These are the terms and conditions (“Terms”) for Biteback Sports Limited (“us/we/our”) which apply to all use of our website at www.bitebacksports.com (“Website”) whether as a guest, purchaser of products or registered user. Please read these Terms carefully before you start to use the Website.
We reserve the right to amend these Terms from time to time and will post a message on our homepage along with the new version of the Terms if that happens, or email to alert you to our new terms.
If you do not agree to these Terms, please refrain from using our Website. Your continued use of the Website will be deemed to be acceptance of any new terms.
Biteback Sports Limited is a limited liability company incorporated in Scotland. Our company number is SC454178, and our registered office is at Academy House, Shedden Park Road, Kelso, Roxburghshire, TD5 7AL. Care of: Rennie Welch LLP. Our VAT number is 187 7362 61
All Products shown on our Website are subject to availability. The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
You must comply with the terms of the Agreement as set out in these Terms.
By placing an order you are offering to purchase a Product on and subject to the Terms. All orders are subject to availability and confirmation of the order price.
In order to contract with us you must be over 14 years of age and possess a valid credit or debit card issued by a bank acceptable to us.
We retain the right to refuse any request made by you.
Once you have placed an order on our Website, you will receive an email from us acknowledging that we have received the order. This does not mean the order has been accepted. A contract between us will only be formed once we confirm our acceptance to you by sending you an email confirming the Product has been dispatched.
If a Product is no longer available we will inform you of this by email and your order will not be processed, or if a payment was taken you will be refunded for the full amount.
The email confirming your order will contain our contact details, the Products ordered, the final cost (including VAT and delivery expenses) and delivery and invoice details.
Our order process allows you to check and amend any errors before submitting the order. Please take time to read and check your order at each page of the order process.
When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
Prices for Products (including VAT) are clearly stated on our Website in pounds sterling, along with our delivery charges. Prices for our Products may change from time to time, but price changes will not affect any order which we have confirmed has been dispatched by email. Payment for Products will only be taken once the Product has been dispatched.
While we do our very best to ensure that all prices on our Website are accurate, errors may occasionally occur. If we discover an error in the price of Products you have included in an order we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. We are under no obligation to provide any Products to you at an incorrect price, even after we have sent you an order confirmation and/ or delivered the Products to you, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing. If we are unable to contact you, we will treat the order as cancelled.
If you cancel and you have already paid for the Products, you will receive a full refund.
Payment will be processed by credit card (or similar card) via a trusted third party payment provider. Where your payment is not successful we will contact you and where appropriate suspend access to your Account until payment has been made. We will not be liable for any delay or non delivery of orders if your payment is declined.
We may from time to time offer promotional discount codes, which may apply in respect of any, or certain specified, purchases made though this Website. The conditions of use relating to any discount code will be specified at the time of issue.
Your order will be fulfilled by the estimated delivery date set out in the email confirming the Product has been dispatched. If we are unable to meet this estimated delivery date we will contact you with a revised estimated delivery date.
Delivery will be complete when we deliver the Product to the address you supplied to us in the order process. The Products will be your responsibility from completion of delivery.
We will send all purchases within the UK by Royal Mail Standard Delivery unless otherwise communicated.
Purchases will be shipped by the method most suitable to the destination.
Under the United Kingdom's Distance Selling Regulations you have the right to cancel your order for any Product purchased for a full refund or exchange provided the Product is returned in the condition it was received by you and has not been worn. Please note we are unable to refund the shipping cost paid when you placed your order and we are also not able to reimburse you for the shipping cost to return any Products to us. Please return any Products to us by recorded delivery.
If the Product you received was faulty we will refund you in full, including delivery charges and any reasonable costs you incur returning the item to us, or replace the faulty Product.
Details of your legal right to cancel an order with us will be provided in the email confirming your Product has been dispatched.
Your legal right to cancel a contract with us starts from the date the Product is dispatched. If the Products have already been delivered to you, you must within 7 working days of the day after you receive the goods give written notice of cancellation.
Order cancellations and Returns must be made in writing to firstname.lastname@example.org using the ‘Contact Us’ selection on the Website.
The Product itself must be returned to us within 28 days of you receiving it. You should return goods to us packaged securely in their original packaging, wherever possible, as soon as possible after informing us of your wish to cancel. Please return Products together with the delivery note detailing on the delivery note the reason for the return and whether you require a refund or replacement (please include size required).
Biteback Sports - Returns
Unit 6A, Mailing House
Mill Road Industrial Estate
Linlithgow, EH49 7SF
Our decision will always be final with regard to the condition of Products that we have reasonable grounds to believe have been used or worn. Any refund you receive will be to the debit or credit card you used to pay for the Product.
Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products. A manufacturer's guarantee is in addition to your legal rights as a consumer in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
For Products, which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of 6 months from delivery, the Products shall be free from material defects. This warranty however does not apply in to any defect in the Products arising from:
This warranty is in addition to your legal rights as a consumer in relation to Products that are faulty or not as described.
Any Products we offer with regard to protection from insects, we cannot guarantee complete protection from insects, insect bites or related reactions and diseases. We will not be held liable for any loss, injury or damage with respect to your use of these Products.
We shall use commercially reasonable endeavours to make the Website available 24 hours a day, seven days a week, except for planned or unplanned maintenance. We will try and ensure all maintenance is not carried out during office hours and to give you as much advance notice of any maintenance as we can.
We will endeavour to respond to all customer support queries within two working days (based on UK time).
You are solely responsible for procuring and maintaining your network connections and telecommunications links from your systems to our data centres. We are not liable for any delays, delivery failures and any other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.
From time to time, we may restrict access to some parts of our Website, or our entire Website, to users who have registered with us.
We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.
Other than in relation to data you upload using our Website, we are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
We may restrict, suspend or terminate the Account of any user who breaches the terms of the Agreement.
The terms of this Agreement, other than the sections dealing with our respective rights and obligations, shall survive termination.
In the event of any loss or damage to Your Data, your sole and exclusive remedy shall be for us to use reasonable commercial endeavours to restore the lost or damaged data from the latest back-up under our archiving procedure. We shall not be responsible for any loss, damage or disclosure of Your Data caused by any third party.
The Website is provided on an ‘as is’ basis and we do not guarantee that the Website or Products will be suitable for your intended use.
Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed and no warranties are given that any Product will be fit for a particular purpose. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to or registered user of our Website, or by anyone who may be informed of any of its contents.
We attempt to be as accurate as possible with the Product information listed on the Website. However, we do not warrant that Product descriptions are, or other content of the Website is accurate, complete, reliable, current, or error-free.
If a Product offered by us is not as described, your sole remedy is to return it in unused condition. All Products shown on our Website are subject to availability.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Agreement.
We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Nothing in these Terms seeks to exclude our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation. However beyond that we exclude all other liability to the extent permitted at law. We will not be liable if for any reason our Website is unavailable at any time or for any period.
The performance of our obligations under these Terms is subject to variation or cancellation owing to Act of God, war, strike, fire, riot, civil commotion, restriction by any government or other competent authority or any other cause beyond our control (“Force Majeure”).
You may not assign, sub-license or otherwise transfer any of your rights under these terms.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorised representative of Biteback Sports Limited.
If there are any disputes arising out of your use of the Website or relating to the Agreement then these will be governed by the laws of Scotland. If either party requires to raise court proceedings against us in relation to any such dispute then these proceedings must be raised in Scotland.
If you have any concerns about material which appears on our Website, or have any further questions regarding our Products, please contact email@example.com.
Thank you for visiting our Website.