stadium, Pride Park, Derby DE24 8XL. 
Our VAT number is GB 558 639 002.

2 Your status
By placing an order through our website, you warrant that:
2.1 you are legally capable of entering into binding contracts; and
2.2 you are at least 18 years old; and
2.3 you are not impersonating any person or misrepresenting your identity; and
2.4 you are purchasing the goods as a consumer.  If you wish to purchase any goods for business purposes then you should contact us at shopdcfc@dcfc.co.uk.

3 How the contract is formed between you and us
3.1 The contract for the sale of the goods by us to you (contract) will only be formed in accordance with this condition 3.  These conditions apply to the sale by us to you of all and any goods purchased through the website or by telephone and govern each contract to the exclusion of any other terms and conditions introduced or submitted by you.
3.2 How to use the Web Shop
The Club’s web shop comprises various categories for quick navigation.  Select the appropriate category by clicking on the right hand menu, then click on any goods image within the category to see a larger image, full description, price and size/colour options.  Then select the colour, size and quantity of the goods you require.
ADD TO BASKET:  clicking on this button allows you to begin the purchasing process.  The goods will then be placed into your virtual shopping basket and you will return to the first item page ready to continue shopping.
VIEW BASKET: allows you to check or amend the contents of your virtual shopping basket.
CONTINUE TO CHECKOUT:  the first process of this section is to register your details with us.  You only need to do this once as your details are held in our customer database in accordance with our Privacy Policy [INSERT LINK].  Any subsequent purchases will only require your username (or e-mail address) and password to be entered.  You will be requested to enter the delivery details for your order unless they are the same as the billing address. 
CHECKOUT: The checkout screen will confirm those items in your basket ready to be purchased.  You will be invited to review and accept the conditions by ticking the box along side the link to our conditions in order to proceed to place an order.
Once complete click on [BUTTON] to enter a secure environment where you will be asked for credit or debit card information for payment purposes.
3.3 After placing an order through the website and once payment is authorised, you will receive an e-mail from us acknowledging that we have received your order [and comprising a description of the goods, the price of the goods, the delivery costs and your unique order number for reference].  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 (whether through the website or by telephone) are subject to acceptance by us.  We will confirm such acceptance to you by sending you a further email that confirms that the goods have been despatched (the “Despatch Confirmation”) and the contract will only be formed when we send you a Despatch Confirmation.
3.4 The contract will relate only to goods whose despatch we have confirmed in the Despatch Confirmation.  We will not be obliged to supply any other goods which may have been part of your order until the despatch of such goods has been confirmed in a separate Despatch Confirmation.
3.5 You will take responsibility for retaining a copy of any e-mail confirmation received in accordance with condition 3.3 above.

4 Stock availability
Whilst every effort is taken to ensure all items are in supply, occasionally some items may be temporarily out of stock.  Orders can only be accepted subject to availability of the goods in question.  In the unlikely event of an item being unavailable at the time of despatch we will advise you immediately by notice in writing (including by email), offer you alternative goods or colour or refund accordingly.

5 Descriptions, colours and sizes
5.1 Any descriptions or illustrations of the goods do not form part of the contract and any typographical error or omission in any sales literature, price list, e-mail confirmation, invoice or other document or information issued by us are subject to correction without any liability on our part.
5.2 Any advice or recommendation given by us to you as to the storage, application or use of the goods which is not confirmed in writing by us is followed or acted upon entirely at your own risk.
5.3 Whilst every reasonable care has been taken in producing the Club web shop, we cannot guarantee that the colour reproduction is an exact match with the goods sent to you.  Monitors, graphics cards and lighting conditions mean that slight variations may occur.
5.4 Whilst we endeavour to be as accurate as possible, all sizes quoted are approximate.

6 Price and payment
6.1 The price to be paid by you is the price displayed on the website at the time when your order is received by us 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 Despatch Confirmation.
6.2 If we discover an error in the price of the goods ordered by you, we will notify you as soon as possible providing you with the option of either reconfirming the order at the correct price or cancelling the order. If we are unable to contact you for the purposes of this condition 6.2, the order will be deemed cancelled and where you have already made payment for the goods this will be refunded in full.
6.3 We are under no obligation to provide goods to you at an incorrect (lower) price, even after we have issued a Despatch Confirmation if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
6.4 The prices for the goods are inclusive of any value added tax but do not include delivery charges which will be added to the total amount due as set out in our Delivery Guide [INSERT LINK TO GUIDE OR TO CLAUSE 8].
6.5 Payments must be made when you place an order and must be made by credit or debit card.  We accept payment with all major credit and debit cards excluding American Express credit cards, Diners Club charge cards and Visa Electron credit cards.  We will not charge your credit or debit card until we dispatch your order. 

7 Packaging
We will use reasonable endeavours to ensure the goods are appropriately packaged prior to despatch but the packaging of the goods is at our discretion and we have the right to pack all the goods in such manner, and in such quantities as we think fit and we are not obliged to comply with any packaging requests or instructions from you.

8 Delivery
8.1 Unless otherwise agreed, we will deliver the goods to the address provided to us by you at the time of order.  If it is more convenient for you to have goods delivered to a workplace or any other suitable location, please give us this information when you complete your order delivery details.
8.2 UK Delivery
CHARGES: All orders for UK delivery will be subject to an extra delivery charge according to the value of the order as follows:
Orders up to £5.00   £1.00
Orders from £5.01 to £10.00 £2.00 
Orders from £10.01 to £40.00 £3.00
Orders of £40.01 and above £5.00
DELIVERY DATE: Subject to condition 8.5, within the UK goods are guaranteed for delivery via our chosen courier before 1.00pm of the next working day following despatch.  PLEASE NOTE this is following despatch and not from the time of order placement. 
8.3 European Delivery
CHARGES:  All orders for delivery to Europe will be subject to an extra delivery charge according to the value of the order as follows:
Orders up to £30.00   £5.00
Orders from £30.01 to £1000 £10.00
DELIVERY DATE: See delivery date for rest of the World deliveries. 
8.4 Rest of the World Delivery
CHARGES: All orders for delivery to the rest of the World will be subject to an extra delivery charge according to the value of the order as follows:
Orders up to £30.00   £10.00
Orders from £30.01 to £1000 £15.00 
DELIVERY DATE: For all international orders, transit time will vary accordingly to destination; delivery will be made by first class international mail. Subject to condition 8.5, we will use reasonable endeavours to deliver the goods within a reasonable time of your payment, although customers should allow up to 28 days for goods to arrive after despatch from the Club.  The Club cannot be held responsible for delays in transit caused by customs and import procedures.
8.5 Any delivery dates given by us are estimates only. Time of delivery is not of the essence of the contract.
 
9 Risk/title
9.1 The goods will be at your risk from the time of delivery.
9.2 Ownership of the goods will pass to you when we have received payment for the goods from you in full and the goods have been delivered to you.

10 Consumer rights
10.1 Subject to condition 10.4, you are legally entitled to cancel the contract at any time within seven working days beginning on the day after you receive the goods (cooling-off period).  In the event that the contract is cancelled in this way within the cooling-off period you will receive a full refund of the price paid for the goods in accordance with our returns and refund policy set out in condition 12.
10.2 In order to exercise your right of cancellation you must provide us with written notice by email of your cancellation within the cooling-off period.  The goods must then be immediately returned to us in accordance with condition 12.2.
10.3 You have a legal obligation to take reasonable care of the goods while they are in your possession.  We would request that you do not remove hygiene seals on our pierced earrings.  If you fail to do so, we may have a right of action against you for compensation. 
10.4 You will not have any right to cancel a contract for the supply of:
10.4.1 any goods which are personalised or made for your specification in any way;
10.4.2 any foodstuffs and confectionery; and
10.4.3 any DVDs if the packaging is unsealed.

11 Liability
11.1 If the goods we deliver are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 14 days of the delivery of the goods in question.
11.2 If you do not receive goods ordered by you within 28 days of the date on which you ordered them, you must notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
11.3 If you notify a problem to us under this condition, our only obligation will be, at your option:
11.3.1 to make good any accepted shortage or non-delivery;
11.3.2 to replace or repair any goods that are damaged or defective; or
11.3.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
11.4 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 this condition 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 in question under condition 11.3.3 above.
11.5 Nothing in these conditions is intended to limit any rights you might have as a consumer under applicable local law 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 or fraud.

12 Returns and refunds policy
12.1 In the event that you return goods to us:
12.1.1 because you have cancelled the contract within the cooling-off period (under condition 10.1), we will process the refund due to you as soon as possible and, in any case, within 14 days of the day you gave notice of cancellation.  In such circumstances we will refund the price of the goods in full, including the cost of sending the goods to you.  However, you will be responsible for the cost of returning the goods to us; or
12.1.2 for any other reason (under condition 11, for instance, because you claim that the goods are defective or do not conform to their description) we will examine the returned goods and will notify you of the results of such examination within a reasonable period of time.  In the event that the goods are found to have been defective then we will offer to repair or replace the goods, or reduce or refund the price the goods [(at your option)].  We will usually process any refund due to you as soon as possible and, in any case, within 30 days of the confirmation to you that you are entitled to a refund for the defective goods.  Goods 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.
12.2 We request that the goods are returned to us with their original packaging, in the same condition in which you received them together with a Goods Return Form [which will be included in your parcel and can be downloaded from our web shop [insert link?]] completed by you.
12.3 We will refund any money received from you using the same method originally used by you to pay for the goods.  Credits for returned goods can only be processed back to the original card used for payment.

13 Import duty
13.1 If you order goods from our site for delivery outside the UK, 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 do not have control over these charges and cannot predict their amount.  Please contact your local customs office for further information before placing your order.
13.2 Please also note that you must comply with all applicable laws and regulations of the country for which the goods are destined.  We will not be liable for any breach by you of any such laws.

14 Complaints policy
14.1 We are committed to providing a quality service to you and value your views, opinions and feedback on any goods which have been supplied to you or the service which we have provided to you.  If we have not performed any of our duties to a satisfactory standard please contact us and we shall endeavour to put right any problems. 
14.2 If the complaint relates to the quality or specification of goods please refer to our refund policy at condition 12.  For any other complaints, queries or to provide us with feedback, please contact us at [shopdcfc@dcfc.co.uk].  We shall endeavour to contact you within [INSERT NUMBER OF DAYS] working days of receiving your email and shall work closely with you in trying to resolve any problems fairly and quickly and to ensure that both our goods and the services which we have provided to you are to your satisfaction.

15 Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using the website, 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 the website. For contractual purposes, you agree to this electronic means of communication and acknowledge that all contracts, notices, information and other communications that you provide to us electronically comply with any legal requirement that such communications be in writing. The provisions set out in this condition do not affect your statutory rights.

16 Notices
All notices given by you to us must be sent either by e-mail to [shopdcfc@dcfc.co.uk] or by post at the address set out in condition 19.  We may give notice to you at either the e-mail address or postal address you provide to us when placing an order, or in any of the ways specified in condition 15 above. Notice will be deemed received and properly served immediately when posted on the website, 24 hours after an email is sent, or three days after that 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.

17 Our right to vary these terms and conditions
17.1 We have the right to revise and amend these terms and conditions from time to time 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.
17.2 You will be subject to the policies and terms and conditions in force at the time that you order goods from us, unless any change to those polices 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 Despatch 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 goods).

18 General
18.1 We may assign the contract or any part of it to any person, firm or company. You may not be entitled to assign the contract or any part of it without our prior written consent.
18.2 We may defer the date of delivery or cancel the contract or reduce the volume of the goods ordered by you (without liability) if we are prevented from or delayed in the carrying on of our business due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.
18.3 If any provision of the contract or these terms are found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable (including any provision in which we exclude our liability to you) it will to that extent be severed and the remaining provisions of the contract or these conditions and the remainder of such provision shall continue in full force and effect.
18.4 Failure or delay by us in enforcing or partially enforcing any provision of the contract shall not be construed as a waiver of any of our rights under the contract.
18.5 Any waiver by us of any breach of, or any default under, any provision of the contract by you shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the contract.
18.6 No term of the contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
18.7 These conditions, together with our current website prices, delivery details, contract details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us.  Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us.  Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
18.8 The formation, existence, construction, performance, validity and all aspects of the contract (including non-contractual disputes or claims) shall be governed by English law and any disputes shall be resolved exclusively in the English Courts.

19 Contact details
Should you wish to contact us regarding your purchase of goods or these terms and conditions, please contact us at [shopdcfc@dcfc.co.uk] or The Derby County Football Club Limited, Pride Park Stadium, Pride Park, Derby DE24 8XL.  Alternatively, you can telephone us on 01332 667547 (international no. +44 1332 667547).