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Terms & Conditions

This is our 'small print' but it might not be as small as you expect.

Introduction

1.1 The following terms and conditions relate to goods which you are offering to purchase from Function18.com (“our/this website”). Please read the terms and conditions carefully as they preside over your usage of this website. We will be incapable to process any offer to purchase goods until you have done so. If there is anything written in the terms and conditions you do not understand feel free to email us at info@function18.com or phone us on +44 (0)1254 814426.

1.2 By making an offer to purchase you agree to be obliged to fill the provisions of the agreement between you and us. If you do not agree to these provisions do not place an order.

1.3 You must be at least 16 years of age to register for this service. By submitting an order, you confirm that you are at least 16 years of age and that you accept these terms and conditions of purchase.

1.4 We reserve the right to change these terms and conditions at any time and are not under any requirements to advise you of these changes.

Your agreement with us

2.1 These terms and conditions, together with the order form, invoice/receipt and ‘Privacy Policy’ constitute the entire agreement between you and us relating to the provision of the goods you have offered to purchase and supersede any previous agreements or proposals written or aural between us in relation to this and all past courses of dealing or industry custom.

2.2 Nothing on our website (“Function18.com”) is intended to mean that we are making a legal offer to you to provide the goods, we are inviting you to make a legal offer to us for you to purchase the goods. It is entirely at our discretion to reject or accept your offer of purchase.

2.3 This agreement is only agreed when we have accepted your offer to purchase the goods and have sent you an invoice or receipt that includes the date of the agreement being accepted which will be the date shown on said invoice or receipt.

General

3.1 All prices on the website are given in UK pounds sterling and are inclusive of VAT. (Note: We only accept payment in UK Pounds Sterling.) Non UK and Channel Islands customers please note that we are a UK registered company and as such charge VAT on all transactions.

3.2 Our agreement of your offer to purchase goods is entirely subject to their availability. Our acknowledgment of order acceptance via e-mail or web is not a guarantee of delivery. We will inform you of our inability to deliver the goods you have offered to purchase and provide a full refund. In the event we are unable to fulfil only part of your order we will take the amount of the whole order from your credit card and on dispatch a full refund for the unavailable goods will be made.

3.3 Every effort has been made to provide accurate descriptions and prices of the goods we sell. In the event of an error of pricing or description we will inform you as soon as possible. If we were to notify you of such an error you will have two options (a) confirming your offer to purchase subject to the amended price or description or (b) cancelling your offer to purchase and receive a full refund for any goods that may have already been purchased.

3.4 Payment can be made using any of the methods listed on this website (“Function18.com”) and will be debited from your account or card when we have accepted your offer to purchase goods from us.

Returns policy

4. At Function18.com we want you to be completely satisfied every time you shop with us online. With this in mind we have tried to make our returns policy as simple as possible. Returns details are specified in our ‘Returns’ information section.

Delivery

5. All deliveries will be dealt with in accordance with the details specified in our ‘Delivery’ information section.

Payment options

6.1 We currently accept the following methods of payment.

Credit cards -

MasterCard
VISA
American Express

Debit cards -

Visa Debit / Delta
Electron
Switch / Maestro

Paypal

6.2 Payment may be made by any of the methods above and will be debited when we dispatch your Goods. The total amount you pay is the same, regardless of the payment method you use. Payment will be processed using the services of Sagepay, Worldpay and NatWest Bank PLC.

Indemnity

7. You agree to indemnify, defend and hold harmless function18.com, owners, employees, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of the services Function18.com provides, your breach of the Terms of Service, your violation of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.

Your right to cancel this agreement

8.1 Subject to the Distance Selling Regulations, you have ten days from the Commencement date (“cooling off period”) in which to cancel this agreement if you, for any reason, are unsatisfied with the goods which you have received. This period begins the day after your goods have been delivered.

8.2 If you wish to cancel your agreement you must notify Function18.com of this fact in writing and send your notification to us via e-mail or post. Contact details may be found below.

8.3 Upon cancellation of the agreement you are obliged to return the goods we have delivered to you. Upon receipt of the returned goods we will exchange the goods or will issue you a refund of the full price you paid for the goods. You should return all goods in accordance with our ‘Returns Policy’.

Limitations of liability

IMPORTANT: THIS CLAUSE 9 CONTAINS PROVISIONS WHICH LIMIT THE EXTENT TO WHICH WE ARE LIABLE TO YOU FOR ANY LOSS YOU MAY SUFFER IN ASSOCIATION WITH THE GOODS. PLEASE READ IT CAUTIOUSLY AND DO NOT MAKE AN OFFER TO PURCHASE THE GOODS UNLESS YOU AGREE TO THIS CLAUSE.

9.1 Nothing in these terms and conditions is intended to exclude any provision of the Unfair Contract Terms Act 1977, or of the Unfair Terms in Consumer Contracts Regulations 1999, or of any other legislation designed to ensure that the rights of parties to a contract of the type of this agreement (i.e. standard terms and conditions which are not individually negotiated) are fairly balanced.

9.2 Subject to the aforesaid, we shall not be liable to you for any loss or damage unless such loss or damage arises as a direct result of our negligence, recklessness or willful misconduct, or fraud or misrepresentation on our part.

9.3 To the fullest extent permitted by applicable law, we disclaim all liability for our employees' or sub-contractors' negligence.

9.4 All conditions, terms, representations and warranties relating to the Goods which are not expressly stated in this agreement are hereby excluded to the fullest extent permitted by law.

9.5 Our total liability to you in respect of any claim by you arising out of or in connection with the provision (or the failure to provide) the Goods shall be limited to the value of the goods supplied.

9.6 No claim by you against us shall be valid unless you have notified us of the details of the claim within one year of it arising.

9.7 Every provision of this clause 9 excluding or limiting liability shall be construed separately, applying and surviving even if for any reason any of these provisions is held inapplicable or unenforceable in any circumstances, and shall remain in force notwithstanding the expiry or termination of this agreement.

Contact details

10. If you have any questions or problems with these terms and conditions or any other aspect of Function18.com, or if you have a complaint you can call us on +44 (0)1254 814426 or contact us by email info@function18.com. You may also contact us in writing at -

Function18.com, Unit 1 Hawkshaw Business Park, Longsight Road, Clayton Le Dale, Lancashire, BB2 7JA - UK.

We aim to respond to any communication received as quickly as possible.

Jurisdiction and law

11. Upon entering www.function18.com you are bound by these Terms & Conditions. The agreement shall be governed by and construed in accordance with English law and you agree to submit to the non-exclusive jurisdiction of the English courts. You are responsible for compliance with any applicable laws of the country from which you access our website. Any dispute related in any way referable to the content of this site in respect of trademarks, copyright or image content shall be resolved exclusively by discussion of the terms of which are to be agreed between Function18 and yourself. All matters regarding the use of image or text displayed anywhere on the Function18 site, its newsletters or adverts are to be directed to info@function18.com. Use of images or text without prior consent from Function18 and its owners will lead to legal action.

Privacy policy

12.1 At Function18.com we are committed to maintaining your privacy. Our privacy policy statement is given below. If we make changes to this policy, we will notify you by updating this statement on our website.

WHAT INFORMATION DO WE COLLECT?

12.2 We may ask for your age, name, telephone number, home address, email address, shoe and glove size for our competitions, prize draws or membership sign ups. When a purchase is made on our site, in addition to the above, we also ask for delivery address and payment method details. We may obtain information about your usage of our website to help us develop and improve it further.

WHAT THE DATA WILL BE USED FOR?

12.3 Your data will enable us and our processors, to fulfil your order and to notify you about important functionality changes.

12.4 We will also send you email newsletters from time to time to inform you about our products, services, promotions and special offers from function18.com. If you do not wish to receive email newsletters simply unsubscribe from the email at any time or send an email to our customer services division on info@function18.com in each case writing "unsubscribe" in the subject heading.

12.5 We comply with the standards, procedures and requirements laid down in the UK Data Protection Act to ensure that the personal information you give us is kept secure and processed fairly and lawfully.

12.6 We may from time to time make our mailing list available to other reputable companies whose products and services may be of interest to you. You can opt out at any time by checking the third party opt-out box in any of the areas where your details are requested on the website or by sending an email to our customer services division on info@function18.com writing "unsubscribe" in the subject heading. You may unsubscribe from the mailing list of any third parties which have already sent you information or material by clicking on the appropriate unsubscribe link within the newsletter or by sending an email to our customer services division on info@function18.com and writing "unsubscribe 3rd Party" in the subject heading.

12.7 In assessing your request for goods or services, we may use your information for the purposes of the prevention and detection of fraud. One of the purposes for which we may disclose your address and postcode details is to check against the IMRG Security Alert or any other Fraud Prevention Scheme. At all times where we disclose your information it will remain secure.