1. Access and use of this site
1.1 You must only use the Site in accordance with these Terms and Conditions and any applicable law.
1.2 You must not (or attempt to):
(a) interfere (or attempt to interfere) or disrupt (or attempt to disrupt) the Site or the servers or networks that host the Site;
(b) use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
(c) interfere (or attempt to interfere) with security-related or other features of the Site.
1.3 To place Orders and access some features of the Site, you must register an Account with us. To register an Account, you must:
(a) give us accurate and current personal information including your name, address, and a valid email address.
(b) you must be at least 18 years old, and have the capacity to enter into a legally binding agreement with us.
1.4 You are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure. We are not responsible for any unauthorised activity on your Account if you fail to keep your Account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.
1.5 You must not use another person’s Account without our, and/or the other person’s, express permission. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your Account (including by changing your password).
1.6 We do not warrant that the Site will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Site.
1.7 You must not link to our Site or any part of our Site in a way that damages or takes advantage of our reputation, including but not limited to
(a) in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or
(b) in a way that is illegal or unfair.
2. Information on this site
2.1 The Site and the content on the Site are subject to copyright, trademarks and other intellectual property rights. These rights are owned by or licensed to ZING-Sports.
2.2 You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Site, including audio and video excerpts, except as permitted by statute or with our prior written consent.
2.3 Information about goods on the Site is based on material provided by third party merchants, suppliers and product manufacturers. Except as required by law. We are not responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
2.4 Due to photographic and screen limitations associated with the representation of products, some actual products (including, in particular, clothing and apparel) may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Site. In addition, where it is suitable to do so, some depictions of products are created or chosen by us for promotional purposes and may not be an exact representation of the products received.
3. Order and formation of contract
3.1 When making an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your Order before you submit it.
3.2 Once You select a product that you wish to order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the Site) the price you must pay including VAT and any other charges, including any unless otherwise stated all charges are in Pounds Sterling (£).
3.3 You must pay for the Order in full at the time of ordering by one of the payment methods we provide on the Site. You must be fully entitled to use the payment method or account used for purchases. The payment method or account must have sufficient funds or credit facilities to cover the purchase. We reserve the right to obtain validation of your payment details before providing you with the product and carry out security checks from time to time.
3.4 If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact Customer service immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
3.5 When you place an order, you will receive from us a Confirmation of Order by e-mail. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until you receive a shipment confirmation email from us. We are not obliged to supply the product to You until we have accepted Your Order. We may in our discretion refuse to accept an Order from You for any reason, including but not limited to
(a) unavailability of stock or we may offer you an alternative product (in which case we may require you to re-submit Your Order);
3.6 Until the time when we accept your Order, we reserve the right to refuse to process your Order and you have the right to cancel your Order. If we or you have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method.
3.7 Once your order has been placed, ZING-Sports will send the items directly into production. Please ensure all selections including but not limited to size, colours, designs, and images are correct before submission. Changes may not be accepted after your order has been confirmed. Any changes allowed beyond the approval may result in delivery delays and extra costs to you.
3.8 All colours on the website should be used as an approximate guide only. Printing on different materials with different inks can cause a variation in the colour of the final product. These colours may change over time which may result in colours not matching a previous order. How a colour is displayed digitally to how it appears on a garment will differ as each monitor displays colours differently. ZING-Sports is not liable for colour differences between the end product and that shown on the website or colour codes supplied.
3.9 By placing your order you agree to allow your design to be used for marketing purposes on our website and through external third party channels. You can opt out of this at any time by emailing us at [email protected]
3.10 By placing your order you agree that you have all legal rights to use all text and imagery that appears in your design. ZING-Sports will not be liable for any breaches of intellectual property that your design may infringe on.
4. Cancellation
4.1 We may terminate a Contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made. We will usually refund any money received from you using the same method originally used by you to pay for the product.
4.2 If you wish to cancel your order, please contact [email protected] No cancellation fees will apply. Once an order has been processed it cannot be cancelled and the item must instead be returned to us in accordance with the Returns Policy.
5. Faulty product returns
5.1 We aim to provide you with Products of the highest standard and quality. If you have received a Product with a defect, please contact us via [email protected] as soon as possible so we can guide you through the returns process and help resolve the problem as swiftly as possible. In order to assist the return process, you may be required to send us images of the damage, defect or fault for preliminary assessment.
5.2 If the Product is confirmed to have a defect, we will replace the Product or refund the Price of the Product to your original payment method at your request. If the Product is found not to have a defect or deemed out of warranty, we will ship the Product back to you.
5.3 It does not constitute a defect, if in our reasonable opinion, the Product has, following the sale to you, become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care.
5.4 Please note that only technical inadequacies and inaccuracies, which were avoidable with the technology available is considered a defect, but does include aspects of personal taste. Differences in colour between the images and text and the original image and text data are not a defect. For the avoidance of doubt, there is no defect if reduced quality to due the poor quality (for example, low resolution) of the original image or text data.
5.5 It is important to note that all ZING product sizes are approximate, and some deviations can be expected as the products are created on an individual basis.
6. Change of mind returns
6.1 All ZING Custom products are made to order and cannot be refunded or returned due to change of mind, incorrect sizes ordered, incorrect colours ordered, or any errors in information submitted to us.
7. Disclaimer and liability
7.1 This clause prevails over all other clauses, and, to the extent permitted by law, states our entire Liability, and your sole and exclusive remedies, for:
(a) the performance, non-performance, purported performance or delay in performance of these Terms and Conditions or a Contract or the Site (or any part of it or them); or
(b) otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.
7.2 Nothing in these Terms and Conditions excludes or limits your statutory rights as a consumer or our Liability for:
(a) fraud;
(b) death or personal injury caused by our Breach of Duty;
(c) any breach of the obligations implied by law; or
(d) any other Liability which cannot be excluded or limited by applicable law.
7.3 In performing any obligation under these Terms and Conditions, our only duty is to exercise reasonable care and skill.
7.4 Subject to clause 7.3:
(a) To the extent permitted by law, we do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site;
(b) We exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature;
(c) You should not rely on any information accessed using the Site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.
(d) It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the products will meet your individual requirements. You acknowledge that the products are standard and not made bespoke to fit any particular requirements that you may have.
(e) We do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these Terms and Conditions.
(f) To the extent permitted by law in no event shall we, our affiliates and related entities or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Site, our services or these Terms and Conditions.
(g) Our total Liability under any Contract shall in no circumstances exceed,
- (i) in the case of Products, the replacement of the Products or the supply of equivalent Products, the repair of the Products, the payment of the cost of replacing the Products or of acquiring equivalent Products, or the payment of the cost of having the Products repaired; or
- (ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
