Shop Terms & Conditions

by admin

Please read all terms and conditions

As we can only accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that you want and nothing that you are not happy with. If you not sure about anything, please phone us on +44 (0) 20 3740 4088 (option #2) before proceeding with your purchase.

Application and Definitions

  1. We are Baden Knifton trading as Onyx Snowboarding of 15 Manor Road, Donnington Le-Heath, Leicester, LE67 2FU with email address info@onyxsnowboarding.com; telephone number +44 (0)20 3740 4088 (option #2); (the Supplier, or us or we or Onyx);
  2. These Terms and Conditions will apply to the purchase of the Goods by you (the Customer or you) meaning the person or persons visiting one of our websites or purchasing or agreeing to purchase goods from Onyx Snowboarding. Whether executed online, by e-mail, fax, telephone, in person or by post;
  3. These are the terms on which we sell all Goods to you. By using any of our websites or ordering any of the Goods from us, you agree to be bound by these Terms and Conditions. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on a button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old;
  4. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
  5. Contract means the legally-binding agreement between you and us for the supple of the Goods;
  6. Delivery Location means the Supplier’s premises or other locations where the Goods are to be supplied as set out in the Order;
  7. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enable the recipient to store the information in a way accessible for future reference for a period the is long enough for the purposes of the information and allows the unchanged reproduction of the information stored;
  8. Goods means the goods advertised on the Website that we supply to you of the number and description set out in the Order;
  9. Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
  10. Privacy Policy means the terms which set out how we will deal with confidential and personal information received for you via the Website;
  11. Website means our website onyxsnowboarding.com on which the Goods are advertised and all other domains owned by us.

Goods

  1. Goods are sold singly unless otherwise stated.
  2. The description of the Goods as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied. Specifications of the Goods are checked to the best of our ability and, whilst every effort have been made to make them accurate, no responsibility will be accepted for errors or omissions.
  3. We reserve the right to alter specifications of the Goods without notice. Furthermore we can make changes to the Goods which are necessary to comply with any applicable law or safety requirements without notice.
  4. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification your provide is accurate. You will not be able to cancel your order or to return the Goods for a refund after the work has begun. As such you forgo your right to cancel your order.
  5. All goods that appear on the Website are subject to availability.

Basis of Sale

  1. The description of the Goods in our website does not constitute offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
  2. The order is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
  3. A Contract will be formed for the sale if Goods ordered only when you received an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accusation and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an order you agree to us giving you confirmation of the Contract by means of an email with all the information in it (ie the Order Confirmation). You will received the order confirmation within a reasonable time after making the contract, but in any event not later that the delivery of any Goods supplied under the Contract.
  4. No variation of the Contract, whether about description of the Goods, Fees or otherwise. can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
  5. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might in some respects, be better for you, eg by giving you rights as a business.

Prices

  1. The price of the Goods and any additional delivery or other charges is that set out on the website at the date of the Order or such other price as we may agree in writing.
  2. Prices and charges include VAT at the rate applicable at the time of the Order.
  3. All prices, invoices, transactions and receipts will be in £ Sterling.
  4. It is the policy of Onyx Snowboarding to offer the Goods at the most reasonable price possible, however, if due to circumstances beyond our control we deem it necessary to alter any advertised price, special offer or promotion, we reserve the right to do so without prior notice.
  5. Where applicable, all recommended retail prices (RRPs) are those provided by the manufacturers or distributors of the Goods in question.

Payments

  1. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
  2. All credit card transaction must be authorised by the card issuer.
  3. If the issuer of your card refuses to authorise payment to us or if validation of your card is not immediately available, we will no be liable for any delay and/or non-delivery of your Order.
  4. We reserve the right to:
    1. Conduct our own enquiries into the validity of any credit or debit card payment and/or use the services of an agent in doing so.
    2. Restrict delivery to the cardholder’s address
    3. Decline any transaction or sale for any reason whatsoever without declaring the reasons for such action.
    4. Delay shipments until satisfied as the authenticity of any payment via whatever means.
    5. All Goods supplied to you remain the property of us, until final payment of all sums owing in respect of those goods has been received in full by us.
    6. Gift vouchers can not be traded commercially and can only be used by the voucher purchaser or original intended recipient.

Delivery

  1. The Goods will be delivered to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the contract was entered into.
  2. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the contract at and end if:
    1. we have refused to deliver the Goods, or if deliver on tie is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on was essential; or
    2. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
  3. If you treat the contract at an end, we will (in additional to other remedies) promptly return all payments made under the Contract.
  4. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us.
  5. Isle of Man and Channel Islands. If however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.

Acceptance of Parcels and Risk

  1. All Goods will be delivered to the Delivery Location, that you have provided, and not necessarily to you in person.
  2. The goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practical, examine the Goods before accepting them.
  3. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered.
  4. If someone else signs for or otherwise accepts your parcel, the parcel will be deemed to have been delivered and no claim for none delivery will be accepted.
  5. If the Delivery Location is a BFPO, block of flats, a university halls of residence, a house of multiple occupancy or a place of work it will be up to you to receiver the Goods from whoever signed for it.
  6. All deliveries must be accepts upon presentation by our delivery agents, even if you no longer want the products.
  7. Refusal to accept delivery of the Goods will render you liable for return delivery charges which can be substantial.
  8. If you or your nominee fail, through no fault of ours, to take delivery of The Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them. Re-delivery or redirection may be possible at additional cost.
  9. If there is a problem with the Goods you are receiving, please still accept the Goods. Ask the delivery agent to records the nature of the problem and contact us so we can attempt to resolve the issue for you.
  10. Damage caused in transit can only be claimed if the damage is reported to the carrier upon acceptance and/or signing for the Goods.

Withdrawal, Returns and Cancellation

  1. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without going us a reason, and without incurring any liability.
  2. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
    1. goods that are made to your specifications
    2. goods which are liable to deteriorate or expire rapidly
    3. goods and services worth £42.00 or less
  3. Also the Cancellation Rights for a Contact cease to be available in the following circumstances:
    1. in the case of any sales contract, if the Goods become inseparably (according to their nature) mixed with other items after delivery.

Right to cancel

  1. Subject as stated in these Terms & Conditions, you can cancel this contract within 14 days without giving any reason whatsoever.
  2. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
  3. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting our your decision (eg a letter sent by, post or email). In any event, you must be able to show clear evidence of when the cancellation was made.
  4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation in the cancellation period

  1. Except as set out below, if you cancel this contract, we will reimburse you all payments received from you, including the costs of delivery (except for the supplementary costs arriving if you choose a type of delivery other than the least expensive type of standard delivery offered by us).

Deductions for goods supplied

  1. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary nailing by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods, eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are able for that loss and, if that deduction is not made, you must pay us the amount of that loss.

Timing of reimbursement

  1. We will make the reimbursement without undue delay, and not later than 14 days after the day we receive back from you any Goods supplied.
  2. If no Goods were supplied the we will make the reimbursement without undue delay, and not later than 14 days after the day on which we were informed about your decision to cancel this Contract.
  3. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Right to cancel

  1. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at 15 Manor Road, Donington Le-Heath, Leicester, LE67 2FU, UK, without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you have to bear the costs of returning the Goods.
  2. For the purposes of Cancellation Rights, there words have the following meanings:
    1. distance contact means a contract concluded between the trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the reader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded.
    2. Sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity

  1. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation:
  2. Upon delivery the Goods will:
    1. be of satisfactory quality
    2. be reasonably fit for any particular purpose for which you but the Goods which, before the Contract is made, you made known to us (unless you actually rely, or it is reasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract, and
    3. conform to their description
  3. It is not a failure to conform if the failure if the failure has its origin in your materials.

Successors and our sub-contractors

  1. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. the Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Force Majeure

  1. We will not be liable for the non-performances of our obligations caused by or resuming from industrial disputes or nay other circumstances beyond our reasonable control including but no limited to: acts of God, riots, civil commotion or unrest, flood, fire, extreme weather, disease, epidemic, pandemic or legislation.
  2. If by any such circumstances it shall become impossible within a reasonable time for us to wholly or partly supply the Goods in the Contract, then liability with be limited to the value of the Goods together with any associated delivery charge.
  3. In the event of any failure by a party because of something beyond its reasonable control:
    1. the party will advise the other party as soon as reasonably practicable; and
    2. the party’s obligations will be suspended so far as is reasonable, provided that the party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s rights relating to the delivery and any right to cancel, below.

Website Use

  1. No liability is accepted for third party websites linked to or from or accessible through our website, nor do we approve or endorse the contents of any such sites.
  2. The entire contents of our websites are copyrighted with all rights reserved and remain the property of Onyx Snowboarding.
  3. Copying and storage of this web site for permanent use or incorporation and reproduction whether for new media or paper use is strictly prohibited.
  4. You may download or print selections of this web site if only used for your personal information and not for reproduction.
  5. You agree that information or material accessed or downloaded through our web pages for personal or private use is done so entirely at your own risk and that you accept responsibility for any damage to hardware or software or data loss even if we are aware of the possibilities of such damage.
  6. Information supplied on our web pages is for guidance only and does not in any part from a contract and may be subject to change without notice.
  7. Reasonable effort is made to ensure we provide accurate and current information on our web pages. We are not liable for any incidental, consequential, cumulative, direct or indirect losses or damages from the use or misuse or inability to use, including omissions and misrepresentations and any errors on our web pages

Privacy

  1. Your privacy is critical to us. we respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
  2. These terms and conditions should be read alongside, and are in addition to our policies, including our privacy policy and our cookies policy, both available here.
  3. For the purposes of these Terms and Conditions:
    1. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
    2. ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679
    3. ‘Data controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
  4. We are a Data Controller of the Personal Data we Process in providing Goods to you.
  5. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
    1. before or at the time of collecting Personal Data, we will identify the purposes for which the information is being collected;
    2. we will only Process Personal Data for the purposes identified;
    3. we will respect your rights in relation to your Personal Data, and;
    4. we will implement technical and organisational measures to ensure your Personal Data is secure.
  6. For any enquiries or complaints regarding data privacy, you can e-mail us.

Excluding liability

  1. The supplier does not exclude liability for (i) any fraudulent act or omission,; or (ii) for death or personal injury caused by the negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseen to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or progression which would be suffered by a Consumer – because the Supplier believes the Customer is not buying Goods wholly or mainly for its business, trade, craft or profession.

Governing law, jurisdiction and complaints

  1. The Contract (including any non-contractual matters) is governed by the laws of England and Wales.
  2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer live in Scotland or Northern Ireland, in the course of respectively Scotland or Northern Ireland.
  3. We aim to deal with all complaints as effectively as possible. In the first instance, please email us letting us know your order reference and the issues that you have encountered. In most cases, we can resolve the issue very quickly. If further information is required, we may ask you to provide further detail or images via email.