These Terms & Conditions set out the basis on which you can visit and use our website. Please ensure that you read these terms and conditions carefully as your use in any way of our website and services constitutes your agreement to all terms, conditions, and notices contained or referenced herein.
These Terms & Conditions set out the basis on which you can visit and use our website. Please ensure that you read these terms and conditions carefully as your use in any way of our website and services constitutes your agreement to all terms, conditions, and notices contained or referenced herein. If you have any queries relating to our terms and conditions, please contact our Customer Service team before placing an order.
1.1 This website www.monster-sports.com [“Site”] is operated by Monster Sports [“we/our/us/MS”].
1.2 Users of this Site are referred to as [“you/your/customer”].
1.3 The terms contained in this document [Trading Terms] apply to all transactions for the purchase of products from the Site. Please read these Trading Terms carefully before ordering from the Site. By ordering any products from the Site you are indicating your acceptance to be bound by these Trading Terms. They form a legal agreement between you and us and can only be amended with our consent. You can print a copy of these Trading Terms by selecting the print option from the “File” menu of your browser.
1.5 We reserve the right to change these Trading Terms from time to time without prior notice by changing them on the Site, provided that any such change will not affect any purchases you have made before the change is implemented.
2.1 You may place an order to purchase a product advertised for sale on the Site by following the onscreen prompts after clicking on the item you are interested in. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order by clicking the “Pay now” button on the payment and delivery page.
2.2 All orders placed by you are subject to acceptance by us. We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances.
2.3 After submitting an order to us online, you will be sent an order acknowledgement email with your order reference and details of the products you have ordered. Please note, this email is an acknowledgement and is not an acceptance of your order.
2.4 If you have requested Express delivery and your order includes products which are not available from stock we will send you the items ordered which are available and in stock and advise you with a note included with your delivery which items are out of stock and will be refunded. If you have requested Standard delivery we will contact you by email or by telephone to ask you how you wish to proceed. You will have the option to receive your order excluding the products not available, or cancel your order. If we are unable to obtain your instructions within 2 days of our first attempt to contact you, we will deliver your order excluding the products not available and advise you by email that we have done so.
2.5 Acceptance of your order and the formation of a contract between us will take place when we send you an email confirming that the products you have ordered are being despatched to you, unless we have notified you that we do not accept your order or you have already cancelled it in accordance with the provisions below [see Cancellations and Returns].
3. PRICES & PAYMENT
3.1 The prices of products advertised for sale on the Site are as set out on the Site. All prices are in pounds [£] sterling, inclusive of VAT, but exclude international delivery charges. Delivery charges, where applicable, are set out in ‘Shipping’ page. Where applicable, delivery charges will be automatically calculated and added to your order before you are prompted to pay for it. Prices and delivery charges displayed are valid and effective only in the United Kingdom.
3.2 Prices may change at any time prior to [but not after] acceptance of your order.
3.3 We cannot accept your order until you have paid for it in full. Payment can be made by PayPal and most major credit or debit cards, by completing the relevant details on the checkout page, although for certain age-restricted products only a credit card may be used. We do not accept credit/debit cards where the address registered with the card issuer for the statement is outside the United Kingdom. To help prevent fraud, when you place your first order with us we will only deliver to the same address as the billing address which must be the same as the statement address for the credit/debit card used for payment.
3.4 By using a credit/debit card to pay for your order, you confirm that the card being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for non-delivery. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
3.5 In the unlikely event that the price of an item has been incorrectly advertised on the Site, we will contact you by email or telephone to ask whether you wish to proceed with the order at the correct price. If you are not happy to proceed, or we are unable to obtain your instructions, we will cancel the order. Unless we have already confirmed despatch of your order, we will not be obliged to supply products at the incorrect price.
4.1 Subject to availability, we will use all reasonable endeavours to deliver the products you have ordered within the time stated for the delivery service you have selected after your order is accepted by us. An estimated delivery time for your order will be displayed on the payment and delivery page before you place your order. Please note that certain products which are not available from stock have a delivery time which may be longer than 30 days from the date an order is placed. Where that is the case, it will be made clear on the payment and delivery page before you place your order. We will usually deliver all products comprised in your order in one delivery. For deliveries to home the confirmation of despatch email will contain an estimated delivery date for your order, an order tracking number and a link to the website of our nominated courier to enable you to track the status of your delivery. For further information please view our ‘Shipping’ and ‘Returns’ page.
Delivery Areas Covered
- Delivery can only be made to UK addresses excluding P.O. Boxes
- British Forces Post Offices [BFPO]
- The Channel Islands [GY, JE] and the Republic of Ireland
- International addresses
We reserve the right to change the areas to which we deliver without prior notice.
Delivery Charges & Arrangements
4.2 We offer Free Delivery on all consignments delivered to UK mainland destinations regardless of how big or small your order. Standard and Express delivery services are distributed through two shipping carriers: Royal Mail and Parcelforce.
4.3 We cannot deliver items within the same order to multiple addresses. If this is required a separate order for each address must be placed. A separate delivery charge will be made for each address where applicable.
4.4 Deliveries are made Monday to Friday [excluding bank and public holidays]. The precise timing of a delivery cannot be specified. Deliveries require a signature to confirm receipt.
4.5 Deliveries will be made to your door. Once delivered, the products ordered will become your property [provided they have been paid for in full] and your responsibility and, except in relation to products that are damaged or faulty when delivered or have been incorrectly delivered, we will not accept any liability for their loss, damage or destruction after they have been delivered.
4.6 A collection service is available only for customers in UK mainland.
What happens if I am not at home?
4.7 In order to make sure you receive your goods as soon as possible, if you are not at home when we try to deliver we might leave your parcel with one of your neighbours. If we do this we will leave a card stating where the parcel has been left. In case we can not reach you or your neighbours to receive your parcel we will leave a card in your letterbox to notify you that we tried to deliver your parcel. Please follow the instructions on the card to schedule a delivery day. You will find the contact details on the card.
5. CANCELLATIONS & RETURNS
5.1 Under the Distance Selling Regulations, UK consumers have the legal right to cancel their order [or any part of it] at any stage before the products are delivered to you, and up to 7 working days afterwards by notifying us, giving us your full name, address and order reference [which can be found on your order acknowledgement email or on the invoice that will have been included in the package in which your order was delivered]. If the product(s) have been dispatched to you and we are unable to stop the delivery, you can refuse to sign for the delivery so that the product(s) are returned to us and we will refund in accordance with our refund policy. If we do not receive the cancelled items back, we may arrange to collect them from you at your cost. Alternatively, you can cancel without first contacting us by returning the products, in accordance with the provisions below [see section 5.4], within 28 days of delivery. You do not need to give any reason for cancelling your order, but a brief explanation will help us improve the service we offer to customers in the future.
5.2 You may not cancel your order if:
- · The product(s) have been customised or made to your own specifications; or
5.3 If you cancel your order, any sum debited by us from your credit/debit card will be refunded in full to the same card.
5.4 Where you decide to cancel an order after you have the products, you will be under a duty to return them to us, at your own risk. Until such time as they are returned, you must retain possession of the products and take reasonable care of them. You should return the products to us unused [except to the extent reasonably necessary to examine them] and together with the original product packaging, by one of the following means:
Returns by Post
5.5 You should email our Customer Service Team on [email protected] giving your name, address and the reference number from the invoice that you will have received by email. Please also state which products you want to return and help us improving our service by telling us the reason for your return. Please pack your product carefully, preferably in the original box with the original packaging. If this is not possible, please pack to equivalent standards to ensure the safe transit of the goods. Please also include the returns form that has been included in the package in which your order was delivered.
6. FAULTY PRODUCTS
6.1 If any product you purchase is damaged or faulty when delivered to you we may offer a repair, exchange or refund as appropriate, in accordance with your legal rights. If you believe a product is faulty, you should notify us and return the product in accordance with the provisions above [see section 5.4].
6.2 Our policy on faulty products does not affect your legal rights.
7. PRODUCT INFORMATION
7.1 We have taken reasonable steps to display as accurately as possible the colours and other detailing of our products in the images that appear on the Site. However, as the actual colours and detailing you see onscreen will depend on your monitor, we cannot guarantee that your monitor’s display of any colour or other detailing will exactly reflect the colour or detailing of the product upon delivery.
8.1 We understand that you may have concerns about security on the internet. This Site uses a secure server that implements secure sockets layer [SSL] technology in our online ordering process to protect your personal information.
8.2 When you proceed to the checkout, before you are prompted to complete your billing and delivery address, your browser will go into secure mode. Data relating to your order and your personal details will all pass to our server in an encrypted format. As soon as you have finished ordering you will exit secure mode. As an additional protection for you, our system is designed so that you cannot place an order until you are safely within secure mode.
8.3 All credit/debit payment transactions will be processed on our behalf by Secure Trading [for further information visit www.securetrading.com] or PayPal [www.paypal.co.uk]. This means that your credit/debit card details are provided directly to Secure Trading or PayPal and are never revealed to us. Secure Trading and PayPal operate a secure server to process your payment details. Secure Trading and PayPal encrypt your credit/debit card information and authorise payment.
8.4 We recommend that you do not communicate your payment card details to anyone, including us, by email. We cannot be responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility.
9.1 We will not be liable to you where performance of any of our obligations is prevented or restricted by any circumstance or cause beyond our reasonable control.
9.2 You are responsible for the use you make of the products you order. To the extent not prohibited by law, we accept no liability for any loss which is not reasonably foreseeable or for any business loss [which includes loss of profits, contracts, goodwill, opportunity and other similar losses].
9.3 We accept liability for death or personal injury caused by our negligence and responsibility for fraudulent misrepresentation and any other liability that cannot, under English law, be excluded.
9.4 Nothing in this section or elsewhere in our Trading Terms affects your statutory legal rights.
10.1 You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
11.1 All rights, including copyright, in this website pages are owned or controlled by Monster Sports. You may not modify, distribute or re-post anything on this website for any purpose. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the prior written permission of Monster Sports.
12. LAW & JURISDICTION
12.1 Any formal legal notices should be sent to us at the address at the end of these Trading Terms by email and confirmed by post.
12.2 Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Trading Terms.
12.3 If any part of these Trading Terms is found to be unenforceable as a matter of law, all other parts of these Trading Terms shall be unaffected and shall remain in force.
12.4 You and we agree that English law applies to these Trading Terms and that any dispute between us arising out of or in connection with these Trading Terms will only be dealt with by the English courts, unless you are resident in another part of the United Kingdom, in which case the applicable law of that part of the United Kingdom will apply and any dispute will be brought before the courts there. We are required by law to inform you that purchases can be concluded in English only and that no public filing requirements apply.
12.5 This website, any content contained herein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English Law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
12.6 These terms and conditions do not affect your legal rights.