Terms & Conditions.
THE BORING BUT IMPORTANT STUFF...
Terms and Conditions for Consumers
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND KEEP A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE
1. Format of the Contract
1.1 These terms and conditions apply to CONSUMERS ONLY and do not apply to goods purchased for commercial use by organisations such as businesses and educational or government establishments.
1.2 These terms of sale apply to all goods supplied by Awesome Airsoft, whose registered Address is at 25-27 Tib Street, Manchester, Greater Manchester, M4 1LX.
1.3 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Acceptance of your order will be communicated to you by way of email at the point of dispatch of the products. Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time the Supplier sends the e-mail to you (whether or not you receive that e-mail).
1.4 By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until the Supplier has shipped your order.
1.5 The contract is subject to your right of cancellation (see below).
1.6 The Supplier may change these terms of sale without notice to you in relation to future sales.
2. Description and price of the goods
2.1 The description and price of the goods you order will be as shown on the Supplier's website at the time you place your order.
2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.3 Every effort is made to ensure that prices shown on the Supplier's website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.4 In addition to the price, you may be required to pay a delivery charge for the goods.
2.5 The Supplier warrants that the goods will at the time of delivery correspond to the description given by the Supplier. It is your responsibility to check the compatibility and suitability of goods for any particular purpose before ordering. The Supplier reserves the right to make without notice such minor modifications in specifications, designs or materials as it may deem necessary or desirable by experience.
3.1 Payment for the goods and delivery charges can be made by any method shown on the Supplier's website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be of the essence.
3.2 There will be no delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
4.1 The goods you order will be delivered to the address you give when you place your order, order details cannot be changed once the order has been placed. Orders will be shipped to your billing address unless you are using our UPS access point service or unless otherwise agreed between the customer and retailer.
4.2 Orders placed before 2:00 pm (GMT), on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.) We do not offer Saturday deliveries. If you order on a Friday it will be a Monday delivery (next working day).
4.3 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier, the Supplier may:
4.3.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
4.3.2 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
4.4 If you fail to take delivery because you have cancelled your contract under the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 the Supplier shall refund or re-credit you within 14 days for any sum that has been paid by you or debited from your credit card for the goods, less any expenses incurred for failed delivery.
4.5 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.
4.6 Time for delivery shall not be of the essence. The goods may be delivered by the Supplier in advance of the quoted delivery date.
4.7 Upon receipt of your order you will be asked to sign for the goods received in good condition. If you are unable to check the contents of the package at that moment in time please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.
4.8 You shall report any damage or shortage to the Supplier in writing within 2 working days of delivery. Provided prompt notice of transit damage or loss is given and provided it is proved to the Supplier’s satisfaction that such damage occurred in transit, the Supplier will refund, repair or replace such goods free of charge to you.
4.9 It is the responsibility of the purchaser to ensure the legality of importation into their own country. Awesome Airsoft cannot accept any responsibility whatsoever if the goods ordered are seized by Customs officials or airport authorities in ours or any other country. If goods are seized, destroyed, damaged through inspection or confiscated in any instance, we accept no responsibility and will offer no form of refund or credit. If the goods are returned to us by the seizing authority, we will refund your payment for the goods (not the shipping cost) less any fines or charges imposed by that authority for the handling and return of said goods. We will issue the refund only WHEN the goods are received and checked by ourselves.
5.1 The goods are at your risk from the time of delivery.
5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
5.2.1 The goods, and
5.2.2 All other sums which are or which become due to the Supplier from you on any account.
5.3 The Supplier shall be entitled to recover payment for the goods not withstanding that ownership of any of the goods has not passed from the Supplier.
6. Right to Cancel
6.1 The terms and conditions of sale detailed below are provided for your information, in line with legislation contained in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. This legislation covers items bought where there is no direct contact between the Supplier and the consumer. It does not apply where goods are bought for business use, from showrooms, fairs or exhibitions.
6.2 You have the right to cancel this contract within 30 days without giving any reason.
6.3 The cancellation period will expire after 30 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
6.4 To exercise the right to cancel, you must inform us [Awesome Airsoft, 25 Tib Street, Manchester, Greater Manchester, M4 1LX; Tel: 0161 834 1818] of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, or e-mail).
6.5 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.
7. Effects of Cancellation
7.1 If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
7.2 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
7.3 We will make the reimbursement without undue delay, and not later than
(a)14 days after the day we receive back from you any goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
(c) If there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
7.4 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.
7.5 We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
7.6 You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
7.7 You will have to bear the direct cost of returning the goods
7.8 You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
8.1 All goods supplied by the Supplier are warranted free from defects for 6 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
8.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier's instructions, or any alteration or repair carried out without the Supplier's approval.
8.3 If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing via the e-mail address or Tel: 0161 834 1818 within 2 working days.
8.4 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing via the e-mail address or Tel: 0161 834 1818 as soon as possible, but in any event within 7 days of the date you discovered or ought to have discovered the damage, defect or complaint.
9. Limitation of Liability
9.1 The Supplier's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the goods.
9.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier's negligence or fraudulent misrepresentation.
10. Data Protection
10.1 Every online purchase you make from our store is a secure transaction. Our site uses the strongest commercially available level of encryption, 128-bit Secure Socket Layer (SSL). This ensures that your transactions are secure and your information cannot be hi-jacked or redirected to anyone but us. However, as no data transmissions over the Internet can be guaranteed to be 100% secure, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.
10.2 Save as provided below, we will not sell, distribute or disclose information about you as an individual or your personal usage of the Site (‘Information’) without your consent or unless required or permitted to do so by law. The Information we gather may include name, delivery address, credit or debit card number and expiry date, email address, telephone number, and any personal preferences.
10.6 We may use the Information we gather to notify you about important functionality changes and alterations to the Site, or offers of products, services or information that might be of particular interest to you. Your information may also be transferred to another company in the event of sale of our company to a third party. In that event, we will endeavour to ensure that your rights and freedoms in respect of the processing of your personal data are adequately and appropriately protected. By submitting your Information and ticking the requisite boxes on any order form or when subscribing to the services available on our Site, you consent to such use and transfer. If at any time you wish to stop receiving our newsletter or any other information you may have requested from us or any other company, please email or write to us at our registered address.
11. Applicable Law
These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.
Product images are for illustrative purposes only.
Promotional items not claimed within 3 months of ordering may be lost, no alternative will be offered in such circumstances.
14. Age Restrictions
You agree to be of legal age to purchase and/or use any product that must adhere to official or recommended age ratings. Please note that you must be 18 years or over and be a registered skirmisher / re-enactor to purchase RIF's from the Awesome Airsoft online store.
15. Force Majeure
The Supplier will not be under any liability what so ever in the event that the Supplier is prevented or delayed from supplying or making delivery of any goods by any reason or cause beyond the Supplier’s control. These events include acts of God, civil commotion, riots, flood, drought, fire, legislation or any acts by third party companies or individuals not either under contract to or employed by the Supplier.
(see 10.5) Most browsers are automatically set to accept cookies. But, if you wish, you can configure your browser to restrict cookies or block all cookies by changing your browser settings. If you wish to block all cookies you may experience difficulties in the operation of our website.
By purchasing smoke or pyrotechnics from Enola Gaye I understand the conditions of sale & use. Awesome Airsoft reserve the right to share information if contacted by the police should misuse of these products take place.
It is illegal to use smoke grenades or any form of pyrotechnics in sports stadiums in the UK. Over 18 use and supply only. Do not use products indoors or in confined areas. Smoke can cause breathing difficulties. Do not use pyrotechnics in public places unless permission is sought. Do not use pyrotechnics in locations which could create panic or concern.
I have read and understand that Enola Gaye pyrotechnics can only be used in controlled areas or on private land and can confirm that I understand these conditions.
25 - 27 Tib Street
Last Updated: 23/01/2019