UK/EU/EEA Terms & Conditions of Sale

1. ABOUT US AND THESE TERMS

1.1 These are the terms and conditions that apply when you order any goods or products from www.sparxhockey.eu (“Website"). When you place an order on our Website you will be asked to agree to these terms in their entirety. This will be the version of the terms that will apply to your purchase. Please read these terms carefully before you submit your order to us.

1.2 The Website is owned and operated by Velasa Sports, Inc., a company registered in the United States whose registered office is at 30 Sudbury Road, Acton, Massachusetts trading as "Sparx".

1.3 These terms tell you who we are, about our Website, how you may order our products, how you and we may change or end the contract, what to do if there is a problem and other important information. Our general Website Terms of Use (the terms on which we make our Website available) can be found at https://sparxhockey.eu/pages/terms-conditions.

1.4 If you need further information about these terms or any order you have placed through our Website, you can contact us by email at help@sparxhockey.com.

2. OUR WEBSITE

2.1 We operate the Website as a platform for you to purchase specific goods from us and to find out more about our products.

3. OPENING AN ACCOUNT AND PLACING AN ORDER ON THE WEBSITE

3.1 Before you can place an order with us, you may choose to register as a user of our Website and create an account with us. The registration process will require you to provide some mandatory personal information including your contact details. You may also create a password or other secure login method. You must keep these details secret and secure. We reserve the right to reject any application to register on our Website.

3.2 Ordering with us: The following steps will be followed to complete an order through our Website:

1. The shopping pages on the Website will guide you through the steps you need to take to place an order. The order process allows you to check and amend any errors before submitting your order. Please take the time to read and check your order at each page of the order process. You are responsible for ensuring the details of your order are complete and accurate.
2. During the order process, you will be required to select whether you are purchasing products for team or commercial use.
3. You will be directed to a third party payment services provider to deal with your payment.
4. You will receive an acknowledgment from us of your order details and your order number. and a copy of these Terms.
5. You will receive a confirmation from us that your order has been dispatched.
6. Acceptance of your order occurs when we confirm that your order has been dispatched. It is only at this point that a contract comes into existence.

3.3 If for any reason we are unable to fulfil your order, your order will not be processed and we will inform you of this by email. If you have already paid for your order, we will arrange a refund of the full amount as soon as possible.

3.4 Your account information will be used by us to supply the goods to you. If you give us incomplete or incorrect information, we may end the contract (and clause 9.2 will apply). 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. You confirm that all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times. You can update or correct your details at any time by going to your Account.

3.5 We will assign an order number to your order and tell you what it is when we acknowledge your order. It will help us and our Partners if you can provide your order number whenever you contact us about your order.

3.6 Orders may not be placed by anyone under the age of 18.

3.7 The language of your contract is English. We may make a translated version of these Terms available to you, but if there is any dispute, then the English language version will apply.

4. PRICE AND PAYMENT

4.1 The price of the product (which includes VAT if applicable) will be the price indicated on the order pages when you placed your order. We do our best to check and ensure the prices quoted on the Website are correct, however please see clause 4.3 for what happens if we discover an error in the price of the product you order.

4.2 If the rate of VAT changes between your order date and the date we supply the product, the rate of VAT that you pay will be adjusted, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

4.3 Our site contains a range of products. It is possible that, despite reasonable efforts, some of the products may be incorrectly priced. If we discover an error in the price of the products you have ordered, we will attempt to inform you of this error and give you the option of continuing to purchase the products at the correct price or cancelling your order. The order will not be processed until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, the order will be treated as cancelled and we will notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we do not have to provide the products at the incorrect (lower) price and the contract may be cancelled.

4.4 Payments are made through and dealt with by Shopify, Inc., our third party payment provider. For further details regarding their payment process please see https://www.shopify.com/legal/eu-terms

4.5 All orders must be paid for in full at the time when you place the order.

5. DELIVERY OF PRODUCTS AND CUSTOMS

5.1 All products ordered will be delivered to the shipping address you provide.

5.2 Unless otherwise stated on our website, delivery estimates are not guaranteed delivery times and should not be relied upon as such.

5.3 Deliveries may be subject to import duties and taxes which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you.

5.4 You acknowledge that customs policies vary from country to country and agree that you may be considered to be the importer of record that you and must comply with all laws and regulations of the jurisdiction in which you are receiving your order (or through which it may reasonably be required to transit).

6. CHANGES TO ORDERS

6.1 Your rights to make changes: If you need to make a change to your order, you will need to contact us at help@sparxhockey.com.

6.2 We may make minor changes to your order if an item is unavailable. If these changes are minor, and do not affect the whole order, we will notify you of these changes on dispatch of the goods.

6.3 Changes may also be made where you are unable to provide proof your age in accordance with clause 12.

7. YOUR RIGHTS TO CANCEL THE ORDER

7.1 You can cancel your order up until the order has been accepted by us and you receive an email confirming dispatch of the goods.

7.2 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, our performance and when you decide to end the contract.

1. 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 to get some or all of your money back), see clause 10.
2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.3.
3. If you have just changed your mind about the product, see clause 7.4. You may be able to get a refund if you are within the cooling-off period. You should note that this does not apply to: (i) products that are goods that are made to your specifications or are clearly personalised; or (ii) anything you have unsealed which is not suitable for return due to health protection or hygiene reasons. Other refunds may be subject to deductions and you will have to pay the costs of return of any goods.
4. In all other cases (if we are not at fault and there is no right to change your mind), you will not have the right to a refund, however on an exceptional basis, we may provide you with a refund if they are able to restock or resell your goods.

7.3 If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

1. we have told you about an upcoming change to the product or these terms which you do not agree to;
2. 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;
3. there is a risk that supply of the products may be significantly delayed because of events outside our control; or
4. you have a legal right to end the contract because of something we have done wrong.

7.4 For most products bought online you have a legal right to change your mind within 14 days from the date of delivery and receive a refund. These statutory rights are explained in more detail in these terms.

8. HOW TO END THE CONTRACT

8.1 If you wish to cancel your order, please do so as follows:

1. If you wish to cancel the order after you have received the confirmation email, you need to contact us directly using the contact details in the confirmation email.

8.2 To contact us, please email us at help@sparxhockey.com. Please provide your name, order number, details of the order and, where available, your phone number and email address.

8.3 If you end the contract for any reason after products have been delivered, you must return them directly to us. Please contact us to arrange a return.

8.4 Returns: If you have the right to return the goods because you changed your mind, please contact Customer Service at help@sparxhockey.com to receive a return merchandise authorization number ("RMA") and shipping instructions. You must arrange for the return to happen within 14 days (with prominent indication of the RMA) to Velasa Sports (or as otherwise provided in our shipping instructions). We will pay the costs of return if the products are faulty or misdescribed or 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.

8.5 Refunds. You agree that we may refund you on your card regardless of the method of payment you used to make the initial payment method.

8.6 If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) 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 an appropriate amount.

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:

1. you do not provide us with the information or accurate information that is necessary for the goods to be provided to you;
2. you fail to make an authorised payment for goods; or
3. we are unable to deliver the goods despite making reasonable attempts to do so.

9.2 If we end the contract in the situations set out above you will be refunded any money you have paid in advance for products which have not been provided but deductions or charges may be made for reasonable compensation for the net costs incurred as a result of you breaking the contract.

10. YOUR RIGHTS FOR DEFECTIVE GOODS

10.1 You have certain rights as a consumer, including statutory rights relating to faulty or misdescribed goods.

10.2 Consumer regulations say that our products must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of the goods your legal rights entitle you to the following (the time periods below will be shorter for perishable goods):

1. Up to 30 days: if the products are faulty, then you can get an immediate refund.
2. Up to six months: if the products cannot be repaired or replaced, then you’re entitled to a full refund, in most cases.
3. Up to six years: if the products do not last a reasonable length of time you may be entitled to some money back.

10.3 For certain products, we may provide enhanced warranty cover. The terms on which we offer enhanced warranty cover will be provided to you as part of the order process for those products.

11. OUR PRODUCTS

11.1 All items on our Website are subject to availability. We will inform you as soon as possible if the product(s) you have ordered are not available. Our Partners may provide you with substitute alternative products of equal or greater quality and value. However, where this is the case, you will always have the right to accept or refuse any products that are substituted.

11.2 We try our best to be as accurate as possible in the descriptions of products on the Website, but it is possible there may be slight differences when you receive the products. The images of the products on our website are for illustrative purposes only.

11.3 By law, any goods supplied must comply with these terms. You have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is (in the UK) available from your local Citizens’ Advice Bureau or Trading Standards office and their equivalents in other relevant jurisdictions. Nothing in these terms will affect these legal rights.

12. AGE RESTRICTED PRODUCTS

12.1 Some of the goods on our Website may be subject to age requirements specified by the law. If your order contains any of these items, you will be asked to provide proof of your age on receipt of your order. If you are unable to provide proof, we reserve the right to amend your order to remove the restricted items.

13. DATA PROTECTION

13.1 We will only use your personal information as set out in our Privacy Policy

14. COMPLIANTS

14.1 If your complaint is about a product, our Website or anything else, please contact us at help@sparxhockey.com.

15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER

15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. In any event we will not be liable for any losses that you could have avoided by taking reasonable action (for example, damage which you could have avoided by following the guidance we provide with the product) or that are related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption.

15.2 There are certain liabilities which cannot be excluded by applicable law and nothing in these terms limits our liability where it is unlawful to do so.

16. OTHER IMPORTANT TERMS

16.1 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

16.2 The contract for the purchase of the goods is between you and us. No other person shall have any rights to enforce any of its terms

16.3 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.

16.4 Even if we delay enforcing this contract, it can still be enforced 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.

16.5 If you are a consumer, these terms are governed by English law and we both agree that the courts of England and Wales will have exclusive jurisdiction save that

1. if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland and if you are resident of Scotland, you may also bring proceedings in Scotland; and
2. if you are a resident of a member state of European Economic Area (your "home jurisdiction") you may, to the extent required under applicable law, also bring proceedings in connection with these terms under the laws and in the courts of your home jurisdiction (to whose jurisdiction we agree).

16.6 If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

16.7 As applicable given your home jurisdiction, the EU Commission for Consumers has created a platform for dispute resolution, which is available at http://ec.europa.eu/consumers/odr/.