| 01 | PRICE AND PAYMENT. |
| 01.1 | The price (exclusive of VAT, if applicable, or any analogous sales tax, carriage, freight, postage or insurance costs)) for the Goods ("the Price") shall be the price as stated on the list maintained by the Seller detailing prices of the Goods as amended by the Seller from time to time, or such other price as the parties may agree in writing. |
| 01.2 | Payment of the Price shall be made by the Buyer at the time of purchase of the Goods. |
| 01.3 | For orders paid by credit card, the Seller reserves the right to deduct the Price from the Buyer's credit card between the time of order and the time of delivery. |
| 01.4 | The prices shown on this website are for internet sales only and are subject to alteration without notice. Products are marked "Sold Out" as soon as it becomes known that they are no longer available in the current season. |
| 02 | GOODS |
| 02.1 | All Goods shall, with the exception of 2.1.1, be required to conform to the specification in the order for Goods by the Buyer as accepted by the Seller’s acknowledgement ("the Purchase Order") or as otherwise expressly agreed in writing. |
| 02.1.1 | Whilst every effort will be made to supply cricket bats at the weight specified we cannot guarantee exact weights. Should the required weight be unavailable, the closest available weight will be substituted. |
| 02.2 | Any order for Goods sent by the Buyer to the Seller shall only be accepted by means of the Seller’s standard acknowledgement form and shall be deemed to be accepted subject to the Conditions contained herein. |
| 02.3 | Each order for Goods accepted by the Seller shall be deemed to be an individual legally binding contract between the parties. |
| 02.4 | The Seller does not supply free samples or "goods on approval". For reasons of hygiene items of personal protection, hats and caps cannot be exchanged or returned for refund. The buyer is advised to check that the size and item is correct at the time of purchase. |
| 02.5 | All products and information relating to the said products on this website are faithfully reproduced in accordance with the manufacturers latest documentation. The manufacturers reserve the right, from time to time, to update their product specification without notice. The Seller also reserves this right. |
| 03 | DELIVERY |
| 03.1 | The Seller shall deliver the goods to the Buyer at the address of the Buyer in the Purchase Order. Time shall not be of the essence. Buyers are advised that if goods are despatched from stock in the store they should normally be despatched within 2 working days. If the Seller has to order goods from the factory then the Buyer will be informed by personal email of the anticipated delivery time. We would ask for patience during the peak times of March, April, May and June. |
| 03.2 | The Buyer shall be deemed to have accepted the Goods upon their delivery. |
| 03.3 | All risk in the Goods shall pass to the Buyer upon delivery. The Seller will not be held responsible for any alleged loss by the Buyer incurred due to non-delivery once a signature, not necessarily that of the buyer, has been obtained by the courier. If in doubt the buyer should specify his/her business address for delivery. |
| 03.4 | If the Seller is unable to deliver the Goods for reasons outside its control, the Seller shall be entitled, at the Buyer’s expense, to place the Goods in storage until such time as the Goods may be delivered. |
| 03.5 | Shipping rates and any associated discounts quoted or displayed apply only to parcels weighing up to 30 (thirty) Kilograms. One attempt only will be made to deliver any goods ordered by the Buyer. The Buyer will be notified by courier's card if the delivery failed due to no response at the Buyer's chosen address. The goods will be available for collection at the courier's depot and held for a limited period for collection. |
| 03.6 | Some countries are subject to a minimum order cost before delivery will be made. If you want to place a small order from outside the UK please contact info@dragonsports.co.uk with your requirements before placing your order to avoid disappointment. |
| 03.7 | It is the Buyer's responsibility to inform the Seller, at the time of purchase, of any difficulty likely to be experienced in effecting delivery. (e.g. Going on holiday, out at work etc.). Any costs incurred due to lack of information will be charged to the Buyer. |
| 03.8 | If goods are required urgently or for a special occasion, please inform us. We will notify you of availability. Express delivery is available. Price on application. Customers should be aware that once goods have left our premises or the factory, although we may give an estimated delivery date, the ultimate delivery date is beyond our control Shipping weights shown on the website are for pricing purposes only and should not be used for any other purpose - if in doubt please ask. |
| 03.9 | FACTORY KNOCKED-IN BATS. All bats that are described as being knocked-in at the time of purchase will require further finishing for several hours in the nets, with an old leather ball bowled slowly, before use in a match. No bat should be used in a match on the day of receipt. The longer the time allowed for finishing the bat the better the bat will serve. |
| 04 | TITLE TO GOODS |
| 04.1 | The Seller warrants that it has good title to the Goods and that it will transfer title in the Goods to the Buyer pursuant to Clause 4.2. |
| 04.2 | Notwithstanding delivery, title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods. Nothing in this Clause shall prevent the Seller from raising an action against the Buyer for payment of the Goods. |
| 05 | DAMAGE IN TRANSIT |
| 05.1 | Upon serving notice within 24 hours of delivery to the Seller, the Buyer shall be entitled to replacement Goods if the Seller is reasonably satisfied that the Goods have been damaged during transportation. |
| 06 | GUARANTEE |
| 06.1 | Where the goods have been manufactured by the Seller and are found to be defective, the Seller shall repair or in its sole discretion, replace defective Goods free of charge upon the following conditions: |
| 06.1.1 | the Buyer giving notice of the defect within 5 days of the defect coming to the Buyer’s attention; |
| 06.1.2 | such notice being served within 90 days of delivery; |
| 06.1.3 | the defect being due to the Seller’s faulty design, workmanship or materials; and |
| 06.1.4 | the defect not having arisen from the Buyer’s failure to comply with the Seller’s oral or written instructions as to storage, installation, use or maintenance of the Goods or in accordance with good trade practice. |
| 06.2 | Any Goods to be repaired or replaced under Clause 6.1 shall be delivered to the Seller at the Seller's expense. |
| 06.3 | Where the Goods have been manufactured and supplied to the Buyer by a third party the Seller shall where possible pass on to the Buyer the benefit of any warranty in respect of the Goods granted to the Seller by such third party. |
| 06.4 | BAT RETURN POLICY. Proof of purchase is required. Damage caused due to under-oiling or over-oiling - no warranty. Yorker damage - chargeable (if repair is possible). Damage due to an "Edge" being taken - chargeable (if repair is possible). Damage due to "hard balls" - no warranty. Alleged "flat or dead middle" - repressing by manufacturer's craftsman. No refund or replacement given. No liability is accepted by the Seller due to the absence of a bat which has been returned for inspection. |
| 07 | LIMITATION OF LIABILITY |
| 07.1 | Subject to the Seller’s liability under Clause 4 and subject to Clause 8 the Seller shall not be liable to the Buyer for any loss (including loss of profit), costs, damages, charges or expenses incurred by the Buyer or for any loss or damage to or caused by the Goods. |
| 07.2 | Subject to this Clause 7 and Clause 8 all other conditions, warranties or other stipulations concerning the Goods whether express or implied by common law or under statute are excluded to the fullest extent permitted by law, and, in particular, but without limiting the foregoing generality, the Seller grants no warranties regarding fitness for purpose, use, quality or nature of the Goods whether express or implied by statute or common law. |
| 07.3 | Subject to Clause 8 the liability of the Seller under this Agreement howsoever arising shall not exceed the Price. |
| 08 | GENERAL |
| 08.1 | Nothing in these Conditions shall be construed so as to exclude or limit the liability of the Seller for breach of the warranties contained in Clause 4 or for breach of warranty as to title and quiet possession implied by the Sale of Goods Act 1979 where such Act applies to the contract between the Seller and the Buyer for the sale and purchase of the Goods incorporating these Conditions. |
| 08.2 | Nothing contained in these Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s fraudulent misrepresentation, negligent actions or those of its employees or agents. |
| 08.3 | If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected. |
| 08.4 | The email address supplied by the buyer on his purchase order will be the one used by the seller to generate an automated response. This address will also be used by the seller to send a personal email which will be forwarded giving details of delivery etc.. |
| 08.5 | The headings of these Conditions are for convenience only and shall not affect their interpretation. |
| 09 | CANCELLATION AND RETURN |
| 09.1 | No cancellation of orders can be accepted once the Goods have left our premises or our suppliers premises unless with the consent in writing of the Seller and on terms which fully and effectively compensate the Seller for all losses incurred as a result of such cancellation. Goods made specifically to order are in all cases non-returnable, non-exchangeable and non-refundable subject to there being no manufacturing defect which if suspected will be subject to the usual and stringent inspection |
| 09.2 | No return of Goods can be accepted without the consent in writing of the Seller, and the risk for such Goods shall remain with the Buyer upon such Return unless such consent is given. |
| 09.3 | If an item is returned for exchange, (e.g. wrong size, wrong colour), other than for a manufacturing defect which may need to be verified by the manufacturer, the original buyer's card will be charged in the sum of £6.50 to cover the cost of return postage and packing. |
| 09.4 | Items returned for refund within 14 days of delivery will be reimbursed to the original buyer's card less the cost of postage and packing. Items made specially to order shall be subject to clause 09.1 above. All returned items must be in clean, original condition and in the original packing. Returned items remain the responsibility of the Buyer until received by the Seller in their original condition. |
| 09.5 | EXPORT. The prices on this website apply in the U.K., Europe and all countries worldwide but do not include customs duty (if any) payable at the port(s) of entry. No deduction in price will be made in respect of VAT. The prices quoted are inclusive of the preparation of all export forms, customs declarations, certificates of origin, export packaging and fuel surcharges. A "Sterling Swift Transfer" will be accepted for orders placed outside the U.K. if credit card payment is not possible. |
| 10 | GOVERNING LAW AND JURISDICTION |
| 10.1 | This Agreement shall be governed by and construed in accordance with the law of England and the parties hereto submit to the non-exclusive jurisdiction of the English Courts. |