TERMS AND CONDITIONS
Please read these terms carefully before using this website and making an order.
All pictures, material, code, intellectual property and descriptions are the property of Klubb. It may not be copied or used without our prior permission.
AMENDING THE TERMS AND CONDITIONS OF USE
Klubb reserve the right to add to, amend, change or remove any part of these Terms and Conditions at any time. Klubb 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.
We will only use your personal information to contact you in relation to your order or to pass to third parties (e.g. couriers) in connection with your order) or to send any marketing material to you that you have opted in for.
We, Klubb, disclaim damages of any kind, compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties implied or otherwise relating to use of this site.
ACCURACY OF INFORMATION
We put a lot of time and effort into describing and photographing the products we sell. If you have purchased something based on a picture or description on the website which turns out to be incorrect we will be happy to replace or refund the product (unused, subject to our refunds policy). Weights listed on the website are only approximate and to the nearest 50 grams.
You will notice that all of our cricket bats are listed as light, medium and heavy. As a guide a light bat will weigh between 2lb 8oz and 2lb 10oz, a medium bat will weigh 2lb 10oz to 2lb 12oz and a heavy bat between 2lb 12oz and 2lb 14oz. Bats are weighed with one grip and a toe guard fitted. Please note that any further additions to the bat will add to the described weight.
All orders placed through the website are subject to Klubb acceptance. This means that Klubb may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that has been later cancelled, Klubb will issue you a refund.
Our rebate year runs from 1st January to 31st December. Rebate is paid annually on year end. Any returned items will be removed from the rebate total accrued. Replaced items are only charged once for rebate. Rebate will be paid back into your clubs nominated bank account. Bank details must be supplied by a club official. Klubb reserves the right to remove a club from its rebate scheme and prevent the use of any rebate scheme codes. Rebate is only given on the sale price of the item. Postage and any other costs are not included in the rebate price.
Klubb will endeavor to display availability as accurately as possible.
If we are unable to supply the goods requested we will aim to assist you in finding a suitable alternative upon which you are happy with, however Klubb will not be bound to offer alternatives at a greater value than the item originally chosen, and a difference may be required to be paid.
If you do not wish for an alternative product we will cancel the order and any pending transaction promptly, please be aware that funds may take several days to relocate in your account.
In the event that we do not receive all of an order from a supplier pre-orders will be fore filled in chronological order, we will contact any customers whom have missed out with either alternatives or refunds as mentioned above.
Pre-order dates are provisional and although we do receive most stock on time we cannot be held responsible for any costs incurred for your time, or services you’ve paid for if there are delays or non-supply of product.
In accordance with the consumer contracts regulations 2013 you have 14 consecutive days from the day after you receive your parcel to cancel your contract with us.
Should you wish to do this we require written confirmation via email or post. You may do this either before you receive your parcel or it can be placed within the parcel upon its return.
If you choose to cancel we will give you a full refund of the goods including up to our standard delivery charge. Please note that if you paid for express delivery and goods were dispatched you may not be fully reimbursed for this.
If goods have been dispatched you will be expected to cover the costs of return, or pay for the cost of retrieval if the courier hasn’t yet delivered them. For parcels larger than two shoes boxes or weighing over 5KG, please contact us as we may be able to advise a more cost-effective returns method or arrange collection at cost to you.
We will endeavour to return money into your account within 10 working days, upon receipt (if relevant) of the returned item.
We regret that we are unable to cancel orders for personalized items if the personalization process has begun. We therefore advise that you contact us, very promptly after placing your order if you wish to cancel. In the event that the personalization process has not already begin, cancelling your order will not be an issue. In this instance we will issue a full refund (custom bat)
Any non-personalised cancelled items must be returned to us in resalable condition, unused and complete with original packaging. When returning, please protect product packaging by using additional outer packaging to return. Avoid placing postage labels or tape on the product packaging as they may otherwise be deemed as not resalable.
PARCELS LOST IN TRANSIT
While goods are in transit to you Klubb are responsible for ensuring delivery is at least attempted, and in the case you are unavailable to receive at the address you have given to us we will supply sufficient assistance so you can locate and collect your order from the relevant delivery agent.
If you do not receive your parcel within the specified delivery time shown in the basket, please track your parcel using the information provided in the dispatch notification you received from us, if this doesn’t assist you with locating your parcel please contact us.
We ask that we be given sufficient time to investigate with our delivery agents before either replacing or refunding goods.
We will not keep you waiting unnecessarily as we find in most cases parcels are located after investigation and are then received quicker than sending a replacement.
If delivery is to a commercial address (work/hotel) rather than a residential address, responsibility for locating the parcel rests with the customer as soon as we are able to confirm the parcel has been delivered to the reception area of the requested balding. Klubb accept no liability for parcels lost or misplaced after delivery is confirmed.
SHIPPING & DELIVERY
All orders made on our website are dispatched from the UK. We aim to get all orders out within 24 hours of order confirmation (please note this is only applicable to working days).Tracking numbers, if applicable, are included in dispatch confirmation emails. Goods will only be dispatched once we have received the full payment for the order.
When selecting our ‘UK Next Working Day’ delivery method, the cut-off point for guaranteed next day delivery is 1pm. Orders placed after this period will be dispatched the following working day.
When selecting our ‘Standard Delivery’ method, orders will be dispatched within 24 hrs of order confirmation (please note this is only applicable to working days).
UK Mainland deliveries are made using either Royal mail or TNT and orders for ‘UK Next Working Day’ are made using TNT Express. We do require a signature for all parcels delivered.
Delivery is only available Monday-Friday (working days).
Klubb cannot be held accountable for parcels delayed to reasons beyond our control, including but not limited to the following:
Customs, service strikes, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, weather, natural disasters, fire, epidemics or failure of public or private telecommunications networks.
Free delivery is only applicable to orders over the basket value of £100. Your Free delivery order will be dispatched by our ‘Standard Delivery’ service.
Please note that delivery is currently only possible within the United Kingdom.
If an exchange or refund is required, then the items should be returned to us in their original condition and packaging with 14 days of receiving delivery.
Unfortunately, we cannot accept a returned item that has been personalized unless it is a fault of the manufacturer. This does not affect your statutory rights.
In all cases, the items returned must be in their original condition, which includes any packaging. For example, shoes are to be returned with the original shoebox. All goods will be inspected on return. The goods are your responsibility until they reach our warehouse. Please ensure you package your return appropriately to prevent any damage to the items or boxes. We are not able to refund postage and packaging charges, both from and to ourselves, under any circumstances excepting a mistake on our part (such as posting you an incorrect item).
For items retuned as unsuitable, too big or too small if goods show signs of wear or are not in resalable condition they will not be accepted for return.
If after the items are inspected that are deemed faulty or if Klubb have sent them incorrectly both original shipping and return shipping costs will be refunded to you. If the original shipping costs was for multiple items only a proportion of the cost relating to the faulty item/s will be refunded.
We reserve the right to refuse a refund or exchange if the goods returned are deemed to be damaged or tampered with not in accordance with normal use. This does not affect your statutory rights.
If you do need to send your items back, please contact us first to ensure that your return is dealt with as quickly as possible. We recommend using a recorded service when you send items back as it requires a signature on arrival.
Please send returned parcels to:
Unit 1, Marina Court
Maple Drive, Tungsten Park
We will endeavour to return money into your account within 10 working days, upon receipt of the returned item.
Return of Custom Made Cricket Bats
When we make a custom-made cricket bat for you, it is made specifically for you, and to your exact specification. This means that we are NOT OBLIGED to accept back custom-made items for a refund or exchange. Custom made cricket bats MAY be accepted back and if they are, a GBP20 (twenty pounds) per bat charge will be levied on an exchange or refund, to cover the postage, and the time and effort absorbed in creating the cricket bat.
Damaged/cracked cricket bats
A very small percentage of bats sold are liable to crack under the massive stresses which take place when the ball hits the willow. This is why it is very important that you should take care when playing with your bat for the first time. Even if a bat is described as ready-to-play you should take care when using it in its infancy.
Unfortunately, we do receive bats back from customers who have mis-treated their bat, and if our bat-maker recognises this, we will return the bat to the customer untouched. If a bat is returned to us and our bat-maker agrees there is a fault with the bat, they will then either fix or replace the damaged bat. Returns can take up to 4 weeks to repair or replace. We are afraid that we are unable to refund any postage costs for products sent overseas but will refund the postage back to us for a faulty cricket bat. If you do feel your bat has cracked or split and that there is a flaw with the willow, please return it to the address above with a note explaining what happened. If the bat is over 12 months old, you will have little or no case for replacement.
When a bat leaves our warehouse it will be subject to the wear and tear of cricket games and practice. Willow is a naturally soft wood that, when pressed, provides the rebound qualities required to strike the ball effectively. Wood is a natural product, which can only take so much stress and strain. The life span of a bat should be measured by how much use it sustains, not the length of time you own it. In the unfortunate case that a bat becomes damaged and is returned to us, we will inspect it in accordance with our Cricket Bat Warranty and if the damage is within our Cricket Bat Warranty, we can either fix the bat or offer you a replacement. We will contact you directly in this circumstance to discuss the action you would like to take. Please bear I mind that if your bat is over 12 months old, you will have little or no comeback.
Cricket Bat Warranty: a cricket bat may be replaced or repaired by us if we conclude upon inspection that damage to the cricket bat is not:
- normal wear and tear (this is based on amount of use and not a period of time);
- deliberate damage and/or misuse;
- accidental damage;
- the alteration, or repair of, by you or any third party that is not in accordance with our standard practice.
Return of new items returned because we have posted you the wrong part
Believe it or not we do make mistakes on the odd occasion. If we have sent you some equipment which is different to what is listed on your invoice we will be more than happy to make an exchange and pay your Second Class Recorded postage (or Standard Parcels for larger items) costs for returning the item. If you wish to use a faster service to return the items that is no problem, although we will only reimburse you for the amount a 2nd Class/Standard Parcels delivery would cost.
In the rare case that any of the items in your order are incorrect, missing or damaged
Firstly, please accept our apologies. We ask that you, the customer, informs Klubb of any mistakes within three working days of receiving the order. If you do not contact us within this time then we will assume that everything on your order is correct.
Any externally damaged packages must be signed as 'Damaged' with the carrier upon delivery; failure to do so will greatly reduce the chances of any successful claim for loss or damage against our delivery companies.
Prices may vary dependent on your country and prices are displayed with or without Value Added Tax depending on your location.
While we, Klubb, do our best to ensure prices are up to date and correct, errors may occur and in this case you will be contacted before your order is shipped.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
Credit and/or Debit cards will be charged at the time of order.
Klubb will endeavor to ensure that this website is fully operational at all times. However we cannot guarantee that this 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, you acknowledge and agree that internet uses elements and relies upon services, input and facilities which are not within the control of Klubb and if Klubb is totally or partially prevented or delayed in the performance of any of its obligation in providing a particular service, such a situation will constitute a ‘force majeure’ and Klubb shall be excused the performance for so long as such a situation endures.
For the purpose of these Terms and Conditions, the term ‘force majeure’ shall be deemed to include any cause affecting the performance by Klubb of its obligations arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of Klubb 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.
Klubb reserves it right to restrict, suspend or terminate your use of this website or any of our services at any time we believe, in our absolute discretion, that you have breached these Terms and Conditions.
Alterations we may amend this website and our services in any way at any time with or without notice to you.
We are responsible to you for foreseeable loss and damage caused by us
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987.
When you become responsible for the goods
A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
When you own goods
You own a product which is goods once we have received payment in full.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable laws, none of Klubb, employees, affiliates or other representatives will be liable for loss or damage 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 or damage to property and claims of third parties, even if Klubb has been advised of the possibility of such loss or damages or such loss or damages were reasonably foreseeable. If this is unenforceable in whole or in part in any jurisdiction due to relevant laws, then in no event shall Klubb’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.
Klubb shall not be liable for any failure to perform its obligations where such failure is a result of acts of Nature (including fire, flood, earthquake).