Terms and Conditions

In this section

General

E-Commerce

Website Use

Man of the Match Text Vote

Shirts Blind Auction


General

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the whitleywarriors.net website (the “Service”) operated by Whitley Warriors Ice Hockey Club (“us”, “we”, or “our”).

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.


E-Commerce

Payment

Payment for orders placed through our online store is to made before any goods will be despatched.

Debit and credit card payments are processed by PayPal.

Delivery

The delivery cost of your order is displayed on the Basket page and Checkout page.

Products may have the option of being collected in person. If you select this option, we will contact you using the email address you used with your order to notify you when your goods are ready for collection.

We will be responsible for the condition of the goods until they are received by you, or by someone else you have nominated to receive them on your behalf, such as a neighbour.

Returns

From 13 June 2014, the Consumer Contracts Regulations, which implement the Consumer Rights Directive in UK law, came into effect. The regulations apply to items bought online, at a distance, or away from a trader’s premises.

Your right to cancel

You have a right to cancel an order for goods which starts the moment you place your order and ends 14 days from the day you receive your goods.

If you decide to cancel within this period, you must then return the goods in a saleable condition within a further 14 days.

Returning goods after cancelling an order is at your own expense.

You will receive a refund within 14 days of either us receiving the goods, or you providing evidence of having returned the goods (for example, a proof of postage receipt from the post office), whichever is the sooner.

A deduction in your refund may be made if the value of the goods has been reduced as a result of you handling the goods more than was necessary. The extent to which a customer can handle the goods is the same as it would be if you were assessing them in a shop.

Your refund may include delivery costs from the original order. However, if you opted for an enhanced service (for example, guaranteed next day delivery) we will only refund the basic delivery cost.

If delivery was was not charged in the original order, no refund for delivery costs will be made.

Products that are exempt from cancellation

Bespoke and personalised items, including printing and embroidery, are exempt from cancellation.

Event tickets are also exempt from cancellation. However, if an event is cancelled by us, you will receive a full refund within 14 days of the date of cancellation.

If your item is faulty

If your goods are faulty when you receive them and wish to return them, you must do so within 30 days of receiving them to receive a full refund.

The cost of returning faulty items will be met by us.

If the goods are returned more than 30 days after you have received them, we will repair or replace the goods – the choice of a repair or a replacement is down to you. However, if your choice is disproportionately expensive compared to the alternative, we can refuse your choice.

If the attempt at a repair or replacement is unsuccessful, you can then claim a refund or a price reduction if you wish to keep the product.


Website Use

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

Links to other websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Whitley Warriors Ice Hockey Club.

Whitley Warriors Ice Hockey Club has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services.

You further acknowledge and agree that Whitley Warriors Ice Hockey Club shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Copyright and licensing

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Reproduction is prohibited other than in accordance with the copyright notice and relevant licences, which form part of these terms and conditions.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Technical issues

Every effort is made to keep the website online and running smoothly. However, Whitley Warriors Ice Hockey Club takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

Liability

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.

You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Governing Law

These Terms shall be governed and construed in accordance with the laws of United Kingdom, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.


Man of the Match Text Vote

Your use of, and/or access to the SMS/Text Message Voting services constitutes your agreement to the Terms and Conditions.

Text messages sent to 07786 200 690 are charged at your standard network rate.

You may vote once only. Any further votes from the same mobile number will not be counted but will still be charged.

Votes cast outside of the voting period will not be counted and will still be charged. The voting period will usually begin at the start of the third period of the game and finish at the end of the game, including overtime and penalty shots if necessary. The voting period may change due to circumstances. PA announcements will be made notifying the spectators of the start and end of the voting period.

If you are not the bill payer you should seek the permission of the person responsible for paying the phone bill before voting.

The eventual delivery of SMS/Text Messages is dependent on additional parties and the effective functioning of the sender’s mobile operator’s systems and infrastructure. Consequently, Whitley Warriors, their Partners and the Voting Service Providers will not be liable for non-receipt of, or late receipt of, messages due to issues resulting from services provided by the participant’s mobile providers.

No responsibility will be accepted for non-receipt for any reason of a text message vote.

You must ensure that all care is taken when sending text messages to the SMS/text message numbers. It is your responsibility to send the correct message to the correct number. Whitley Warriors, their Partners and the Voting Service Providers will not be liable for costs incurred, responses received or any other consequences of user error.

If for any reason the online voting system fails, the vote may be suspended or a contingency plan may be actioned.

If an irregular voting pattern is spotted, it may be investigated further. If the votes are subsequently deemed to be illegitimate, Whitley Warriors Ice Hockey Club reserves the right to disqualify those votes.

Any queries relating to SMS/Text Messaging entries should be addressed with your service provider in the first instance.

Any complaints should be addressed in writing to Whitley Warriors Ice Hockey Club, Whitley Bay Ice Rink, Hillheads Road, Whitley Bay, NE25 8HP.


Shirts Blind Auction

These terms and conditions (the ‘Terms and Conditions’) govern any participation in this auction (the ‘Auction’). By bidding in the Auction, you expressly agree to be bound by these Terms and Conditions.

1. Whitley Warriors Ice Hockey Club (‘Whitley Warriors’)
1.1 This Auction is conducted by Whitley Warriors Ice Hockey Club.

2. Legal capacity
2.1 Only individuals who can lawfully enter into and form contracts under applicable law may bid for and buy the Items. In all cases bidders must be at least 18 years of age at the time of the bid.

3. Legal status of bids
3.1 Each placement of a bid will constitute a legal offer which, on acceptance by Whitley Warriors, will form an agreement which will be binding on the bidder.

4. Bidding process
4.1 Persons wishing to enter the Auction must complete the bidding form on whitleywarriors.net. Maximum of one entry per person.
4.2 If a bid is followed by a higher bid that is later removed by Whitley Warriors for any reason, it will be open to Whitley Warriors to accept the earlier bid, as though the higher bid had never been made.
4.3 If a bid is successful, Whitley Warriors will notify the bidder by email to confirm the amount of the Winning Bid, details of the Items, and to arrange payment and delivery.
4.4 If there is a problem with payment by the successful bidder of the amount of the Winning Bid, Whitley Warriors reserves the right to offer the Items to the next highest bidder.
4.5 Whitley Warriors reserves the right to refuse or remove bids in its absolute discretion.
4.6 Whitley Warriors reserves the right to close the Auction early or to extend it at any time and at its discretion.
4.7 Further to clause 4.6 above, if the Auction is cancelled for any reason and subsequently re-activated, all previous bids will lapse and bidding will recommence.
4.8 If there is a dispute between bidders, Whitley Warriors is under no obligation to become involved in such a dispute. Whitley Warriors, its officers and agents are hereby released from any claims, demands or damages arising out of or in connection with any such disputes.

Warm Up Shirts
4.9 All entries must be received by 19.00 BST on 7 April 2017 (this has been updated to reflect further shirts becoming available – the original closing date was 23.59 BST 31 March 2017).
4.10 The winning bid in the Auction will be the highest bid which meets any conditions which may be applicable (the ‘Winning Bid’). There is no minimum bid.

Game Shirts
4.11 All online entries must be received by 17.00 BST on 19 April 2017 (this has been updated to reflect an earlier closing date).
4.12 The highest bid in the Auction which meets any conditions which may be applicable will constitute the starting bid for the second part of the auction, which will happen at the End of Season Presentation Night. The minimum bid is £65.00.
4.13 The winning bid will be the highest bid at the End of Season Presentation Night. If a higher bid is not made, the winning bid will be the highest online bid for each shirt.

5. Items
5.1 Items bought through the Auction are non-refundable and non-exchangeable. Whitley Warriors cannot guarantee the condition, content or suitability of the items. Bidders must satisfy themselves that they comply with any specific eligibility criteria regarding the items which will be detailed in their description available on whitleywarriors.net.
5.2 Bidders acknowledge that all information that is provided as a description of the Items is reproduced by Whitley Warriors in good faith and is consistent with information supplied to Whitley Warriors. As such, Whitley Warriors cannot be held responsible for inaccurate or misleading descriptions.
5.3 Whitley Warriors shall have the right to substitute items of a similar description and standard, if for any reason the relevant Items are not available or for any other substantial reason. In the event of such substitution before the close of the auction, a bidder may withdraw a bid by notice to Whitley Warriors, such notice to be received before the close of bidding. In the event of a substitution after the close of the auction the winning bidder shall have the right to decline the substitution within seven [7] days and, where applicable, the right to a refund of monies paid. In the event that that the winning bidder does not accept the substituted items the Items will be offered to the next highest bidder.

6. Payment
6.1 Payment must be received within five working days of the winning bidder receiving confirmation that the bid is the winning bid. Whitley Warriors cannot accept any liability for payments not received.
6.2 Unless otherwise agreed by Whitley Warriors, Items will not be released to you until payment has been received and cleared funds have been received.

7. Currency
7.1 The auction will be conducted in pounds Sterling.

8. Liability
8.1 Whitley Warriors endeavours to ensure that the information and other material on this website are correct and complete, but does not accept liability (except as set out below) for any errors in or omissions from these Terms and Conditions.
8.2 Whitley Warriors will use all reasonable efforts to correct errors and omissions as quickly as practicable after being notified of them.
8.3 Except as specifically set out in this Agreement, Whitley Warriors makes no representation and expressly excludes all conditions or warranties, expressed or implied, including (but not limited to) the availability, quality, timeliness, performance or fitness for a particular purpose of any of the Items available, to the full extent permitted by English law.

9. Data Protection
9.1 Whitley Warriors complies with the provisions of the Data Protection Act 1998 in processing personal information. As such, your personal information will be held confidentially by Whitley Warriors and will only be used by Whitley Warriors or disclosed to a third party if such use or disclosure is required for the purposes of delivering the Items to the winning bidder or as otherwise instructed by you.
9.2 If necessary, Whitley Warriors will co-operate with any investigation by any governmental body or any court or tribunal legitimately exercising rights and such co-operation may be without notice to you.

10. Severability
10.1 If any provision of this Agreement shall be prohibited by or adjudged by a Court to be unlawful void or unenforceable such provision shall to the extent required be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement and shall not in any way affect any other circumstances or the validity or enforcement of this Agreement.

12. Third Party Rights
12.1 This Agreement does not create or confer any right under the Contracts (Rights of Third Parties) Act 1999 which are enforceable by any person who is not a party to this Agreement.

12. Limitation
12.1 All bidders agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or in relation to an Auction or these terms and conditions must be filed within one (1) year after such claim or cause of action arises or be forever barred.

13. Jurisdiction
13.1 This Agreement shall be governed by and construed in accordance with the laws of England and Wales whose courts shall be courts of competent jurisdiction.


Contact Us

If you have any questions about these Terms, please contact us.