1. Orders In clicking on our "PURCHASE" button for the second time and placing an order, you are making an offer to purchase the Product(s) you have specified in your shopping basket. All orders are subject to acceptance by Middlesbrough FC. Middlesbrough FC will confirm that your order has been accepted by sending an email to you at the email address which you provide on your order form. Any acceptance of your order by Middlesbrough Football Club is subject these conditions of sale and to the availability of stock. Middlesbrough FC reserves the right to withdraw any Products from the Middlesbrough FC Shop and may, in its sole discretion, refuse to process an order for any reason at any time. Without prejudice to your statutory rights as a consumer under English law, Middlesbrough FC will not be liable to you or a third party by reason of Middlesbrough FC withdrawing any Product or refusing to process any order.
2. Availability Although Middlesbrough FC endeavours to ensure that all Products are in stock, occasionally, some Products may be temporarily out of stock or sold out earlier than anticipated due to unexpected demand. Where any Product ordered is out of stock, we will inform you of this by telephone or, if you are outside the UK, by email, and, if possible, offer you alternative Products. Unless you choose to accept the alternative Product or Products offered to you, any sum debited by Middlesbrough FC from your credit card will be re-credited to your account and Middlesbrough FC will notify you by email at the email address you provide in your order form. The refund will be made as soon as possible and, in any event, within 30 days of the telephone call or the email from Middlesbrough FC informing you that Products are out of stock.
3. Price and Payment All prices are inclusive of UK VAT at the current rates. Except in the case of manifest error, the prices payable for Products that you order are as set out on the Website at the time at which we accept your order. The total cost of your order is the price of the Products ordered plus the relevant delivery costs. Payment must be made in £ sterling and may be made by Mastercard, Visa, American Express, Electron, Solo or Switch cards. You confirm that the credit/debit card which is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. Middlesbrough FC reserves the right to refuse credit card payments in its reasonable discretion.
4. Description of Products The Products depicted in the Middlesbrough FC Shop are as seen. The reproduction of colours and styles are as accurate as photographic and image processing will allow. Neither Middlesbrough FC nor De Facto 823 Limited accepts responsibility for slight variances in colour and style.
5. Cancellation and Returns You may cancel your order in relation to any unwanted Products at any time up to 14 days after receipt of the relevant Products provided you return the unwanted Products to us within that time. This right to cancellation of orders does not apply to Products which have been damaged or tampered with or to custom-printed shirts or items which have been otherwise personalised. Furthermore if a player changes his number at any time MFC cannot offer a refund or exchange on the the shirt (this does not effect your statutory rights). You do not need to give Middlesbrough FC a reason for cancelling your order nor will you have to pay a penalty. To cancel your order, you must give notice in writing of the cancellation of your order to Middlesbrough FC at the Middlesbrough FC returns address. Please provide details so that we can identify both you and your order (including, if possible, details of your order number as set out in the purchase confirmation emailed to you). You may, if you wish, use the cancellation notice set out in the email which was sent to you to confirm Middlesbrough FC's acceptance of your order, and email it to us. If you have received the Products before you cancel your order then, unless you have lost your right to cancel because you have damaged or tampered with the Products, you must send them back to the Middlesbrough FC returns address by registered post together with details of your order at your own cost and risk. If you cancel your order but Middlesbrough FC has already processed the Products for delivery, you must not unpack the Products when they are delivered to you and you must send them to the Middlesbrough FC returns address by registered post together with details of your order at your own cost and risk. If the Products which Middlesbrough FC delivers to you are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity ("Defective Products") and you do not wish to keep them, you must notify Middlesbrough FC in writing at the Middlesbrough FC returns address of the problem and return the Defective Products by registered post in an unused/unworn state within 14 days of delivery. Provided that you have notified Middlesbrough FC that you are cancelling your order or that you are returning Defective Products (as the case may be) in accordance with these conditions of sale, any sums debited by Middlesbrough FC from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of receipt by Middlesbrough FC of the notice of cancellation or the notice of return of Defective Products (as the case may be).
6. Delivery Middlesbrough FC will deliver the Products ordered by you to the address which you give for delivery at the time you make your order. The costs of delivery from time to time are as displayed on the website at the time at which you place your order. Delivery will be made as soon as possible but please allow 28 days for delivery. If you do not receive goods ordered by you within 28 days of the date on which you ordered them, Middlesbrough FC shall have no liability to you unless you notify Middlesbrough FC in writing at the Middlesbrough FC returns address of the problem within 40 days of the date on which you ordered the goods. Unless you have cancelled your order prior to delivery, you will become the owner of the Products once they have been delivered to you. In any case, after delivery they will be held at your own risk and Middlesbrough FC will not be liable for any loss, damage or destruction to the Products except insofar as it arises from an inherent defect in any of the Products.
7. Liability UNLESS AGREED OTHERWISE IN WRITING, EACH OF DE FACTO 823 LIMITED'S AND MIDDLESBROUGH FC'S MAXIMUM LIABILITY TO YOU ARISING BY REASON OF OR IN CONNECTION WITH THE SUPPLY OF THE PRODUCT TO YOU SHALL BE LIMITED TO THE AMOUNT PAID BY YOU (INCLUDING DELIVERY COSTS) IN RESPECT OF THE PRODUCTS IN QUESTION ("PAYMENT AMOUNT"). NEITHER MIDDLESBROUGH FC NOR DE FACTO 823 LIMITED, SHALL IN ANY EVENT BE LIABLE TO YOU FOR: (I) ANY DIRECT LOSS IN EXCESS OF THE PAYMENT AMOUNT; OR (II) ANY LOSS OF PROFITS, BUSINESS OR ANTICIPATED SAVINGS OR LOSS OF OR CORRUPTION TO DATA OR ANY OTHER INDIRECT LOSS OR CONSEQUENTIAL LOSS WHATSOEVER EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. NOTHING IN THESE CONDITIONS OF SALE SHALL EXCLUDE OR LIMIT THE LIABILITY OF MIDDLESBROUGH FC FOR DEATH OR PERSONAL INJURY DUE TO ITS NEGLIGENCE OR FOR ITS FRAUD. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER UNDER ENGLISH LAW.
8. Data Protection Middlesbrough FC and [De Facto 823 Limited] undertake to comply with all applicable Data Protection legislation from time to time in force under English law. When you place an order on the Website, De Facto 823 Limited and Middlesbrough FC considers the information which you input to be private and will use the information only in order to process your order, for statistical purposes to improve the Website and the services to you, to administer the Website, and to notify you of products or other information which may be of interest to you relating to Middlesbrough FC.
9. Force Majeure Middlesbrough FC shall have no liability to you for any delay or failure to deliver the Products to the extent that such delay or failure to deliver arises from causes beyond the reasonable control of Middlesbrough FC including, but not limited to, fire, floods, acts of God, acts or regulations of any governmental or supranational authority, war, riot, strike, lock-out and industrial disputes.
10. Waiver No waiver by us shall be construed as a waiver of any rights or remedies, or any subsequent breach of any provision of these Conditions of Sale.
12. Third Party Rights (a) Clause 8 of these Conditions of Sale confers a benefit on [De Facto 823 Limited] and is intended to be enforceable by De Facto 823 Limited by virtue of the Contracts (Rights of Third Parties) Act 1999. (b) Except as provided in 13(a), a person who is not a party to the contract governed by these Conditions of Sale has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Conditions of Sale but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
13. Third Party Rights These Terms and Conditions shall be exclusively governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.