Terms and Conditions

Purpose

These terms and conditions are intended to define the rights and obligations of the parties in the sale of goods proposed online by THE MERCHANT for the customer.

Order Confirmation

All contractual information will be confirmed by email to the address specified by the customer during the purchasing act.

Proof of Transaction

The records stored in THE MERCHANT’s computer systems under reasonable safety conditions are considered proof of communications, orders and payments made between the parties.

Purchase orders and invoices are stored on a reliable and durable system and can be produced as evidence.

Product Information

Every effort has been made to ensure the accuracy of the information presented on THE MERCHANT SITE. THE MERCHANT or its suppliers shall not be held liable for the consequences, accidents, or special damages arising from electronic transmissions or the accuracy of transmitted information, even in cases where THE MERCHANT was aware of the possibility of such damages. Manufacturer and brand names are only used for identification purposes. Product photos, descriptions and prices are non-contractual.

Validity Period of Offer and Prices

Our offers and prices are valid for the day the site is consulted and are subject to change without notice.

Delivery Terms

Products are delivered to the address specified by the customer on the purchase order and only to geographic zones that we service.

All products leave our premises in perfect condition. The customer must notify the carrier (or postman) of even the slightest trace of damage (holes, signs of crushing, etc.) to the parcel, and refuse the package if necessary. A new, identical product will then be sent to the customer at no additional charge.

No exchanges can be made at a later time for goods claiming to be damaged during carriage without notification at the time of reception.

As with any shipment, a delay or loss of goods is possible. In such a case, the carrier shall start an investigation. Every effort is made, for as long as necessary, to find the package. If the package is not found, the carrier will reimburse THE MERCHANT, who will deliver a new, identical package to the customer free of charge.

We shall not be held responsible for delayed delivery times due to the carrier, including for the loss of goods, bad weather or strikes.

Loss or Damage in Transit

THE MERCHANT will not be responsible for damage or loss of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered unless the customer gives written or email notice of a claim to THE MERCHANT and the carrier within three (3) business days of delivery.

In the event of damage of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered, the customer must hold the goods and make them available for inspection or collection by THE MERCHANT or its representatives on request.

Delivery Errors

The customer must inform THE MERCHANT immediately (the same day or, at the latest, the first business day following delivery) concerning any claim of delivery error or non-conformity of goods, in kind or in quality, compared with the information on the purchase order.

Any claim made after this time period will be rejected.

All claims must be made in writing and sent to THE MERCHANT ADDRESS.

Any claim that does not respect the rules defined above cannot be taken into account and releases THE MERCHANT of any responsibility to the customer.

In the case of delivery error or exchange, all goods to be exchanged or refunded must be returned to THE MERCHANT in whole, in its original packaging and in perfect condition to THE MERCHANT ADDRESS.

For claims to be accepted, the customer must first make a declaration to THE MERCHANT concerning any returns and receive and THE MERCHANT’s consent. If accepted, the customer will ship the package to THE MERCHANT ADDRESS.

Shipping fees shall be at THE MERCHANT’s expense, except in the case where the goods do not correspond to the original declaration made by the customer concerning the return.

Defective or Incorrect Items

You can always return items if they are defective, not what you ordered, or where the product description we have provided differs in a significant way from the items supplied. If you are returning an item because of an error on our part, or because it is defective, we will be happy to refund the delivery charges incurred in sending the item to you and your costs in returning it to us.

To return an item, please first call the shop to discuss the matter with us. We will ask you to wrap the package securely in its original box, and either send the package back to us, or we will arrange to have it collected

Right to Withdrawal

In accordance with the Distance Selling Regulations 2000, the customer has the right to a cooling off period of seven (7) business days, starting at the time goods are received.  We have a no-quibble guarantee means that if for any reason you are unhappy with your purchase, you can return it to us in its original condition, within 30 days, and we will issue a full refund for the price you paid for the item, less the postage and packing costs. All returns can be indicated beforehand with THE MERCHANT customer service department. All goods must be returned to THE MERCHANT ADDRESS.

The cooling off period and right to cancel do not apply to orders for any goods made or adapted to your specification.

Only complete and unused goods in perfect condition for resale will be accepted. No refunds or exchanges will be made for incomplete, damaged or unsealed goods, including damage to original packaging. The customer can exercise this right to withdrawal without penalty, excepting the return fee for the goods. If the customer exercises the right to withdrawal, they have the option of requesting a full refund or exchange of goods. If an exchange is requested, all shipping expenses shall be the responsibility of the customer.

If the right to withdrawal is exercised, THE MERCHANT will make every effort to refund the customer within 30 days.

Right of Use

The use of any trademarks, logos or brands present on the site is strictly forbidden.

Force Majeure

Neither party will be deemed to be in breach of any of its obligations under the agreement as a result of any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the parties’ control. A force majeure event includes, but is not limited to, any unforeseeable, inevitable, or unstoppable act, event, non-happening, omission or accident beyond the control of either party, despite all reasonable efforts made to the contrary. In addition to events usually recognized by the British courts, a force majeure event includes in particular (without limitation) the following: Strike, lock-out, earthquake, fire, storm, flood, lightning, explosion, impossibility of the use of public or private telecommunications networks.

In such circumstances, the party delayed or unable to perform (“Delayed Party”) shall notify the other party (“Affected Party”) within ten (10) business days following the date such events become known.

Unless prevented due to force majeure, both parties will meet within three months to examine the impact of the event and agree to the conditions under which the contract shall be continued. If the force majeure lasts longer than one (1) month, this agreement may be terminated by the injured party.

Partial Invalidity

These terms and conditions remain valid and in force, even if one or more clauses are invalid or declared so under any law, regulation or following the final decision of a competent court.

Non-Waiver

No failure of either party to exercise any power given to it in these terms and conditions or to insist upon strict compliance by the other party with its obligations hereunder shall constitute a waiver of either party’s right to demand exact compliance with the terms hereof.

Data Protection

All personal data you provide us is used to process your orders. This data will be treated in accordance with the Data Protection principles outlined in the Data Protection Act 1998.   

When you order from the shop you will be asked to provide personal information such as your contact details. You will also be asked to provide personal information if you join the Croquet Association, or register for online access. We will store this data and hold it on a database. We will use this data to fulfil our obligations to you. However, we will not hold any credit or charge card information on a computer.

We may use information that you provide or that is obtained by us for assessment and analysis (e.g. market, customer and product analysis) to enable us to review, develop and improve the services we offer, and to enable us to provide you and other members or customers with relevant information through our marketing programme.

We will not disclose your information to any other third parties without your express permission, except:

1. To satisfy your order where we are using a third party to supply the goods;

2. In confidence to agents who act on our behalf to assist us to provide goods or services;

3. If we have a duty to do so or if the law requires us to do so.

In order that we can monitor and improve the site, we may gather certain information about you when you use it, including details of your domain name and IP address, operating system, browser, version and the web site that you visited prior to our site. Such information is not linked to any of the personal information that you may disclose.

We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data you disclose in e-mail or online. You accept the inherent security risks of providing information and dealing online over the Internet and will not hold us responsible for any breach of security unless this is due to our negligence or wilful default.  Please be aware that our site may link to other web sites and we are not responsible for the data policies or procedures or the content of these linked web sites.

Applicable Law and Competent Jurisdiction

In form and content, these Terms and Conditions shall be governed by and construed in accordance with English law. All orders placed on THE MERCHANT SITE strictly imply the acceptance of THE MERCHANT’s terms and conditions.

In case of dispute or claim, the customer agrees to seek an amicable solution with THE MERCHANT before proceeding with any legal action. In the event where such a solution cannot be found, any disputes concerning the sale (price, Terms and Conditions, products, etc.) will be subject to the exclusive jurisdiction of the English courts.