Terms and Conditions

These Terms and Conditions govern your use of this website (Site) including the purchase of any goods or services advertised for sale via the Site (Products) and any correspondence between REMO Sports Limited (REMO), REMO Medical Supplies Limited (RMS) (together us/we/our) and you. If you do not agree to be bound by these Terms and Conditions, you must exit the Site. Your continued viewing or use of this site will constitute your agreement, on behalf of yourself and any entity on whose behalf you are acting, to all of the Terms and Conditions.

The Terms and Conditions may be modified in the sole discretion of REMO at any time without notice and your subsequent viewing or use of the Site will constitute your agreement to the Terms and Conditions then in effect. Notice of any such changes shall be provided on this Site. These Terms and Conditions include important sections concerning the ordering, delivery, payment and refund of goods purchased on the Site. Additional terms and conditions may appear elsewhere on the Site with regard to the use of particular functions, features, information and applications and your accessing or use of the applicable function, feature, information or application will constitute your agreement with such additional terms and conditions.

The Site is operated by us. REMO is incorporated in the United Kingdom under registration number 05046028 and VAT registration number 922 3974 16, and has its registered office at 39 Forge Lane, Norton In Hales, Shropshire, TF9 4QN. RMS is incorporated in the United Kingdom under registration number 06612410, and has its registered office at 39 Forge Lane, Norton In Hales, Shropshire, TF9 4QN. Online sales are operated by RMS.

1 Your use of the Site

1.1 The purpose of this Site is to provide general information about REMO to the public, to provide information to prospective customers regarding the availability of courses and training in sports medicine, and the retail of medical sports equipment by RMS. It is not to be relied upon for any particular purpose. Any use of this Site by any other person or entity for any purpose is prohibited and we bear no liability or responsibility for any such prohibited use.
1.2 We specifically prohibit any use of the Site by or for any entity which is engaged in, or attempts to engage in, use of the Site to compete with us or our affiliates or to interfere with the business of us or our affiliates. Any access of this website to obtain information by automated inquiry devices or programs is strictly prohibited.
1.3 Any personal information submitted to us through this Site will be handled in accordance with our Privacy Policy, which may be viewed by clicking here [Note: insert link to Privacy Policy.]. Any other information submitted to us through this Site, including any ideas, concepts, or techniques for new services or products will not be considered confidential and we will be free to use, communicate, and exploit such information in any manner we choose.

2 Ordering

2.1 After placing an order, you will receive an e-mail from RMS acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to RMS to buy a Product. All orders are subject to acceptance by RMS, and RMS will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between you and RMS (Contract) will only be formed when RMS sends you the Dispatch Confirmation.
2.2 The Contract will relate only to those Products whose dispatch RMS has confirmed in the Dispatch Confirmation. RMS will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
2.3 RMS reserves the right to restrict the number of items available for sale to any individual customer. All orders are subject to availability. If your order cannot be fulfilled you will be offered an alternative or given a full refund.

3 Delivery

3.1 Delivery times will be within 7 to 10 days. Delivery times quoted are estimates only and we shall not be liable for any delays to the delivery of products ordered via the Site, except to the extent such delay directly relates to our negligence and/or wilful misconduct.

4 Consumer rights

4.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out at clause 9 below).
4.2 To cancel a Contract, you must inform RMS in writing. You must also return the Product(s) to: RMS at Boundtree Medical, Unit 3 Stag Business Park, Deer Park Court, Donnington Wood, Telford, TF2 7NA in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, RMS may have a right of action against you for compensation.

5 Risk and title

5.1 The Products will be at your risk from the time of delivery.
5.2 Ownership of the Products will only pass to you when RMS receives full payment of all sums due in respect of the Products, including delivery charges.

6 Price and payment

6.1 The price of any Products will be as quoted on the Site from time to time, except in cases of obvious error.
6.2 These prices exclude VAT and exclude delivery costs, which will be added to the total amount due as set out on the relevant page of the Site.
6.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
6.4 Payment for all Products must be by credit or debit card via paypal (Acceptable methods of payment are available from the paypal link). Once payment is received in cleared funds we will dispatch your order.

7 Pricing errors

7.1 In the event a product or service is listed on the Site or elsewhere at an incorrect price due to typographical error or an error in pricing information received from our suppliers, RMS shall have the right to refuse to meet or to cancel any orders placed for that product whether or not the order has been confirmed and payment made by you. Where an order is cancelled in such circumstances a full refund shall be made to you of any amount paid.

8 Substitution of goods

8.1 In the event of the goods or services ordered by the consumer being unavailable, RMS will provide/substitute goods or services (as the case may be) of equivalent quality and price; the cost of returning any such substitute goods to RMS in the event of cancellation by the consumer will be met by RMS.

9 Refunds policy

9.1 All returned products are to be sent to; RMS at Boundtree Medical, Unit 3 Stag Business Park, Deer Park Court, Donnington Wood, Telford, TF2 7NA. When you return a Product to RMS:
9.1.1 because you have cancelled the Contract between you and RMS within the seven-day cooling-off period (see clause 4.1 above), RMS will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, RMS will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to RMS;
9.1.2 for any other reason (for instance, because you have notified RMS in accordance with paragraph 21.2 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), RMS will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. RMS will usually process the refund due to you as soon as possible and will use reasonable endeavours to do so within 30†days of the day RMS confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to RMS.
9.2 RMS will usually refund any money received from you using the same method originally used by you to pay for your purchase.

10 Limitation of liability

10.1 Whether or not advised of the possibility, we shall not, nor shall any other party (whether or not involved in creating, producing, maintaining or delivering our Site), be liable to you for any kind of loss or damage that may be suffered or claimed by you (or any person claiming under or through you) or to any third party, which arises in connection with the use or inability to use or the results of use of our Site and any sites linked to our Site or the material on such sites, whether such losses or damages are suffered directly or indirectly or are immediate or consequential, or whether arising from negligence, breach of contract or howsoever, such losses or damages to include (without limitation):
10.1.1 special, indirect, punitive or consequential loss or damage even if we were aware of the circumstances in which such loss or damage could arise; or
10.1.2 loss of income, profits, anticipated savings; or
10.1.3 loss of business opportunity, goodwill or injury to reputation; or
10.1.4 loss of or corruption to your or any other data (you being responsible for establishing and maintaining adequate security and backup procedures); or
10.1.5 loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing our Site or downloading of any material from our Site or websites linked to our Site;
10.1.6 any business interruption, wasted management or staff time; or
10.1.7 losses or damages due to any defect in a product distributed by RMS to you on behalf of a supplier.
10.2 You agree and acknowledge that you are in a better position than us to foresee and evaluate any potential damage or loss that you may suffer in connection with the goods and services provided by us and therefore that we cannot adequately insure in respect of such liability. You warrant us that you will insure against, or bear yourself, any loss for which we have excluded liability.
10.3 Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or other users of our Site, are those of the authors, distributors or users and not of us. We do not necessarily endorse nor are we responsible for the accuracy or reliability of any opinion, advice or statement made on our Site. If you make arrangements with any third parties who are named or connected with our Site you do so entirely at your own risk.
10.4 Nothing in these Terms and Conditions shall exclude or limit our liability for:
10.4.1 death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977);
10.4.2 fraud or fraudulent statements; or
10.4.3 any liability which cannot be excluded or limited under applicable law or the regulatory system.
10.5 If your use of material on this Site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
10.6 Because some jurisdictions prohibit the limitation of liability for consequential or incidental damages, in such jurisdictions, the limitation of liability only with respect to consequential or incidental damages may not apply to you, and the respective liability of REMO and RMS and our affiliates, officers, directors, employees or agents is limited to the greatest extent allowable under applicable law in such jurisdictions.
10.7 In the event that a court or arbitration panel, as the case may be, should hold that the limitations of liabilities or remedies available as set forth in these Terms and Conditions, or any portions thereof, unenforceable for any reason, or that your remedies under these Terms and Conditions fail, then you expressly agree that under no circumstances will the total, aggregate liability of us and our affiliates, officers, directors, employees or agents to you or any party claiming by or through you for any cause whatsoever exceed:
10.7.1 in relation to any Products purchased by you from RMS, an amount equivalent to the charges paid by you in relation to such Products; and
10.7.2 in all other circumstances to the sum of £100 (one hundred pounds),
regardless of the form of action, whether in contract, statute, tort or otherwise.

11 Site access and availability

11.1 While we endeavour to ensure that this Site is normally available 24 hours a day, access to this Site is permitted on a temporary basis and we shall not be liable if for any reason this Site is unavailable at any time or for any period. Access to this Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
11.2 You are responsible for making all arrangements necessary for you to have access to this Site. You are also responsible for ensuring that all persons who access this Site through your internet connection are aware of these terms, and that they comply with them.
11.3 The Site and the information contained in the Site comply with the appropriate UK legislation. The Products mentioned on our Site are only made available where permitted under the legal and regulatory requirements applicable in each jurisdiction. Accordingly, certain products or services mentioned on our Site may not be available in all jurisdictions.

12 Changes to the Site

12.1 We reserve the right, without notice, to modify, supplement or delete the contents of the Site, including without limitation information graphics, products, features, functionality, services, and links (collectively, the Content).

13 Term and suspension

13.1 We may discontinue or suspend the Site at any time without notice, and we may block, terminate or suspend access by you or any other user to the Site at any time for any reason in its sole discretion or take any other action as it deems appropriate, even if access continues to be allowed to other websites.
13.2 Such other action may include us taking all or any of the following actions:
13.2.1 issuing a warning to you;
13.2.2 issuing legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from a breach of these Terms and Conditions; and/or
13.2.3 disclosing such information to law enforcement authorities as we reasonably feel is necessary.
13.3 We exclude liability for actions taken in response to breaches of these Terms and Conditions. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

14 Intellectual property rights

14.1 The Site and its Content may be protected by international copyright, trade mark and other laws. All such rights are reserved. Certain Content may be owned by third parties and used on the Site with permission. By allowing access to the Site, we are not and do not convey to anyone any ownership rights in the Site or in any Content appearing on or made available through the Site. You are only granted a limited licence to reproduce the Content on your computer for the purpose of accessing the Site and using the features and services accessible thereon. You are also granted a licence to print information appearing on your computer screen in the course of using the features and services of the Site only. The licences granted herein are personal to you and not transferable.
14.2 No other permission is granted in any way to download, modify, reproduce, use, copy or distribute any of the Content.
14.3 You must not use any part of the materials on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

15 Visitor conduct

15.1 Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to this Site shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We and our designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
15.2 You may use our Site only for lawful purposes. You must not misuse the Site (including, without limitation, by hacking).
15.3 You are prohibited from posting or transmitting to or from the Site any material:
15.3.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
15.3.2 for which you have not obtained all necessary licences and/or approvals; or
15.3.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
15.3.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, logic-bombs, keystroke loggers, spyware, adware, denial of service attacks or any other harmful programs, or similar computer code which is malicious or technologically harmful and is designed to damage or adversely affect the content, software or performance of our Site or the operation of any other computer software or hardware, or any other harmful components, or any corrupted data or other malicious software or harmful data).
15.4 You may not use our Site:
15.4.1 in any way that breaches any applicable local, national or international law or regulation;
15.4.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or
15.4.3 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam), either to us or to anyone whose details are posted on our Site.
15.5 You also agree:
15.5.1 not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these terms of Site use;
15.5.2 not to send automated queries of any sort via our Site without express permission in advance from us. Automatic queries include attempts to harvest company email or website addresses by means of spamming bots or spiders; and
15.5.3 not to access without authority, interfere with, damage or disrupt:
(a) any part of our Site;
(b) any equipment or network on which our Site is stored;
(c) any software used in the provision of our Site; or
(d) any equipment or network or software owned or used by any third party.
15.6 We may report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them. In the event of such breach, your right to use this Site will cease immediately.

16 Disclaimer of warranty

16.1 The following clauses exclude or limit our legal liability for this Site. You should read them carefully. They apply only as far as the law permits.
16.2 The site and its content are provided “as is” without warranties of any kind. We and our licensors disclaim any and all warranties, express or implied, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, completeness, title and non-infringement, regarding any such content and your ability or inability to use the site and its content. Weare not responsible for any failures or missing information caused by server errors, failed internet connections, interruptions in the transmission or receipt of any information or any computer virus or other technical defect, whether human or technical in nature. Although we try to provide accurate and timely information on the site, there may be inadvertent technical or factual inaccuracies or typographical errors.

17 Matters beyond our reasonable control
We shall not be held liable for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of God, fire, lightening, or extremely severe weather, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), acts of omissions of Internet services providers or acts of local or central Government or other competent authorities.

18 Indemnity

You hereby indemnify and agree to keep us and our affiliates and their respective officers, directors, employees and agents fully indemnified and held harmless from and against any and all claims, demands, causes of actions, liabilities, damages, costs and expenses, including reasonable legal fees, arising out of your use or viewing of the Site and its Content.

19 Links to other websites

19.1 There may be links on this Site that allow you to visit the sites of third parties. These links are provided solely for your convenience and if you use these, you leave the Site. Although some of these third parties may be either affiliates or partners of us, neither these sites nor the companies to whom they belong are controlled or monitored by us. We make no representations or endorsements concerning the information provided or made available on such sites nor the quality or acceptability of any products or services offered by any persons or entities other than us, referenced in any such sites. We have not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it. You should also be careful to ensure that you do not provide any personal information on any other site on the mistaken belief that you are on the Site. We are not responsible for the content and availability of these other websites or for any loss or damage arising from your use of them. Complaints relating to information appearing on other websites should be addressed to the operator of that website.
19.2 You may not use any part of our Site on any other website, or link any other website to our Site, without our prior written permission.

20 Governing law, jurisdiction and severability

20.1 These Terms and Conditions and your use of the Site and downloads from it is governed by and shall be construed in accordance with the laws of England and Wales, excluding its conflict of laws provisions. The English courts shall have exclusive jurisdiction over any dispute arising in connection with these Terms and Conditions or out of your use of this Site.
20.2 Any invalidity of any of the provisions of these Terms and Conditions shall not affect the effectiveness of the remaining provisions. We do not warrant or otherwise promise that the Site, use thereof or these Terms and Conditions (in whole or in part) are in compliance with laws or available for use in locations outside England and Wales.
20.3 If you choose to access this site from locations outside England and Wales, you do so on your own initiative and are responsible for compliance with local laws. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible and all other terms of these Terms and Conditions shall remain in full force and effect.

21 Variation

21.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
21.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven†working days of receipt by you of the Products).

22 General

22.1 Any formal legal notices should be sent to REMO Sports Limited at 39, Forge Lane, Norton In Hales, Shropshire, TF9 4QN.
22.2 Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms and Conditions.
22.3 Nothing in these terms is intended to, nor shall it, confer any benefit on a third party whether under the contracts (Rights of Third Parties) Act 1999 or otherwise.