Terms & Conditions - Online Shop

T&C last updated 17 December 2014

CHRISTMAS SERVICE/DELIVERY - You can still order online but please be aware of the festive delivery restrictions

  • Wednesday 24th December 2014 - Closed from 12 noon with all couriers collecting early
  • Thursday 25th December - Sunday 28th December - Closed with no mail or courier services
  • Monday 29th December - Normal Service
  • Tuesday 30th December - Normal Service
  • Wednesday 31st December - Closed from 12 noon with all couriers collecting early
  • Thursday 1st January - Closed
  • Friday 2nd January - Normal Service
  • ROYAL MAIL CHRISTMAS AND NEW YEAR GUIDE - PLEASE READ IN ADDITION TO OUR ABOVE DATES LISTED

General

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.

By registering to buy any of the products we offer (“Products”) you are entering into a legally binding agreement with us based on these Terms and our Privacy Policy (collectively referred to as the “Agreement”). If you do not agree to these Terms, please refrain from using our 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.


Who we are

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


Products

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.


Your Obligations

You must comply with the terms of the Agreement as set out in these Terms.

  • You warrant that you are over 14 and have full authority to enter in this Agreement.
  • You confirm you are not currently restricted from using our Website or from contracting with us; that you shall not infringe our rights or any third party’s rights; and that you shall only submit information on the Website that you are entitled to submit, which is accurate and not confidential.
  • Where you have registered for an account (“Account”) on our Website, you shall keep your password secure and not permit others to use your Account. You are responsible for anything that happens through your Account until it is closed down unless the Account security has been compromised through no fault of your own. If you discover any unauthorised use of your Account you must promptly let us know. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement.
  • You are responsible for complying with the laws of the country from where you use the Website and to ensure you have all necessary permission and consents in place in relation to your use of the Website.
  • If you think that you are entitled or required to act contrary to the Agreement due to mandatory law which applies to you, you must notify us at least 28 days before you act contrary to this Agreement. We will let you know if we are able to provide a solution that prevents you having to act contrary to the Agreement.
  • You must comply with our Responsible Use of Website policy as set out below. 
  • You agree to indemnify us against all damages, losses and costs which we incur due to your failure to comply with this Agreement.

Terms of Sales

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.


Price and Payment

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.


Delivery

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.

Delivery options

Purchases will be shipped by the method most suitable to the destination.


Returns

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 info@bitebacksports.com 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

PPF Shipping

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.


Product Guarantees and Warranties

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:

  • fair wear and tear;
  • wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
  • if you fail to operate or use the Products in accordance with the user instructions;
  • any alteration or repair by you or by a third party who is not one of our authorised repairers; or
  • any specification provided by you.

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.


Availability of the Site

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.


Our Rights in the Website

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.


Termination

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.


Links to Other Websites

This Website may also contain links to other websites, which are not operated by us (the "Linked Sites"). We have no control over the Linked Sites and, except where required by applicable law, we accept no responsibility for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.


Privacy Statement

You are solely responsible for all data you enter using the Website (“Your Data”), and any intellectual property rights in Your Data will be owned by you. We will comply with our Privacy Policy in relation to use of Your Data.

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.


Responsible Use of the Website

  • You must not store or transmit any material during the use of the Website that is unlawful, dishonest, threatening, defamatory, obscene, infringing, discriminatory or is racially offensive.
  • You must not transmit or distribute a virus, Trojan, worm, logic bomb or post any other material which is malicious, technologically harmful or in breach of confidence.
  • You must not infringe upon the rights of any other person's proprietary rights
  • You should not create more than one Account.
  • You should not create a false identity or submit inaccurate, false or misleading information.
  • You should not transmit or attempt to transmit any unsolicited advertising such as spam or junk mail.
  • You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website.

Liability

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.


Force Majeure

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”).


General Legal Provisions

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.


Your Concerns

If you have any concerns about material which appears on our Website, or have any further questions regarding our Products, please contact info@bitebacksports.com.

 

Thank you for visiting our Website.

Testimonials
  • Ryan
    "Delighted with my purchase! Love the colour, feels great on and its very good quality easily holding its own against some better known brands in my wardrobe. I have worn it a couple of times now and whilst the midges were not out in force I can't say I felt or saw anything land on me. I would buy an..."  more
  • John Scott
    "I have just tested the Biteback golf shirt and had no issues with bugs, just the rough!! ..."  more
  • Malcolm Sutherland
    "I have worn the Biteback Sports polo shirt when scything pasture thistles on our property in New Zealand, and found the garment not only comfortable to wear, it offered me great torso protection from the swarming ‘bitey’ insects disturbed by my work, and enabled me to do longer spells to complet..."  more
  • Kathleen Quinn
    "I loved the product. Comfortable and it helped my game...."  more
  • Hugo Davison
    "Naturally a product like this required some rigorous testing on the farm so I took the shirt out for a jaunt up to the lakes. Where I am usually committed to smothering myself with dimp and other anti mosquito agents, which acts as a mere hindrance to these voracious blood suckers, the shirt repelle..."  more
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