TERMS AND CONDITIONS OF SALE AND WEBSITE TERMS OF USE (“TERMS AND CONDITIONS”)

1. What do these Terms and Conditions apply to?

1.1          These Terms and Conditions will apply to all orders and govern your contract with us for (i) the sale of Products; and (ii) delivery services. They also tell you the rules for using our website, Hamrun online shop (“Site”).

1.2           Please note that certain provisions of these Terms and Conditions will apply differently depending on whether you live within the EU or the ROW. Provisions that may vary include the provisions in clauses 4 (How is a contract formed between us), 9 (What is the charge for delivery?), 10 (How to pay & VAT) and 11 (Import Duty and Tax Payments and Customs). In each of these provisions we have stated which terms will apply to you according to your country of residence.

1.3           We reserve the right to cancel any Order that is made by a minor, under the age of 18, where the consent of that minor’s legal guardian is not received. If you are a minor, you must ensure your parent or legal guardian knows and agrees before you or you agree to buy anything from the Site. In subscribing for emails, or entering any competition that requires information about you, you warrant you are over 16 years of age.

In using purchasing our Products, you confirm that you are a “consumer”. A “consumer” is someone who is:

1. an individual; and
2. acting wholly or mainly outside of their trade, business, craft or profession.
3. What terms do we use in these Terms and Conditions?

“Contract” means the contract formed between you and us each time you purchase Products from us via the Site (see clause 4 below regarding how a Contract is formed between us);

“Customer Services” means our customer services team, which can be contacted through the details listed in clause 1.3;

“EU” means any country or territory in the fiscal (VAT) area of the European Community and at all times England and excluding Non-EU countries.

“Order” has the meaning given to it in clause 4.1 (When is your order placed);

“Order Confirmation Email” has the meaning given to it in clause 4.1.3

“Order Dispatch Email” has the meaning given to it in clause 4.1.5;

“Product” means a product displayed for sale on the Site;

“Product Description” means that part of the Site where certain terms and conditions in respect of an individual Product are provided, for example on that Product’s page;

“ROW” means a country in the which is outside of the EU;

“User” means you, or any other user of the Site;

“Site” means the website located at https:/www.hamrunspartansfc.com including any sub-domains or any subsequent URL which may replace it; and

“We/us/our” means Hamrun Spartans Limited;

3. Where do I find Product information?

3.1            Each Product purchased from the Site is sold subject to its Product Description. The Product Description may set out additional terms related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and any applicable guarantees that may apply to the product.

3.2          Product Descriptions may vary depending on your location, and where you choose to deliver the Products. We cannot guarantee that all Products will be available for delivery to every country.

4. How is a Contract formed between us?

4.1           The steps required to create the Contract are as follows:

4.1.1        How is your Order placed?

You place the order for your Products on the Site by following the prompts and clicking the “Complete Order” button at the end of the checkout process. Once you have clicked this button, this constitutes an “Order”.

4.1.2       How can I review my Order?

You will be given an opportunity to review your chosen Products and make any amendments required prior to placing an Order.

4.1.3       How will we confirm your Order?

We will send you an email detailing and acknowledging the Products you have ordered (“Order Confirmation Email”). In the event that you don’t receive an Order Confirmation Email, please contact Customer Services.

4.1.4        What Products will we deliver?

Contract only relates to those Products listed in your Order Confirmation Email. We will only deliver the Products listed in the Order Confirmation Email.

4.1.5       How will I know when my Products have been dispatched?

We will notify you by email when your Product(s) are dispatched to you (“Order Dispatch Email”).

If you have ordered multiple Products, please note that we may deliver each separately.

4.1.6       When is payment for the Products taken?

credit/debit card will be charged when your received the Order Confirmation Email. For the avoidance of doubt, we will pre-authorise and charge for all pre-ordered Products at the time of the Order. This is to ensure that stock is allocated against your Order. In the event that there is not sufficient stock to fulfil your Order, your payment method will be refunded.

4.2          We are not required to accept your Order and we may modify, reject or cancel your Order for any reason, including but not limited to one of the following reasons:

▪           The Product is unavailable;

▪            If we are unable to obtain authorisation for your payment;

▪           The identification of a pricing or Product Description error;

▪           We believe you may have the intent to resell the Product; or

▪           You not complying with these Terms and Conditions (for example, if you are a minor and we have not received consent to place an Order from your legal guardian).

5. Cancelling your Contract and/or returning your Order

5.1          Your rights to return Product(s) or when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

5.1.1       if your Product(s) are damaged, faulty or not as described, you may end the Contract and we will reimburse you for the cost of the Product(s) which you return to us, the delivery charge for your Order and reasonable costs of you returning the Products. We will reimburse you with these costs through the payment method you used to place the Order within 14 days of our receipt of the returned Products.

5.1.2       if you have changed your mind about the Product(s), you may be able to get a refund if it has been less than 90 days since your order was dispatched, but this may be subject to deductions, and you may have to pay the costs of return of any Product(s).

For more information on how to return Products, please click here.

5.2         You have a legal right to change your mind and cancel the Contract within 14 days and receive a refund. If you want to cancel the Contract in these circumstances, you must contact Customer Services with a clear statement, including details of your name, address, details of the Order you wish to cancel and, where available, your phone number and email address.

5.3         You do not have a right to change your mind in respect of DVDs, videos, PC & video games which have been opened, pierced jewellery, Product(s) made to your specification, that have been clearly personalised or which by reason of their nature cannot be returned (for example, underwear/swimwear which has been worn) or are liable to deteriorate or expire rapidly);

5.4        All returned Product(s) must be in original condition, unworn/unused with original tags and labels. We do not accept returns for Product(s) which have been worn/used or which are not in their original condition. If you try to make a return of Product(s) which are not in a returnable state, we may have to send those Product(s) back to you at the address you originally provided and ask you to cover the delivery costs.

5.5          If you change your mind and your Order has already been collected from our warehouse for delivery to you, then you must use our Returns Portal in the event of any unwanted Product(s).

5.6           We will only reimburse delivery costs, handling fees and/or your reasonable costs of returning the Product(s) if the Product(s) is faulty or not as described or you notify us that you wish to cancel the Contract within 14 days of your Order. In all other circumstances (including where you are exercising your right to change your mind), you must pay the costs of return.

5.7           We will refund you the price you paid for the Product(s) being returned, by the method you used for payment. However, we may make deductions from the price, as described below.

5.8           If you are exercising your right to change your mind:

5.8.1    We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Product(s), 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 Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;

5.8.2    The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the Product(s) delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option; and

5.8.3       We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

5.8.3.1   Your refund will be made within 14 days from the day on which we receive and process the Product(s) back from you; or

5.8.3.2    for Orders which have not yet been processed or dispatched, your refund will be made within 14 days of your telling us you have changed your mind.

5.9          It’s not possible to make changes to your Order once you’ve placed it. If you’d like to add Products to your Order, please place a new order for these Products.

5.10         If you need to change details of your delivery address, remove Products from your Order or cancel it completely, please contact Customer Services.

5.11        These Terms and Conditions, including this clause 5, are in addition to any statutory rights and remedies you may have under English law and your country of residence.

6. When will the Products be delivered?

6.1          Delivery lead times to international addresses will vary according to destination but we will use reasonable endeavours to ensure that all Products will be delivered within 30 days from the conclusion of the Contract. In the event that your Order has been dispatched by us (as confirmed in the Order Dispatch Email) but has not arrived within the estimated delivery time range, please contact Customer Services. Please also contact Customer Services if you have any queries about international delivery services.

6.2           Depending on stock availability, we may split delivery of your Order into several parts and deliver them separately. You will not be charged extra for this. Occasionally, delivery of your Order may be delayed or prevented for reasons beyond our control, such as material shortages, import delays or higher than anticipated demand. Delivery may also be delayed due to customs-related processes (such as inspection).

6.3       If delays outside of our control occur, we will try to keep you informed. For the avoidance of doubt, time is not of the essence for the delivery of the Products, but you will remain entitled to all statutory rights provided to you by the applicable laws.

7. What is the charge for delivery?

7.1          Our Site will confirm the relevant shipping and/or delivery fees for the Products before you place your Order.

7.2           We reserve the right to charge a handling fee in addition to any delivery costs.

7.3           If you decline the charge for delivery or for handling, you will not be able to place an Order.

7.4            Applicable tax applying to delivery charges will depend on your country of residence and will apply in accordance with clause 10.

8. How to pay & VAT

8.1           Payment is to be made in the currency selected by you prior to checkout. International credit card providers or banks will determine the exchange rate; if payment is made in a currency not issued as standard by the bank, they may add an additional processing or administration charge which the cardholder will be liable to pay.

8.2          Our delivery charge will be itemised as ‘delivery’ on the delivery and order confirmation pages of the Site and in the Order Confirmation Email, after the subtotal for the value of the Product(s).

8.3           Applicable tax will depend on your country of residence and/or of delivery as follows:

Delivery to Malta

8.4           Where you have requested delivery to a Malta address, the price paid for the Product and applicable delivery charges will include VAT.

Import Duty and Tax Payments and Customs – delivery to EU only

8.5          All applicable taxes, fees, customs duty, levies or other charges as a result of local legislation or customs formalities shall be displayed during the check-out process before you complete your Order.

8.6         You (or the recipient of the Products if different) will be the importer for all international deliveries of the Products. Therefore, before placing an Order, it’s your responsibility to check that any Products ordered comply with country, state and/or federal government import regulations, and that there are no local requirements or restrictions which may affect receipt of your Order.

8.7          You agree that Hamrun Spartans FC will act on your behalf as exporter of the Products and will complete export declarations in its own name on your behalf.

8.8          Where possible, we or our subcontractors, will carry out all customs formalities on behalf of the recipient of the Products. We or our subcontractors, will request payment for these charges from the recipient of the Products in a separate invoice. We may also request information from you in relation to customs formalities. You must respond to any request for information within 5 days of the request, or the Order will be cancelled, and the Products returned to our warehouse.

9. Import Duty and Tax Payments and Customs – delivery to ROW only

9.1           Where you have requested delivery to a ROW address, the price paid for the Product(s) and applicable delivery charges will include VAT or the equivalent tax in the country to which the Order is to be delivered, as applicable.

9.2            The country of taxation will be indicated in the Order Confirmation Email you receive for your Order.

9.3            For the avoidance of doubt, you (or the recipient of the Order, if different) are responsible for any relevant duty and/or customs charges on your Order.

9.4            You (or the recipient of the Order, if different) will be the importer for all international deliveries of the Products. Therefore, before placing an Order, it’s your responsibility to check that any Products ordered comply with country, state and/or federal government import regulations, and that there are no local requirements or restrictions which may affect receipt of your Order.

9.5            You agree that Hamrun Spartans will act on your behalf as exporter of the Products and will complete export declarations in its own name on your behalf.

9.6            Where possible, we or our subcontractors, will carry out all customs formalities on behalf of the recipient of the Products. We or our subcontractors, will request payment for these charges from the recipient of the Products in a separate invoice. We may also request information from you in relation to customs formalities. You must respond to any request for information within 5 days of the request, or the Order will be cancelled, and the Products returned to our warehouse.

9.7            Products delivered to ROW may be subject to taxes, fees, customs duty, levies or other charges as a result of local legislation or customs formalities. The recipient of your Order is responsible for all customs formalities for the import of the Products and will be required to pay any additional charges for international delivery, including import duty, formal customs entry, taxes, levies and other charges that may be levied in ROW. The recipient of the Order, not the person placing the Order, will typically receive a separate request for payment of these charges. If you’re ordering Products to be delivered to someone else, please ensure they’re aware that they’ll be responsible for these additional charges.

9.8            Unfortunately, we have no control over these charges and cannot predict what they may be, so we are unable to offer any assistance on these processes. We advise that you check any customs formalities and the import charges applicable in your chosen country of delivery before ordering Products to be delivered there. We will use commercially reasonable efforts to provide you with information which we hold which relates to the Product or consignment which you may need in order to arrange customs clearance.

10. How we may use your personal information?

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

11. Our responsibility for loss and damage suffered by you

11.1         We will be responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of us breaking this contract or 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 us and you knew it might happen.

11.2         We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation or for breach of your legal rights in relation to the Products.

11.3         Your use of the Site is at your sole risk. To the fullest extent permitted by law, you are responsible for complying with these Terms and Conditions and all applicable laws with respect to the use of the website. Other than as referred to in sections 13.1 and 13.2, the Site, including all information and content made available on or accessed through the Site is made available to you “as is” without warranties or representations of any kind. To the fullest extent permissible by law, we disclaim all warranties of any kind, whether express or implied.

11.4         In no event shall we or our affiliates be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages of any kind whatsoever. To the fullest extent permitted by law, in no event shall we or our affiliates be liable for any direct damages exceeding the greater of the monies paid by you to us for Product(s) in the twelve months preceding the claim or £100 GBP.

12. Our rights to vary these Terms and Conditions

12.1          We reserve the right to change these Terms and Conditions from time to time, but any changes will not apply to any Order(s) that we have accepted prior to the change being made.

12.2          These Terms and Conditions govern our relationship with you. Any changes to the Terms and Conditions governing existing contracts must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what we and you are expected to do.

13. Alternative Dispute Resolution

13.1         Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use.

13.2         If your country of residence is within the EU, if you are not happy with how we have handled any complaint, you may submit a complaint via the European Commission Online Dispute Resolution platform at http://ec.europa.eu/odr. There may also be other dispute resolution platforms based in your country of residence.

14.  If a court finds part of this contract unenforceable, the rest will continue in force

If any part of these Terms and Conditions shall be found by a Court to be unlawful, void or unenforceable for any reason, then that provision shall be capable of being severed and separated from these Terms and Conditions and shall not affect the validity and enforceability of any of the other provisions of these Terms and Conditions which shall all remain in force.

15. Even if we delay in enforcing this contract, we can still enforce 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. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.

16. Which laws apply to this contract and where you may bring legal proceedings?

16.1        These Terms and Conditions shall be subject to Maltese law. All claims or disputes arising in relation to or in connection with any contract (any Order for Products) under these Terms and Conditions shall be governed by Maltese law. You may bring a claim to enforce your consumer rights in connection with these Terms and Conditions before the courts of your resident country, as laws in your country of residence may also apply to allow you certain levels of consumer protection.

17. By using our Site, you accept these Terms and Conditions

By using our Site, you confirm that you accept these Terms and Conditions and that you agree to comply with them. If you do not agree to these Terms and Conditions, you must not use our Site.

18. There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our Site:

18.1          Our Privacy Policy

18.2          Our Cookie Policy, which sets out information about the cookies on our site.

19. We may make changes to these Terms and Conditions

We amend these Terms and Conditions from time to time. Every time you wish to use our Site, please check these Terms and Conditions to ensure you understand the Terms and Conditions that apply at that time. These Terms and Conditions were most recently updated on April 9 2021.

20. We may make changes to our Site

We may update and change our Site from time to time to reflect changes to our Products, our Users’ needs and our business priorities.

21. Other criteria for use of our Site

21.1         To register on our Site, you must be at least the minimum age to provide your own consent in your country of residence.

21.2        We reserve the right to withdraw your access to our Site if we reasonably believe you are below the minimum age to provide your own consent in your country of residence.

22. We may suspend or withdraw our Site

22.1        Our Site is made available free of charge.

22.2        We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

22.3        You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

22.4        Our Site is directed to people residing in the UK. We do not represent that content available on or through our Site is appropriate for use or available in other locations.

23. You must keep your account details safe

23.1        If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

23.2        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 reasonable opinion you have failed to comply with any of the provisions of these Terms and Conditions.

23.3        If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us on webmaster@hamrunspartansfc.com

 

How you may use material on our Site

24.1        Hamrun Spartans FC is the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

24.2        You may print off one copy, and may download extracts, of any page(s) from our site for your personal use.

24.3        You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

24.4         Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

24.5         You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

24.6        If you print off, copy or download any part of our Site in breach of these Terms and Conditions, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

24.7         You may not use any material on our Site for any illegal or unlawful purpose. Any unauthorised use or violation of these terms may immediately and automatically terminate your right to use and access our site and may subject you to legal liability.

25. Do not rely on information on this Site

25.1        The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.

25.2        Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

25.3        The inclusion of any products or services on our site does not imply or warrant that these products or services will be available at any particular time or that the listed attributes are accurate or complete.

25.4        We may make changes to information about price, availability or other product attributes without notice.

26. We are not responsible for websites we link to

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

27. User-generated content is not approved by us

27.1        This Site may include information and materials uploaded by other Users, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other Users on our Site do not represent our views or values.

28. Our responsibility for loss or damage suffered by you

28.1        We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

28.2        Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any Products to you, which are set out in these Terms and Conditions.

28.3         Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

29. We are not responsible for viruses and you must not introduce them

29.1         We do not guarantee that our Site will be secure or free from bugs or viruses.

29.2        You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

29.3        You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

30. Rules about linking to our Site

30.1        You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

30.2        You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

30.3         You must not establish a link to our Site in any website that is not owned by you.

30.4         Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.

30.5         We reserve the right to withdraw linking permission without notice.

www.hamrunspartansfc.com

Promo Code Terms and Conditions (“Terms”)

These Terms apply to the discount of 5% for members of Hamrun Spartans Football Club (“Members”), for the 2021/2022 season on the price of relevant items purchased from www.hamrunspartansf.com (the “Promo Code”).

1. The Promo Code is valid on selected items only. If an item is excluded, you will not see a discount for this item at checkout.
2. You will need to enter the Promo Code during checkout on each purchase for it to apply. You cannot use the Promo Code on an order once it has been completed.
3. The Promo Code cannot be used on orders made prior to 1 June 2021, and cannot be used on orders made after 31 May 2022.
4. The Promo Code cannot be used in conjunction with any other discount or promotional codes in the same order.
5. The Promo Code cannot be used to purchase vouchers or gift cards, or against other charges including: delivery costs, personalisation costs, gift wrapping costs import and duty costs.
6. The Promo Code has no cash redemption value and is not transferable or assignable.
7. The Promo Code may be withdrawn or amended without notice. The Promo Code has no cash alternative.
8. Postage, packing and delivery costs will be applied to your order in accordance with our standard delivery rates and policies.
9. Where you return items from your order and are eligible for a refund, the Promo Code’s redeemable value will not be refunded. You will receive the maximum amount you have paid as the purchase amount less any relevant charges, including but not limited to delivery, personalisation, gift wrapping costs or import and duty costs.
10. We reserve the right to cancel an order where we suspect that a Promo Code has been used by someone who is not a Member or in the event of any other non-compliance with these Terms. We reserve the right to ask you for photographic proof of your Member card
11. The Hamrun Spartans online shop General Terms and Conditions of Sale apply.
12. These Terms are governed by and shall be governed and construed in accordance with the laws of Malta whose courts shall be courts of exclusive competent jurisdiction. If you use the Promo Code from a location outside Malta, you do so at your own risk and on your own initiative and you are responsible for compliance with local laws, to the extent that any local laws are applicable. Nothing in these Terms shall in any way be deemed to restrict or affect your statutory rights under Maltese law.