Terms and Conditions

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.