Terms and Conditions
Please read these terms of sale carefully as they constitute a binding agreement between us Tri 1st Limited (“us”/”we”) and its customers (“you”) which applies to all purchases of items by you from this website (www.tri-1st.co.uk).
Tri 1st Sports UK Limited is a limited company registered in England and Wales (company registration number: 9458567. VAT 233788776). Our registered office is at 153 Metchley Lane, Harborne, Birmingham B17 0NT. Our trading address is 293 Harborne Lane, Harborne, Birmingham B17 0NT.
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
The advertising of products on our website constitutes an “invitation to treat”; and by placing an order, you make an offer to us to purchase the products you have selected. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps: (i) you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) you will be transferred to the secure check out pages where payment can be made using Visa, Visa Electron, Mastercard, American Express, Switch/Maestro or Solo cards; (iii) we will then send you an initial acknowledgement email confirming receipt of your order;and (iv) once we have checked whether we are able to meet your order, we will send you an order confirmation (at which point your order will become a binding contract). If we cannot accept your order we will contact you by email and shall refund any amount already paid to us.
We will always make every effort to supply you with the products listed in your order confirmation. However, non-acceptance of your order may be due to any or more of the following non-exhaustive list of reasons: (i) the product you ordered is out of stock; (ii) we are unable to obtain authorisation for your payment; (iii)we have identified a pricing or product description error; (iv) there is a system or procurement failure; and (v) failed customer validation checks.
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
The only language in which we provide these terms of sale is English.
Before you place your order, you will have the opportunity of identifying whether you have made any input errors. You may correct those input errors before placing your order by placing your order using the website interface.
Description and Availability of Products
Tri1st.co.uk offers for sale a range of sporting products and accessories associated with the sport of Triathlon (i.e. bicycles, bicycle clothing and accessories; running shoes, clothing and accessories; wet suits, swimwear and swimming accessories; sports nutrition and general accessories such as heart rate monitors, computers, GPS, watches etc.). We take all reasonable care to ensure that product details, description and prices appearing on our website are complete, accurate, up to date and that products are held in stock. We also make every effort to display as accurately as possible the colours of the products that appear on our website but cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the actual goods.
Despite our best efforts, the information on this website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on our website. For example, products may be unavailable, may have different attributes than those listed, or may carry a different price than what is stated on our website. In addition, we may make changes in information about price and/or availability without notice. In the event of a pricing error or discrepancy on our website, we reserve the right to cancel any such orders. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer.
Price and Payment
Prices for products are quoted on our website.
The website contains a large number of products and, despite our best efforts, it is always possible that some of the prices on the website may be incorrect. We will normally check prices as part of our dispatch procedures so that, where the product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If the product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject the order and tell you. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing, we do not have to provide the product to you at the incorrect (lower) price.
In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you pay for the product.
Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
The prices on the website are quoted in Pounds Sterling and include all value added taxes (VAT) at the UK standard rate of 20%.
Payment for all products must be made by credit or debit card or any other method detailed on our website from time to time.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
If you dispute any payment made to us you must contact us immediately and provide full details of your claim. If you submit an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of the charge-back: (i) an amount equal to the amount of the charge-back; (ii) all third party expenses incurred by us in relation to the charge-back (include charges made by our or your bank or payment processor or card issuer); (iii) an administration fee of GBP £50 (including VAT); and (iv) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this paragraph (including without limitation legal fees and debt collection fees). Without prejudice to our other rights, if you submit an unjustified credit card, debit card or other charge-back, then we may terminate any contracts between you and us under these terms of sale by giving you written notice of termination.
For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back.
You warrant to us that:
- You are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
- The information provided in your order is accurate and complete;
- You will be able to accept delivery of the products;
We shall have no liability to you for any failure to deliver products you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
We will arrange for the products to be delivered to the address for delivery indicated in your order.
We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days of the later of receipt of payment and the date of our order confirmation. You have the right to cancel delayed orders at any time and get a full refund prior to the item being dispatched.
Risk And Ownership
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of: (a) delivery of the products; and (b) receipt by us of full payment of all sums due in respect of the products (including delivery charges). We will be entitled to recover payment for the products even where ownership has not passed to you.
“Cooling off” period
Under the Distance Selling Regulations, you may cancel a distance contract to purchase a product or products from us at any time within the period commencing when the contract comes into force and ending 7 working days after the day you received the relevant products or products (subject to the limitations set out below).
In order to cancel a contract in this way, you must give to us written notice of cancellation (by email or post) and then promptly return the products to us, in the same condition in which you received them (i.e. unused, with labels attached and with the original packaging).
Upon receipt of the product(s) you will be refunded in full (including the cost of sending the products to you). You will be responsible for paying the cost of returning the product(s) to us, however.
If you cancel a contract on this basis and you do not return the product(s) to us, we may recover the product(s) and charge you for the costs we incur in doing so. Similarly, if you return the product(s) at our expense, we may pass that expense on to you.
Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 14 days of the day we received your valid notice of cancellation.
Limitations and exclusions of liability
Nothing in the terms of sale will:(a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; © limit or exclude any liability of a party under Section 12, 13, 14 or 15 of the Sale of Goods Act 1979 or Part I of the Consumer Protection Act 1987; (d) limit any liability of a party in any way that is not permitted under applicable law; or (e) exclude any liability of a party that may not be excluded under applicable law. Any statutory rights, which you have as a consumer, which cannot be excluded or limited, will not be affected by the terms of sale.
The limitations and exclusions of liability set out in this Section and elsewhere in the terms of sale: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control. This includes but is not limited to, damage to property, lost income, profits, economic or commercial losses and third party claims.
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the ‘Limitations and Exclusions of Liability’ outlined above: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from this website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from this website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
This website (www.tri-1st.co.uk) is owned and operated by: Tri 1st Sports UK Limited, which is registered at 153 Metchley Lane, Harborne, Birmingham B17 0JL and trades from 293 Harborne Lane, Harborne, Birmingham B17 0NT. Our VAT number is 890335123. We are registered in England & Wales under registration number: 5816034. Our email address is firstname.lastname@example.org