CUMMINS SPORTS WEBSITE – TERMS AND CONDITIONS
IMPORTANT: PLEASE READ
Thank you for visiting us at Cummins Sports. The following are the terms and conditions for use of the Cummins Sports website (Herein referred to as the “website”) which apply whenever you buy goods from us online. This website is for use by persons who are 18 years and over only. By placing an order you agree to be bound by these terms and conditions.
The terms and conditions applicable to the purchase of Products offered for sale through this Website and the equivalent terms and conditions for sale through Cummins Sports shops and elsewhere shall be mutually exclusive. In particular, promotions and offers advertised on this Website shall not be valid in connection with any purchase through Cummins Sports shops, and promotions and offers available through our shops or elsewhere shall not be valid in respect of Website purchases.
Cummins Sports reserves the right to refuse any order for any reason. Orders may be delayed or cancelled where Cummins Sports is not given completely accurate information. We will acknowledge receipt of your order both online and via an email order confirmation but this does not constitute our acceptance of your offer to purchase. Your offer has been accepted only when we have confirmed that the order has been dispatched and payment has been made.
If you are paying by credit or debit card, we will carry out a standard pre-authorisation check on your card upon receiving your order to ensure there are sufficient funds to settle the transaction. Goods will not be despatched until the pre-authorisation check is complete and authorisation has been provided by the card issuer. Cummins Sports is not responsible for any failure of the card issuer to provide authorisation and your order will not ship until authorisation has been received by Cummins Sports. By placing an order you confirm you are the authorised card holder.
WEBSITE: USE AND SECURITY
Cummins Sports use Realex Payments to collect/process transaction information. The details of your purchase submitted over the internet is protected by Secure Socket Layer (SSL), this is an industry standard technology designed to prevent information in transit over the internet from being intercepted. We may also implement our own security procedures to prevent fraud. We reserve the right to enhance, amend and update our security procedures. Our internal security procedures include the processing of your credit card details through our aforementioned third party credit card payment agents. This processing takes place on a server that is not accessible on the internet. Your information is encrypted for the processing of your transaction. Notwithstanding this, you should be aware that there are certain risks associated with internet communications. You acknowledge that the internet is a media over which we have no control. We expressly disclaim, in so far as legally permissible, responsibility for any loss or damage arising out of the loss or delay of transmissions over the internet. In respect of any other loss or damage suffered or alleged to be suffered, our liability to you shall not, to the fullest extent permissible under applicable law, exceed the value of Goods purchased. You agree to notify us immediately of any unauthorised use or any other breach of security. You agree that you will provide true, accurate, current, complete and non-misleading information on any registration form or as otherwise reasonably requested by Cummins Sports Ltd, (herein referred to as “CS”).
WEBSITE: PRIVACY & DATA USE
If you are provided with a User ID, password or other information as part of our procedures it is your responsibility to treat such information as confidential and not disclose it to any third party. CS reserves the right to disable any User ID or password either chosen by you or allocated to you by CS in the event that CS believes you may have failed to comply with the Terms and Conditions. Any information that we request from you to process your order, register to the site, sign up to newsletters or enter competitions will not be passed on to parties outside Cummins Sports Ltd. See our Website Privacy Statement for more information.
Cummins Sports may contact registered users of the site in relation to the nature of users attempted transactions, even if the transactions are not confirmed. These will be operational emails to enquire as to why the transactions were not completed. The data will not be used for any other purpose, won't be stored for longer than necessary and certainly not shared with any other company. Our aim is simply to provide you with the highest level of service that we can. There will be a provision to opt out of these e-mails should you wish to do so.
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your usage, including the content of your transmissions through the website. All information, designs, drawings and other specifications provided on the website are the exclusive property of Cummins Sports Ltd. Any copying, transmission or re-transmission of the same requires the prior written approval of Cummins Sports. You agree that you will not disclose any unauthorised, false or fraudulent details. You agree that you will not post, transmit or otherwise disseminate any information on or via the website which is or may be harmful, vulgar, obscene, defamatory, harmful, tortuous, racist or otherwise illegal or offensive. You agree that you will not post, transmit, or otherwise disseminate any materials that infringe the proprietary rights of any third party including intellectual property rights and rights of privacy. You are responsible for your method of access to this website. You are also responsible to ensure that all persons accessing this website through your internet connection are aware and in compliance with the Terms and Conditions. CS will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.
CS reserve the right at all times to place advertisements and promotions on the website. Advertisers and sponsors on the website are solely responsible for complying with all local, national, state and international laws (where relevant) and we exclude all liability howsoever caused there from.
PRICE OF GOODS
The price listed on the Website (the 'Price') for Cummins Sports products (the "Products") will be as stipulated at the time when you place your order on the website. We are entitled to make adjustments to the price to take account of any increase in our supplier's prices, or the imposition of any new taxes or duties, or if due to an error or omission the Price for the Products on the Website is wrong. Online pricing and promotions may vary from in store.
We will endeavour to deliver the Products to you within 3-7 working days of your account order within the island of Ireland, where this is practical. Please see our Delivery and Returns policy for further details.
Any breakages or damages must be reported within 24 hours of purchase/delivery. You can return items within 28 days of receipt. Please see our Delivery and Returns Policy for exclusions, conditions and method of return.
PROMOTIONS/BLACK FRIDAY/CYBER MONDAY
When there are promotions where a discount is offered including signing up for our newsletter, the offer will not apply to team and club wear, such as Man Utd, Liverpool or Cork jerseys, Instore or Online gift cards or any items which are already discounted.
When discount codes are available they may not be used in conjunction with any other ongoing promotion. Unless otherwise stated discount codes cannot be used in the purchase of products which are already reduced or for the purchase of Instore or Online gift cards . Where discounts are applied to full priced items exclusions to this rule will apply at the discretion of CS. Items which are held instore with a deposit will not be eligible for any CS promotional offers or discounts.
ACCORDANCE WITH SPECIFICATION
All descriptive matter, drawings, pictures, colours, specifications and advertising on the website are for the sole purpose of giving an approximate description of the products.
If any manuals, patient information or safety instructions are provided with the products, you agree to read and follow carefully all the terms contained therein at all times. Any information contained on the Website is not meant to be comprehensive and if you are inexperienced in using the products or are unsure of your abilities, you should always seek expert advice and assistance.
DISCLAIMER OF WARRANTIES
The information contained in the website is for information purposes only and, although we have made every effort to ensure the correctness of the information contained herein, the information available through the website is provided "as is" and "as available" and without warranties or conditions of any kind either express or implied. We do not warrant or represent that the use or the results of the use of the materials available through the Website or from third parties will be correct, accurate, timely, reliable or otherwise. We accept no liability in relation to any of the above other than as may be provided for under your statutory rights.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall we be liable to you for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use the Website, any changes to the Website, any material or data sent or received or not sent or received or for any of the above-mentioned damages that result from the use or inability to use the Products. In no circumstances shall our liability and that of our suppliers to you and/or any third parties for any of the above exceed €200.
PROPRIETARY RIGHTS TO CONTENT
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to you on the Website by us, or our advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
MODIFICATION OF TERMS
CS may terminate the Website with or without cause at any time and effective immediately. In addition, CS, in our sole discretion, may terminate your Account for violation of the letter or spirit of these terms and conditions.