TERMS AND CONDITIONS OF SALE ("TERMS AND CONDITIONS")
Version 2018-1; posted and effective as of August 8, 2018
These Terms and Conditions establishes the conditions for the sales made between any individual wishing to make a purchase of WILSON products (“Products) from www.wilson.com/en-gb website(s) (the “Online Store”) and Amer Sports UK Limited, an English company registered under number 2757365, having its main office at 1st Floor Theta Building, Lyon Way Industrial Estate, Frimley Road, Camberley, Surrey, GU16 7ER United Kingdom ("WILSON", "we" or "us" as the context may require).
1. ABOUT THESE TERMS AND CONDITIONS
We may change these Terms and Conditions from time to time. We will state the effective date above. Any changes to the Terms and Conditions will apply to orders placed on or after the effective date.
BY PLACING AN ORDER FOR PRODUCT(S) YOU AGREE TO BE BOUND BY AND ACCEPT THESE SALES TERMS
2. PLACING AN ORDER
Please note that orders can only be placed by non-trading individuals. Therefore, we will not accept orders placed by companies, associations, independent contractors or any other kind of legal entity.
To be able to buy Product(s) you have to:
- provide your name and address, phone number, email address, payment details and other required information;
- be at least 18 years of age;
In case you created an account with a personal user identification and password, keep your password protected at all times and do not disclose it to anyone else as you are personally responsible for each purchase made using your user identification and password.
3. ORDER PROCESSING AND CONTRACT CONCLUSION
You agree that your order is an offer to buy the Product(s) listed in your order under these Terms and Conditions. All orders must then be accepted by us.
We may choose not to accept orders in our sole discretion and notably abnormal orders, orders which we suspect are not placed in good faith or orders which have not been placed by individuals. We are not required to provide a reason for declining to accept any order, though may do so in our sole discretion.
After having received your order, if we accept it, we will send you an order confirmation by email with your order number and details of the Product(s) you have ordered and the Terms and Conditions. Conclusion of the contract will take place the moment you receive the order confirmation email.
The order confirmation email is your proof of purchase, please store it as we will not archive your contract.
4. PRICES, SHIPPING AND HANDLING, CHARGES AND TAXES
The price charged for a Product will be the price in effect at the time the order is placed and will be set out in the order confirmation email.
We may change prices at any time without notice. Price increases will only apply to orders placed after such changes.
Prices for the Product(s) include VAT or other applicable taxes but do not include charges for shipping and handling.
Separate charges for shipping, handling and their related VAT or other taxes will be shown in the Online Store during the ordering process and, in any case, on the Order confirmation email.
In case certain costs cannot be reasonably calculated before the conclusion of the contract, you will be informed about the manner in which the total price will be calculated.
We deliver Product(s) only in United Kingdom subject to the following restrictions:
- We are unable to deliver to:
- P.O. Box addresses,
- Overseas army addresses,
- Hotels and hostels,
- Prisons, and
- Guernsey, Anguilla, Ascension Island, Bermuda, British Indian Ocean Territory, British Antarctic Territory, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Island of Man, Jersey, Montserrat, Pitcairn Islands, Saint Helena, South Georgia and the South Sandwich Islands, Turks and Caicos Islands
Delivery options are as follows:
- Standard: estimated delivery time of 3 to 5 business days
- Express: estimated delivery time of 2 to 3 business days
Delivery time as well as the delivery option you chose will be confirmed in the order confirmation.
Delivery date will not exceed 30 days, unless you specifically agree to a later date.
If you order any personalized Product(s), the manufacturing time for such personalized Product(s) is added to the shipping time of the selected delivery option.
In case you unreasonably defer delivery or delay the receipt of delivery after we have notified you that we have tried to deliver the ordered Product(s) to you, or if you have provided us with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to us. If the Product(s) remain undelivered after the first delivery attempt for a period of 7 working days and are returned to us undelivered, we shall be entitled to cancel the contract and we will refund you in accordance with the provisions of Article 9.
WE SHALL NOT BE HELD RESPONSIBLE FOR DELAYED DELIVERY OR FAILURE TO PERFORM, IF THE DELAY OR FAILURE IS NEITHER DUE TO OUR FAULT NOR FOR OUR ACCOUNT PURSUANT TO THE LAW OR GENERALLY ACCEPTED PRINCIPLES.
We encourage you to examine the delivery package and received Product(s) within 14 days after they are delivered to you and check their condition and that the content of the delivery package is complete. In case of damaged or missing Product(s), please contact our Customer Service.
6. PRODUCT(S) AVAILABILTY
We do not guarantee the availability of any Product(s) in the Online Store.
Unless we accepted your order, we reserve the right, without liability or earlier notice, to change, discontinue or to stop making available any Product(s).
7. COMPATIBILITY, PRODUCT INFORMATION
Please take care when placing your order to ensure that the Product(s) you purchase are compatible for the intended use. Please use the Online Store as your final point of reference when checking compatibility. In the event of a difference between the Online Store content and any other website (or any other source of information) the compatibility of Product(s) as shown on the Online Store at the time of purchase will be seen as taking precedence.
Payment can be made by Visa, Mastercard and Paypal.
All payments will be subject to security checks. Therefore our services may contact you to confirm your order information and order details such as proof of address, proof of address in the name of the person indicated for the delivery address etc.
9. RETURN AND REFUND
Please note that we will only process returns and refunds for Product(s) bought in the Online Store.
Cancellation right: If you have bought Product(s) for your own private use as a consumer and want to exercise your right to cancel the contract and return the Product(s) you may do so provided that you complete the return procedure on our online platform https://shop.wilson.com/en-gb/return within 14 days after the date on which you receive the Product(s). In case of a contract relating to multiple Product(s), your cancellation right will expire within 14 days after the date on which you receive the last Product.
In order to exercise your cancellation right, please refer to the return form that you received with your package and complete the return procedure on our online platform https://shop.wilson.com/en-gb/return as per instructed on the return form.
You may only return Product(s) over which you have taken reasonable care and which you have not used in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product(s). You will be liable for any diminished value of the Product(s) resulting from your handling of the Product(s) other than what is necessary to establish the nature, characteristics and proper functioning of the Product(s) you bought.
PLEASE NOTE THAT YOU CANNOT EXERCISE THIS RIGHT OF CANCELLATION IN RESPECT OF CUSTOMIZED PRODUCTS THAT HAVE BEEN MANUFACTURED, MODIFIED, TUNED OR STRUNG (INCLUDING, WITHOUT LIMITATION, CUSTOM RACKETS, BALL GLOVES, BATS OR CUSTOM-STRUNG INLINE PERFORMANCE RACKETS) IN ACCORDANCE WITH YOUR SPECIFICATIONS.
In order to return the Product(s), you can complete the Return form available in our Online Store https://shop.wilson.com/en-gb/return use the Return form that you received with your package or return the model cancellation form that is reattached as Annex 1, or make another unequivocal statement to us for example by returning the completed Return Form, which can be obtained online or from our Customer Service.
Once we have received your online statement to cancel the contract, we will send you a confirmation email.
You will then have to return the Product(s) without undue delay. We will bear the direct costs for returning the Product(s).
You must return the Product(s) in their original package. You must include all accessories, user manuals and any free gifts that came in the same package. Where a Product has been purchased as a part of a bundle of multiple Products, all multiple Products within that bundle must be returned. Please treat the Product(s) with reasonable care and return them in the condition that they were delivered to you. Please pack the Product(s) securely and make sure that your order number is clearly visible on the outside of the parcel. To ensure fast and secure return we encourage you to follow the given return instructions.
We will refund the price you paid for the Product(s) plus the initial shipping cost within 48h of receiving the returned products at our warehouse. In case you chose an express delivery option, only standard initial shipping cost will be reimbursed. The refund will be confirmed by email. Payment will be carried out using with the same means of payment as you used for the initial transaction.
If you return Product(s) 1) that you are not entitled to return, 2) that you damaged or used in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product(s), or, 3) with Product(s) missing, or 4) have otherwise failed to exercise reasonable care when taking care of and returning Product(s), we reserve the right either to reject your return and decline to refund or to reduce any payments to be refunded to you for the diminished value of the Product(s), subject to applicable law.
Other return cases: If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged in transportation, please contact without delay our Customer Service either via email or by phone for assistance.
10. TENNIS RACKET DEMO PROGRAM
Wilson offers a five-day Tennis Racket Demo Program to help you pick your perfect racket. You may choose up to three rackets (which are pre-strung) to playtest for a five working day period (the “Demo Period”). For more information about our Tennis Racket Demo Program, click here or visit the Tennis Racket Demo Program section of our homepage.
The Tennis Racket Demo Program is offered at no cost to you except for a £10 shipping fee. Note: If the Demo Period ends and any of the demo rackets have not been returned to the appropriate drop-off location using an appropriate return label generated from the Online Store, or the rackets are returned damaged, we will need to charge your card the full price for each outstanding or damaged racket. The retail price of each demo racket is listed on the Tennis Racket Demo Page and will be displayed within the shopping cart at checkout. In order to avoid this charge, your demo rackets will need to be postmarked (on its way back to Wilson) by the 6 (sixth) full day after delivery. By submitting your Racket Demo order, you agree to the terms set forth herein and you authorize Wilson to charge your card for the retail value of the racket in accordance with these terms. Credit card is the only accepted payment method for the Tennis Racket Demo Program. Bank transfer or other payment methods will not be accepted. The terms of this Tennis Racket Demo Program section shall supersede any conflicting terms provided for elsewhere in these Terms and Conditions.
11. TENNIS STRING/RE-STRINGING SERVICE BUNDLE PRODUCT
At this time, Wilson offers tennis racket re-stringing service only with the purchase of a tennis string/re-string service product bundle (“Restring Product Bundle”). To purchase a Restring Product Bundle and for more information about tennis racket re-stringing service, click here or visit the tennis string/re-stringing service product bundle section of our homepage. Upon your purchase of a Restring Product Bundle, Wilson will send to you the string purchased, a box(es) suitable for the tennis racket(s) you wish to be re-strung and a stringing specification form(s) (collectively, the “Re-Stringing Materials”). It is your responsibility to ship the racket, your purchased string and the completed stringing specification form to Wilson using a carrier of your choice and at your cost. Note: You bear the risk of loss on items shipped to Wilson and you are responsible for filing any claims with carriers for damaged and/or lost shipments.
Upon your receipt of the Re-Stringing Materials, you must (1) fill out the stringing specification form with your preferred stringing specifications, (2) securely package the tennis rackets to be re-strung, the purchased tennis strings, and your completed string specification form in the box(es) provided, (3) create a shipping label using a carrier of your choice, directing shipment to Wilson at the following address:
Wilson Shop Garching
85748 Garching bei München
and, (4) deliver the box(es) to your chosen shipping carrier.
Upon Wilson’s receipt of your completed Re-Stringing Materials and rackets to be strung, Wilson will inspect the racket(s) to ensure that it is in a condition suitable to perform restringing service as determined by Wilson in its sole discretion. If the racket(s) is in a suitable condition, Wilson will re-string your racket(s) to your preferring specifications with the tennis strings ordered as a part of your Restring Product Bundle. In the event that the racket is damaged or otherwise in a condition not suitable for re-stringing service as determined by Wilson in its sole discretion, then Wilson will ship your racket(s) and string back to you and refund to you the purchase price of the Restring Product Bundle. Note: Any string on the racket(s) submitted for re-stringing will be removed from the rackets and disposed of by Wilson as part of the re-stringing service. Once Wilson has completed re-stringing your racket(s), Wilson will ship your racket(s) back to you at the shipping address provided by you in your Restring Product Bundle order. Please allow up to five working days after Wilson’s receipt of your Re-Stringing Materials and racket(s) for performance of re-stringing service and return shipment to you. In the event of any damage caused by Wilson to the racket(s) submitted to Wilson for re-stringing service, Wilson’s liability to you shall not exceed the replacement cost of such racket(s) in the condition as received by Wilson. In no event shall Wilson be liable for any cosmetic damage to rackets, even if caused by Wilson. The terms of this Tennis String/Re-String Service Product Bundle section shall supersede any conflicting terms provided for elsewhere in these Terms and Conditions.
12. WARRANTIES AND STATUTORY RIGHTS
Any Product(s) that we supply to you will be of satisfactory quality. If we deliver a Product to you that is not of satisfactory quality, you can contact us for a repair or replacement or, where this is not possible, for a refund. Further information is set out in our warranty policy for Product(s) is detailed on our website, section Warranty Policy.
If you believe that you are entitled to warranty services, please contact our Customer Service.
As a consumer, you have legal rights in relation to Products that are faulty or not as described. Further, we are under a legal duty to supply Products that are in conformity with this contract. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in our Warranty Policy or elsewhere in our Terms and Conditions will affect these legal rights.
13. PERSONAL DATA
We will take reasonable care to keep the details of your order and payment secure, but (in the absence of material negligence on our part) we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the website.
14. OUR LIABILITY
We shall perform our obligations under these Terms and Conditions with reasonable care and skill.
There are certain liabilities that we cannot exclude under applicable law. In particular, nothing in these Terms and Conditions limits our liability for personal injury or death caused by our negligence or our liability for fraud. As stated above in section 12, you have certain rights as a consumer, including legal rights relating to faulty or misdescribed Product(s). Nothing in these Terms and Conditions will affect these legal rights.
We are responsible only for losses that are a natural, foreseeable consequence of our breach of these Terms and Conditions. We shall not be liable if we are prevented or delayed from complying with our obligations by anything that you (or anyone acting on your behalf) does or fails to do or due to events that are beyond our reasonable control.
You should take all reasonable steps and precautions to ensure that the Product(s) you order are suitable for your purposes. You must follow any advice that we give you in relation to Product(s) (including instructions, user guides and/or manuals provided with Product(s)). We do not accept liability for damage to Product(s) that we have supplied where caused by your failure to follow our advice.
We shall not be liable for any losses related to any business of yours such as lost data, lost profits, lost revenues or business interruption.
We shall use our reasonable endeavors to verify the accuracy of information that is used on the Online Store but, subject to applicable law, cannot guarantee that all information will always be accurate and complete. It is possible, for example, that Product images and packaging may not always match Products supplied. If you have any questions or concerns in this regard, please contact us before ordering any Product(s). Also, pricing mistakes may occur from time to time, in which case we may cancel any orders being processed or accepted by us. We will correct errors on our Online Store as soon as possible after becoming aware of them.
PLEASE NOTE THAT THESE TERMS AND CONDITIONS DO NOT AFFECT (AND SHOULD NOT BE READ TO AFFECT) YOUR STATUTORY RIGHTS WHICH CANNOT BE WAIVED OR LIMITED BY CONTRACT.
The Online Store may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Online Store and any transactions conducted on or through the Online Store.
We make no warranty that the Online Store will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and/or reliability of the Online Store. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Online Store.
If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
In relation to purchases from the Online Store, we will communicate electronically by sending email or otherwise posting electronically.
16. CUSTOMER SERVICE
Our Customer Service will assist you with any Online Store order related questions. You can contact us either via email or by phone from Monday to Friday between 9am and 6pm, except on public holidays:
By phone: +443331501116
By e-mail: https://shop.wilson.com/en-gb/contact-us
17. GOVERNING LAW
These Terms and Conditions shall be governed and construed in accordance with the laws of England.
ANNEX 1: MODEL WITHDRAWAL FORM
(Complete and return this form only if you wish to withdraw from the contract)
Amer Sports UK Limited, 1st Floor Theta Building, Lyon Way Industrial Estate, Frimley Road, Camberley, Surrey, GU16 7ER United Kingdom
I/We hereby give notice that I/We withdraw from my/our (*) contract of sale of the following Product(s):
- Ordered on:
- Name of consumer(s):
- Address of consumer(s):
- Signature of consumer(s):
(*) Delete as appropriate.