1.1 JMS Rugby is a trading name of John Moore (Sports) Limited, whose registered office is 13 Argyle Street, Bath, BA2 4BE.
1.2 John Moore (Sports) Limited is registered in England number 301335.
1.3 VAT registration number 137 4901 65.
2.1 “Acceptance” means acceptance of the Order by email from the Seller to the Buyer confirming the Goods, the Price, payment details and delivery details
2.2 “Buyer” means the company, firm, body, person or otherwise purchasing the Goods
2.3 “Seller” means John Moore (Sports) Limited of 13 Argyle Street, Bath, BA2 4BE, trading as JMS Rugby
2.4 “Goods” means the goods which the Buyer agrees to purchase from the Seller
2.5 “Price” means the price for the Goods (including VAT, where applicable)
2.6 “Order” means an order that is placed by the Buyer through the Website in respect of the Goods
2.7 “Website” means JMS Rugby’s Website at www.jmsrugby.co.uk
3.1 The terms and conditions set out in this document shall apply in respect of any sale of goods by the Seller to the Buyer and all other terms and conditions including any terms or conditions which the Buyer may attempt to apply under any confirmation or purchase order or similar document is and shall hereby be excluded
3.2 A variation to these Conditions shall not apply unless agreed to in writing by the Seller
3.3 Any Order received by the Seller from the Buyer is and shall be deemed to be an offer by the Buyer to purchase goods only under these Conditions
3.4 A Contract is formed between the Seller and the Buyer upon Acceptance by the Seller
3.5 An Order by the Buyer shall be conclusive evidence of the Buyer’s acceptance of these terms and conditions
4.1 The Price is the price that is published on the Web Site as at the time that the Order is placed
4.2 The Price is confirmed upon Acceptance
4.3 If there is a difference between the Price at the time that the Order is placed and the Price at Acceptance, the Seller will notify the Buyer as soon as reasonably practicable. The Buyer will have the right to cancel the Order in these circumstances (see Clause 7 below)
5.1 Goods will be despatched to the Buyer upon full payment of the Price and the delivery charges
5.2 The Seller accepts payment by credit or debit card, including Visa, Mastercard, Maestro and Delta
6.1 Acceptance is subject to the availability of the Goods
6.2 In the event that any ordered Goods are not available, the Seller will notify the Buyer as soon as reasonably practicable after receipt of an Order
6.3 If the delay is prolonged or if the product is unavailable, the Seller shall refund the Price to the Buyer by crediting the credit or debit card from which the payment was taken as soon as reasonably practicable or within 30 (thirty) days
7.1 In accordance with the Distance Selling Regulations 2000, the Buyer may cancel the Order up to 14 (fourteen) working days following delivery
7.2 Cancellations must be given in writing, by post, fax or email
7.3 If any Goods have been delivered, they must be returned to the Seller unused and in their original packaging to the following address:
27 High Street
7.4 Goods are returned at the Buyer’s cost and risk
7.5 Upon cancellation of an Order, the Seller shall refund the Price to the Buyer by crediting the credit or debit card from which the payment was taken;-
7.5.1 as soon as reasonably practicable or within 14 days, or
7.5.2 If the Goods have been delivered, the later of 14 days from receipt of a cancellation in accordance with Clause 7.2 above or return of the Goods pursuant to Clause 7.3 above
Exception to the Right to Cancel
8.1 Unless the parties have agreed otherwise or the goods are faulty, the Buyer will not have the right to cancel the Order for the supply of Goods made to the Buyer's specifications or clearly personalised or which by reason of their nature cannot be returned.
9.1 If the Buyer is not completely satisfied with the Goods, he may return the Goods in their original packaging and unused to the address at Clause 7.3 above within 14 days of delivery
9.2 The Seller will either replace the Goods or will refund the Price (excluding delivery charges) to the Buyer by crediting the credit or debit card from which the payment was taken as soon as reasonably practicable or within 30 days from receipt of the Goods pursuant to Clause 7.3 above
9.3 Delivery charges will not be refunded unless the Goods are defective or faulty
9.4 Goods are returned at the Buyer’s cost and risk
9.5 In the case of defective or faulty Goods (to be agreed by the Seller), the Seller will either replace the Goods or will refund the Price of the Goods and the delivery charge
9.6 The Seller shall not be liable for any defective or faulty Goods arising from fair wear and tear, wilful damage, negligence, abnormal usage conditions, failure to follow manufacturer’s instructions, misuse, alteration or repair of the Goods
9.7 Any refunds will be given within 30 (thirty) days from the date that the Goods are received by the Seller
10.1 The Goods shall be delivered to the address provided by the Buyer when placing the Order
10.2 The Seller shall aim to deliver the Goods within 7 (seven) working days from Acceptance, although time is not of the essence for delivery. If, for any reason, the Seller is not able to deliver the Goods within the 7 (seven) working days, then it shall endeavour to notify the Buyer as soon as reasonably practicable
10.3 If the Buyer's delivery address is outside of the UK, the delivery period will be longer. As an approximate guide we will aim to delivery Goods to delivery addresses in Europe within 14 (fourteen) working days from Acceptance and to addresses worldwide within 21 (twenty-one) working days from Acceptance. If the Buyer's delivery address is outside of the UK, it may also occur that the Buyer may have to pay import duties & taxes, which are imposed once a shipment reaches the Buyer's country. The Buyer will have to meet any additional charges for customs clearance. The Buyer should contact his/her customs office for more information. International shipments may furthermore be subject to cross-border inspections by customs authorities.
10.4 A signature may be required upon delivery.
10.5 The Seller may deliver the Goods by separate instalments. Each separate instalment shall be paid for in accordance with the provisions of these Terms and Conditions. Each instalment shall be a separate contract and no cancellation or termination of any one contract relating to an instalment shall entitle the Buyer to repudiate or cancel any other contract or instalment.
10.6 The Seller shall not be liable for any loss or damage whatsoever whether due to failure by the Seller to deliver the Goods (or any of them) within 7 (seven) days or at all.
Limit of Responsibility
11.1 The Seller shall have no liability to the Buyer whatsoever in respect of any loss or expense (including loss or profit) whether direct or indirect suffered by the Buyer arising out of a breach by the Seller of this Contract.
11.2 Any Warranties and Conditions which may be implied by Statute or otherwise are to the extent allowed by the law excluded from this contract provided that nothing in this contract shall restrict or exclude liability for death or personal injury caused by the negligence of the Seller or affect the Statutory Rights of a Buyer dealing as consumer.
Neither party shall be liable for any default due to any act of God, war, strike, lock out, industrial action, fire, flood, drought, tempest or other event beyond the reasonable contract of either party
13.1 This contract is subject to the Law of England and Wales
13.2 All disputes arising out of this contract shall be subject to the jurisdiction of the Courts of England and Wales
The Seller is committed to protecting customers’ privacy and will never sell personal information provided to it through the Website or share it with third parties.
The contents of this Web Site are protected by copyright. Persons may only view this site or print pages from it for the purpose of ordering Goods from the Seller. All other use is prohibited without the prior written consent of the Seller.