TERMS AND CONDITIONS
Welcome to the Aston Villa Direct Store. Please read the following terms and conditions (the “Terms and Conditions”) carefully before using this website. By using this website or any sub-site accessible on this website, the user (“user” or “you”) accepts, without limitation or qualification, the Terms and Conditions set out below and any additional Terms and Conditions set out in any sub-site . If you do not agree to these Terms and Conditions, you should exit the website. Kitbag will notify users of any material changes to the Terms and Conditions by publishing a notice of such changes on the home page of this website. Your continued use of this site implies that you accept to be bound by any updated version of the Terms and Conditions. You may wish to open these terms and conditions in another browser window so you may print them out.
Ownership and Operation
Aston Villa Direct is an official website of Aston Villa Football Club (the “Club”), and is operated under licence from Aston Villa Football Club (“the club”) by Kitbag Limited (“Kitbag” or “us”). Kitbag is a company incorporated in England and Wales with company number 5933624 whose registered office is at 2 Gregory Street, Hyde, Cheshire, SK14 4TH. Kitbag’s VAT number is 125688644
Registration
You will need to register with Kitbag to place an order for products
through this website.
In return for allowing you to use the Kitbag website and benefiting from
our services, you agree that any information you provide us about yourself at
any time will be true, accurate, current and complete and that you will ensure
that this information is kept accurate and up to date. If incorrect information
is supplied, any contractual obligation Kitbag has is immediately null and
void.
Conditions of
Registration
If you are under 18, you must ask your parents or a guardian before you:
- E-mail
the website, or ask Kitbag to e-mail anything to you;
- Send
in any information to Kitbag;
- Buy
anything online
By
continuing to use this website and any of the services offered, you are
confirming that you have received the consent of your parents or a guardian.
PLEASE NOTE that all minors are recommended to discuss these terms and
conditions with their parents before they complete the registration process.
Copyright
All content included on this website including but not limited to
website design, text, graphics, audio clips, visual clips, logos, button icons
and the selection and arrangement thereof is the property of The Club, Kitbag or
its content suppliers and is protected by UK and international copyright laws.
All software used on this website is the property of Kitbag and is
protected by UK
and international copyright laws ALL RIGHTS ARE RESERVED. Permission is granted
to electronically copy and to print in hard copy portions of this website for
the purposes of placing an order with Kitbag and using this website as a
shopping resource only. Any other use of materials on this website including but
not limited to reproduction for purposes other than those noted above,
modification, distribution, transmission, broadcasting, republication,
downloading or uploading without the prior written permission of Kitbag is
strictly prohibited.
Notification of Copyright Infringement
Kitbag will, in appropriate circumstances, terminate the accounts of
users who infringe the intellectual property rights of others. If you believe
that your work has been used or copied in a way that constitutes copyright
infringement, please provide our Legal Department with a notice (“Notice”) containing
the following elements:
- a
physical or electronic signature of the person authorised to act on behalf
of the owner of the copyright interest that is alleged to have been
infringed;
- a
description of the copyrighted work or works that you claim have been
infringed and which you request to be removed from the site;
- a
description of the location of the material that you claim is being
infringed;
- information
sufficient to permit Kitbag to contact you, such as your physical address,
telephone number and e-mail address;
- a
statement by you that you have a good faith belief that the use of the
material identified in your Notice in the manner complained of is not
authorised by the copyright owner, its agent, or the law;
- a
statement by you that the information in your Notice is accurate and that
you are the copyright owner or are authorised to act on the copyright
owner’s behalf.
You
can notify Kitbag of any claims of copyright infringement at the following
address:
Kitbag Limited
Attn: Legal Department
PO Box 210,
Manchester,
England
M24 1YN
Trademarks
Kitbag and all page headers, custom graphics and button icons are
service marks, trademarks, and/or trade dress of Kitbag. All other trademarks,
product names and company names or logos cited herein are the property of their
respective owners including the Club (“Third Party Trade
Marks”). You are not permitted to use the Kitbag Trademarks or Third Party
Trademarks without the prior written consent of Kitbag or such third parties
that may own the Trademarks.
For further information on intellectual property matters contact our
Legal Department:
Kitbag
Limited
Attn: Legal Department
PO Box 210,
Manchester,
England
M24 1YN
Content Supplied by
Users
If you send communications or materials to this website by electronic
mail or otherwise, concerning any comments, questions, suggestions or the like,
all such communications are, and will be treated as, non-confidential and
non-proprietary. Thus, you give up any claim that any use of such material
infringes any of your rights including without limitation moral rights,
proprietary rights or any other right, including the right to approve the way
in which Kitbag uses such material.
Any material submitted to this website, may be adapted, broadcast,
changed, copied, disclosed, licensed, performed, posted, published, sold,
transmitted or used on a royalty free basis by Kitbag anywhere in the world, in
any medium, in perpetuity.
Please note that this provision does not relate to any personal data
that you submit which will be dealt with in accordance with the provisions of
this website’s ‘Privacy Policy’ which is part of these Terms and Conditions.
Amending The Terms And Conditions Of Use
Kitbag may add to, change or remove any part of these Terms and
Conditions at any time. When material changes are made to the Terms and
Conditions, a notice will be published on the home page of the Kitbag website notifying
users that such changes have been made. By continuing to use this website after
the publication of such a notice, you are indicating your acceptance of those
changes. Kitbag may add, change, discontinue, remove or suspend any other
content displayed on this website, including features and specifications of
products and services described or depicted on the website, temporarily or
permanently, at any time, without notice and without liability.
Privacy
We treat your privacy very seriously. Kitbag’s Privacy Policy provides
details about the type of information we may collect from you and details of
how we may use this information. You are asked to read our Privacy Policy,
which forms a part of these Terms and Conditions and sets out the way in which
your personal data is handled.
Use of the Site
You agree that you will only use our website in a way which is
consistent with the Terms and Conditions and which complies with applicable
laws and regulations. In particular you agree that you will not use this website
to upload or send any material which contains software viruses or other codes,
files or programmes designed to interrupt, destroy or limit the functionality
of any computer software, hardware or telecommunications equipment or in any
other manner which would interfere with or disrupt this website. You
acknowledge that this website and any goods that you obtain from our website
are provided for your personal use only and may not be used for any commercial
purposes or distributed commercially without our permission.
Purchasing Goods
The Help Section tells you how to order and pay for products. It also
addresses any questions you might have about delivery of your products, your
right to cancel orders or return faulty products to us and our quality
assurance. In particular please note that once a personalized name and number
have been printed on the shirt, unless the shirt is faulty, we cannot provide a
refund or exchange the shirt. If a player subsequently leaves the Club or his
squad number changes during his career at the Club we cannot accept
responsibility for this and would therefore not accept a return of this item.
Multiple Promotions
Please note that any promotions/offers on the website cannot be used in conjunction with any other discounts.
Kitbag reserves the right to decline orders for bulk or high value purchases
and to change price and availability information without notice.
Pre-Ordering items from Kitbag
Kitbag will pre-authorise and charge for all pre-ordered shirts no more
than 2 weeks prior to despatch. The reason is to ensure that stock is allocated
against your order and to provide sufficient time to pick, pack and customise
the shirt (where applicable) in time for the launch date. It is also sometimes
necessary for the customer to confirm details contained within the order.
Links
Kitbag may provide links to websites owned by Kitbag and associated
companies from time to time and/or websites that are owned by third parties
that are not connected with Kitbag including other websites owned by The Club or
the Club. All links are provided for your convenience only. Access to websites
that are owned by third parties is at your own risk and none of the Club or Kitbag has any responsibility or liability for such third party websites.
Availability
Kitbag will use all reasonable endeavours to ensure that this website is
fully operational at all times. However we cannot guarantee that the website
will be fault free. In particular, access to this website may be interrupted or
restricted to allow for emergency or routine repairs or maintenance to be
carried out or the introduction of new facilities or services.
Further, by using this website and any sub-site, you acknowledge and
agree that the Internet uses elements and relies upon services, input and
facilities which are not within the control of Kitbag and if Kitbag is totally
or partially prevented or delayed in the performance of any of its obligations
in providing a particular service, such a situation will constitute a ‘force
majeure’ and Kitbag shall be excused the performance for so long as such a
situation endures.
For the purposes of these Terms and Conditions, the term ‘force majeure’
shall be deemed to include any cause affecting the performance by Kitbag of its
obligations arising from or attributable to acts, events, omissions or
accidents beyond the reasonable control of Kitbag and in particular, but not by
way of limitation, shall include strikes, lock-outs, other industrial action,
actual or threatened terrorist action, civil commotion, riot, crowd disorder,
invasion, war, threat or preparation for war, fire, technical or power failure,
software, hardware or telecommunication or other network failures,
interruptions, disruptions or malfunctions, explosions, storm, flood,
earthquake, subsidence, structural damage, epidemic or other natural or physical
disaster, any legislation, regulation, rule or ruling of government, court or
any competent authority.
Kitbag reserves its right to restrict, suspend or terminate your use of
this website or any of our services at any time if we believe, in our absolute
discretion, that you have breached these Terms and Conditions.
You agree to indemnify, defend and hold Kitbag and the Club, all
of their associate companies, their directors, employees, information
providers, licensors and licensees, officers and partners, (collectively, the “Indemnified
Parties”) harmless from and against any and all liability and costs
(including, without limitation, legal fees and costs), incurred by the
Indemnified Parties in connection with any claim arising out of any breach by
you of these Terms and Conditions. You will co-operate as fully as reasonably
required by Kitbag or the Club, as the case may be, in defence of any
claim. Kitbag and the Club reserve the right, at their own expense, to
assume the exclusive defence and control of any matter and you shall not in any
event settle any matter without the written consent of Kitbag and the Club.
Alterations
We may amend this website and our services in any way and at any time
with or without notice to you.
Complaints and Comments
If you have any complaints or comments about our website or any of the
products supplied to you, please email us at [email protected]. Alternatively, you can call us Monday-Friday between 8am and 8pm local UK time. UK customers should call
0844 902 1111. Customers from outside the UK should call +44 844 902 1111.
Miscellaneous
The Terms and Conditions together with our Help Section and Privacy
Policy contain the full and complete understanding between Kitbag and you. No
advice or information, whether oral or written, obtained by you through or from
the website or from any conversations with our staff will operate to vary these
terms and conditions.
The Terms and Conditions together with our Help Section and Privacy
Policy and all contracts made under them shall ensure for the benefit of any
successors and assignees of Kitbag.
Email Service
In situations where Kitbag gives you the option to subscribe to its
email service which will update you with news or information which it considers
to be of interest to you, your use of the content received through the email
service will be subject to these Terms and Conditions.
Limitation Of Liability
To the fullest extent permitted by applicable laws, none of the
Club or Kitbag nor any of their respective directors, employees, affiliates or
other representatives will be liable for loss or damages arising out of or in
connection with the use of, or inability to use, the materials in and/or
facilities or services offered through this website, including, but not limited
to, indirect or consequential loss or damages, loss of data, income, profit or
opportunity, loss of or damage to property and claims of third parties, even if
the Club and/or Kitbag have been advised of the possibility of such loss
or damages or such loss or damages were reasonably foreseeable. If this clause
is unenforceable in whole or in part in any jurisdiction due to relevant laws,
then in no event shall Kitbag’s total liability to you for all damages, losses,
and claims (whether in contract, tort (including, but not limited to,
negligence), or otherwise) exceed the amount paid by you, if any, for accessing
this website.
Disclaimer
This website and its contents are provided without any representations
or warranties of any kind, either express or implied. Kitbag and the Club disclaim all representations and warranties, including by way of example but
not limitation, as to fitness for a particular purpose, to the fullest extent
permitted by applicable laws. In addition, Kitbag and the Club do not
represent or warrant that the information and/or facilities accessible via this
website are accurate, complete or current, or that this website will be free of
defects, including, but not limited to, viruses or other harmful elements. The
user of this website assumes all costs arising as a result of the use of this
website.
Competitions
No purchase necessary, alternatively send a stamped self addressed envelope to:
Kitbag
Limited
Attn: Aston Villa Competition
PO Box 210,
Manchester,
England
M24 1FD
Governing Law
These Terms and Conditions and any contracts made under them are
governed by and shall be governed and construed in accordance with the laws of England and Wales whose courts shall be courts
of exclusive competent jurisdiction. We make no representation that materials
on this Site are appropriate or available for use in other locations, and
accessing them from territories where their contents are illegal is prohibited.
Customers who access this website from locations outside the United Kingdom do so at their own
risk and on their own initiative and are responsible for compliance with local
laws, to the extent that any local laws are applicable. Nothing in these Terms
shall in any way be deemed to restrict or affect your statutory rights under
English law.
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