Terms of Service

OVERVIEW

Welcome to Benwell Road Gooners. The terms "we", "us" and "our" refer to Benwell Road Gooners Ltd.

Benwell Road Gooners Ltd operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a shopping experience (the "Services"). Benwell Road Gooners is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and responsibilities, including information about orders, returns, cancellations, liability and the use of our website.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

Nothing in these Terms affects your statutory rights as a consumer, including rights that cannot lawfully be excluded or limited.

SECTION 1 — ACCESS AND ACCOUNT

You must be legally capable of entering into a binding contract to purchase products from us.

If you are under 18, you may only use the Services with the involvement and consent of a parent or guardian.

To use the Services, including accessing or browsing our online store or purchasing products, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You agree that the information you provide is accurate, current and complete and that you have the right to provide that information.

If you create an account, you are responsible for keeping your account credentials secure and for activity carried out through your account. You must not transfer, sell, assign or license your account to another person.

SECTION 2 — OUR PRODUCTS

We make reasonable efforts to ensure that product descriptions, photographs, colours, dimensions and other information displayed on our website are accurate.

Colours and appearance may vary depending on your device, screen and settings.

Our products will conform to their description, be of satisfactory quality and be fit for any particular purpose for which you have specifically relied on us, as required by applicable law.

Nothing in these Terms excludes or limits your statutory rights relating to faulty, damaged, misdescribed or otherwise non-conforming goods.

Product availability, descriptions and specifications may change from time to time. Where appropriate, we may discontinue products or limit quantities available for purchase.

SECTION 3 — ORDERS

When you place an order through our website, you are making an offer to purchase the products in your order.

We will acknowledge receipt of your order by email. A contract between you and us will be formed when we accept your order and confirm this to you, unless we notify you that we are unable to accept the order.

We may decline an order where, for example, a product is unavailable, there is an obvious error in the price or product information, we reasonably suspect fraudulent or unlawful activity, or we are unable to fulfil the order.

If we are unable to accept or fulfil an order after payment has been taken, we will notify you and refund the amount paid for the affected order or product.

You may have a statutory right to cancel an online order within 14 days of receiving the goods, subject to applicable legal exceptions. Further information is provided in our Refund Policy.

Nothing in these Terms limits your statutory rights relating to cancellation, returns, refunds, faulty goods or goods that do not conform to the contract.

You agree that purchases are for personal or household use and not for unauthorised commercial resale.

SECTION 4 — PRICES AND BILLING

Prices displayed on our website are the prices applicable at the time of purchase and will be shown clearly before you submit your order.

Where VAT is applicable, prices will be displayed inclusive of VAT unless otherwise clearly stated.

Delivery charges and any other mandatory charges will be displayed before you complete your purchase.

We may change prices, discounts and promotions from time to time. Changes will not affect an order that we have already accepted, except where an obvious pricing or product-information error has occurred.

We take reasonable care to ensure that prices and product information are accurate. If we discover an obvious error in the price or description of a product you have ordered, we will contact you and give you the option of confirming the order at the correct price or cancelling it. If we cancel an order for this reason, any payment you have made for the affected product will be refunded.

You agree to provide accurate and complete payment and billing information and to update that information where necessary so that we can process your order and contact you about it.

You confirm that you are authorised to use the payment method provided for your purchase.

SECTION 5 — SHIPPING AND DELIVERY

We will provide the delivery options and applicable delivery charges before you complete your purchase.

We will make reasonable efforts to deliver your order within the delivery period stated at checkout or in your order confirmation.

Unless a different delivery period has been expressly agreed with you, applicable law may require delivery without undue delay and, in any event, within 30 days of the contract being formed.

Delivery dates may be affected by circumstances outside our reasonable control, including carrier delays, severe weather, industrial action, customs delays and other events beyond our reasonable control.

Where an order is delayed, lost or damaged in transit, please contact us so that we can investigate the matter with the relevant delivery provider.

For consumer purchases, risk in the goods remains with us until the goods come into your physical possession or the possession of a person you have identified to receive them, unless applicable law provides otherwise.

Nothing in these Terms affects your statutory rights concerning delivery, non-delivery, damaged goods or cancellation.

SECTION 6 — INTELLECTUAL PROPERTY

Our Services, including our original text, displays, graphics, photographs, videos, audio, website design and other original content, are owned by or licensed to Benwell Road Gooners Ltd and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit our content except where permitted by law or with our prior written permission.

Nothing in these Terms grants you any licence or other rights in our intellectual property except as expressly stated.

Benwell Road Gooners and any associated names, logos, designs or slogans are used only to the extent that we have the necessary rights or permissions to use them.

Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other third-party names, logos, product and service names, designs and slogans belong to their respective owners.

SECTION 7 — OPTIONAL TOOLS

We may provide access to third-party tools or services as part of the Services.

Where third-party tools are provided, they may be subject to the terms and conditions of the relevant third-party provider.

We do not necessarily monitor or control third-party tools and, to the extent permitted by law, we are not responsible for the availability or operation of third-party services.

Any use of third-party tools remains subject to any applicable third-party terms.

We may introduce additional features, tools and resources in the future. These will form part of the Services and may be subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS

Our Services may contain links to websites or services operated by third parties.

We are not responsible for the content, security, availability or accuracy of third-party websites or services that we do not operate or control.

If you access a third-party website or service, you do so subject to that third party's own terms and policies.

Complaints, claims or questions concerning third-party products or services should generally be directed to the relevant third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Benwell Road Gooners is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Benwell Road Gooners.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Benwell Road Gooners, including any injury, damage, or loss resulting from purchased products and services.

You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Benwell Road Gooners, to the extent permitted by applicable law.

Nothing in this section affects any rights or remedies that cannot lawfully be excluded or limited.

SECTION 10 — PRIVACY POLICY

All personal information we collect through the Services is handled in accordance with our Privacy Policy, which is available here:

https://benwellroadgoonersuk.com/policies/privacy-policy

Because the Services are hosted by Shopify, Shopify may collect and process personal information about your access to and use of the Services in accordance with its own privacy practices.

Information submitted through the Services may be transmitted to and processed by Shopify and other service providers, including providers located outside the United Kingdom, where necessary to provide the Services.

Please see our Privacy Policy for information about how we, Shopify and relevant service providers collect, use, store and protect personal information.

SECTION 11 — FEEDBACK AND REVIEWS

If you submit reviews, comments, suggestions or other feedback to us, you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce and display that content for the purposes of operating, improving and promoting our Services.

You confirm that you have the necessary rights to submit the content and that it does not infringe another person's rights or break the law.

We may remove or refuse to publish content that we reasonably consider unlawful, misleading, abusive, offensive, defamatory, obscene, infringing or otherwise inappropriate.

We are not obliged to publish or respond to feedback or reviews.

You must not impersonate another person, use a false email address or otherwise mislead us or other users about the origin of your feedback.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

We take reasonable care to ensure that information on our website is accurate.

Occasionally, information may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, delivery charges, availability or other matters.

Where we identify an error, we may correct it and, where legally permitted and necessary, contact customers affected by the error.

If an obvious error affects an order that you have placed, we will contact you where reasonably possible and explain the available options, including cancellation where appropriate.

Nothing in this section affects a contract that has already been formed or your statutory consumer rights.

SECTION 13 — PROHIBITED USES

You may use the Services only for lawful purposes.

You must not use the Services:

(a) for an unlawful, fraudulent or malicious purpose;

(b) to breach any applicable UK law or regulation or any applicable law in another jurisdiction;

(c) to infringe our intellectual property rights or those of another person;

(d) to harass, abuse, threaten, defame or harm another person;

(e) to submit false or misleading information;

(f) to transmit viruses, malware or other harmful code;

(g) to send spam, phishing messages or other unauthorised communications;

(h) to impersonate another person or entity;

(i) to interfere with or disrupt the operation or security of the Services;

(j) to use automated systems, scraping tools or other methods to extract significant amounts of website content without our permission, except where such activity is permitted by law.

You must not attempt to bypass security, access controls or other technical measures used to protect the Services.

We may suspend or restrict access to the Services where we reasonably believe that these Terms have been breached or where necessary to protect the Services, our business or other users.

Nothing in this section prevents you from exercising rights that you have under applicable law.

SECTION 14 — AUTOMATED AGENTS

You must not use automated systems, bots or autonomous or semi-autonomous software to access or interact with the Services in a way that:

(a) circumvents security or access controls;

(b) misrepresents the nature of the access;

(c) places an unreasonable load on our systems;

(d) scrapes or reproduces substantial amounts of our content without permission; or

(e) otherwise interferes with the operation of the Services.

Nothing in this section restricts lawful use of search engines, accessibility tools or other technologies where such use is permitted by applicable law.

SECTION 15 — TERMINATION AND SUSPENSION

We may suspend or restrict your access to an account or parts of the Services where reasonably necessary, including where you materially breach these Terms, engage in fraudulent or unlawful activity, or create a security risk.

Termination or suspension of access to the Services will not affect rights or obligations that have already arisen.

Nothing in this section affects an order that has already been accepted or any statutory rights or remedies you may have as a consumer.

The provisions concerning intellectual property, privacy, liability and any other provisions which by their nature should survive termination will continue to apply where appropriate.

SECTION 16 — INFORMATION AND WARRANTIES

We aim to ensure that information provided through the Services is accurate and useful, but we do not guarantee that all website content will always be complete, current or error-free.

To the fullest extent permitted by law, we do not guarantee that access to the website will always be uninterrupted, secure or error-free.

However, nothing in these Terms excludes or limits any statutory rights, warranties, conditions or guarantees that cannot lawfully be excluded or limited.

For consumer purchases, products supplied by us will comply with applicable statutory requirements, including requirements relating to satisfactory quality, fitness for purpose and conformity with their description.

SECTION 17 — LIMITATION OF LIABILITY

Nothing in these Terms excludes or limits liability where doing so would be unlawful.

This includes liability for:

• death or personal injury caused by our negligence;

• fraud or fraudulent misrepresentation;

• breach of your statutory consumer rights;

• defective products where liability cannot lawfully be excluded or limited; or

• any other liability that cannot legally be excluded or limited.

Subject to the above, we will not be responsible for losses that are not reasonably foreseeable or that arise from circumstances outside our reasonable control.

We are not responsible for losses arising from a customer's misuse of products, failure to follow reasonable product instructions, or unlawful use of the Services, except where applicable law provides otherwise.

If you are a consumer, nothing in these Terms affects the rights and remedies available to you under applicable consumer protection legislation.

SECTION 18 — CUSTOMER RESPONSIBILITY

You agree to use the Services lawfully and in accordance with these Terms.

If you breach these Terms or use the Services unlawfully and this causes us to suffer loss, damage or a third-party claim, you may be responsible for that loss to the extent permitted by applicable law.

Nothing in this section requires you to compensate us for losses caused by our own breach of contract, negligence or other unlawful conduct.

SECTION 19 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid or unenforceable, that provision will be treated as modified or removed to the minimum extent necessary, and the remaining provisions will continue to apply.

SECTION 20 — WAIVER AND ENTIRE AGREEMENT

If we do not immediately enforce a right or provision under these Terms, this does not mean that we have waived that right.

These Terms, together with our Privacy Policy, Refund Policy, Shipping Policy and any other policies expressly incorporated into them, form the agreement between you and us concerning your use of the Services.

Nothing in these Terms limits any rights or remedies that you have under applicable law.

SECTION 21 — ASSIGNMENT

You may not transfer your rights or obligations under these Terms without our prior written consent, except where applicable law permits you to do so.

We may transfer our rights and obligations under these Terms as part of a sale, restructuring or transfer of the business, provided that this does not reduce your legal rights.

SECTION 22 — GOVERNING LAW AND JURISDICTION

These Terms and any contract between you and Benwell Road Gooners Ltd are governed by the laws of England and Wales.

If you are a consumer, you will retain any mandatory rights to bring proceedings in another part of the United Kingdom or another jurisdiction where applicable law gives you that right.

Nothing in these Terms prevents you from relying on mandatory consumer protection laws that apply to you.

SECTION 23 — HEADINGS

The headings used in these Terms are included for convenience only and do not affect the interpretation of the Terms.

SECTION 24 — CHANGES TO THESE TERMS

You can review the most current version of these Terms at any time on this page.

We may update these Terms from time to time by publishing an updated version on our website.

Changes will not retrospectively affect orders that have already been accepted or rights that have already arisen.

Where required by law, we will provide appropriate notice of material changes.

SECTION 25 — CONTACT INFORMATION

Questions about these Terms, our products or your order should be sent to:

Benwell Road Gooners Ltd

Email: info [@] benwellroadgoonersuk [.] com

Company number: 17300350

Business correspondence address: 14 Alton Gardens, Southend-On-Sea, England, SS2 6QZ