TERMS & CONDITIONS – RACKETS TRADER owned by Second Hand Rackets
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Rackets Trader a company owned by Second Hand Rackets Ltd, a company registered in England and Wales. Our company registration number is 11348023 and our registered office is at 1 Park Road, Hampton Wick, Kingston upon Thames, KT1 4AS. Rackets Trader is a trading name owned by Second Hand Rackets Ltd.
2.2 How to contact us. You can contact us by writing to us at firstname.lastname@example.org
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. Although we have made every effort to display the colours and condition accurately, we cannot guarantee that a device's display of the colours and condition accurately reflects the colour and condition of the products. Your product may vary slightly from those images.
5. OUR RIGHTS TO MAKE CHANGES
5.1 Minor changes to the products. We may change the product to reflect changes in relevant laws and regulatory requirements.
5.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make the following changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
6. PROVIDING THE PRODUCTS
6.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
6.2 When we will provide the products. During the order process we will let you know when we will provide the products to you. We will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
6.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, your tracking details will inform you of the options available.
6.5 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
6.6 When you become responsible for the goods. The goods will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.
6.7 When you own goods. You own the product once we have received payment in full.
6.8 What will happen if you do not give required information to us. We may need additional information from you so that we can supply the products to you. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.9 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
a. Deal with technical problems or make minor technical changes;
b. Update the product to reflect changes in relevant laws and regulatory requirements.
6.10 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to, we may suspend supply of the products until you have paid us the outstanding amounts.
7. YOUR RIGHTS TO END THE CONTRACT
7.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
a. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back);
b. If you have just changed your mind about the product, you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions (for example, if the item is not in the same condition as you received it) and you will have to pay the costs of return of any goods;
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
a. We have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
b. There is a risk that supply of the products may be significantly delayed because of events outside our control;
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
a. Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
b. Any products which become mixed inseparably with other items after their delivery.
c. We reserve the right to reduce the refund if the condition of the item has worsened noticeably.
7.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered. You have 14 days after the day you receive the goods, unless:
i. Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you receive the last delivery to change your mind about the goods.
ii. Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you receive the first delivery of the goods.
8. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
a. Email us at email@example.com Please provide your name, home address, details of the order and, where available, your phone number and email address.
b. By post. Print off the cancellation form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
8.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must return the goods in person to where you bought them, post them back to us at Second Hand Rackets Ltd, 1 Park Road, Hampton Wick, Kingston upon Thames, KT1 4AS or (if they are not suitable for posting) allow us to collect them from you. Please email us at firstname.lastname@example.org to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
8.3 When we will pay the costs of return. We will pay the costs of return:
a. If the products are faulty or misdescribed; or
b. If you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
8.4 In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
8.5 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery, which is detailed on the website.
8.6 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
8.7 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
a. We may reduce your refund of the price to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
b. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within [3-5] days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
8.8 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
a. If we have not offered to collect the goods, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
b. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
a. You do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
b. You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
c. You do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out, we will refund any money you have paid in advance for products we have not provided but we may deduct reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10. IF THERE IS A PROBLEM WITH THE PRODUCT
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at email@example.com
10.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says our goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
- up to 30 days: if your goods are faulty, then you can get an immediate refund
- up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
- up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
10.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email us at firstname.lastname@example.org to arrange collection.
11.1 Where to find the price for the product. The price of the product (which includes VAT where appropriate) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 11.2 for what happens if we discover an error in the price of the product you order.
11.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. Second Hand Rackets reserves the right to adjust price accordingly before shipping out. We will always contact you first for approval in such circumstances. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
11.3 When you must pay and how you must pay. We accept payment with both credit and debit cards and Paypal. You must pay for the products before we dispatch them.
12. HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1 How we will use your personal information. We will use the personal information you provide to us:
a. To supply the products to you;
b. To process your payment for the products; and
c. If you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
12.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
13. OTHER IMPORTANT TERMS
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
13.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our guarantee to a person who has acquired the product.
13.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
13.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.