THE LEGAL SIDE OF THINGS...
We retain the right, at any time and without prior notice, to amend, modify, remove or vary our service or any page of our website, including these Terms and Conditions, with immediate effect.
By visiting the Run-Fast website you accept, and agree to, the content of these Terms and Conditions. We reserve the right to change these Terms and Conditions at any time. It is your responsibility to check and familiarise yourself with these Terms and Conditions before you use this website and/or place your order. If you do not agree to be bound by these Terms and Conditions, please refrain from visiting and using this website.
1.1 "We/Us/Our/The Company/Run-Fast" means Run-Fast Retail Ltd, company no 07864951, Vat registration no 126 4982 94.
1.2 "You/the customer/the benefactor/the recipient" means a user of this website.
1.3 "Website" means the websites located at www.run-fast.net and www.run-fast-retail.net and any subsequent URL which may replace them.
1.4 "Product/Item/Stock/Goods" refers to any product(s) displayed for sale on this website.
1.5 "UK" means England, Wales, Scotland & Northern Island.
1.6 "Personal information" refers to the details you provide when placing an order via this website and/or creating or editing an account.
2.1 All items advertised on this website constitute an invitation to you either to make further enquiries or to make an offer to buy.
2.2 By placing an order on this website you are offering to buy your chosen items, subject to the following terms and conditions. This does not constitute a binding contract between you and Run-Fast until your order is accepted by Run-Fast and your chosen items are despatched to you. This is notwithstanding that we may have sent you an email acknowledging your order.
2.3 All orders are subject to approval and various checks, product availability, payment and confirmation you accept these terms and conditions and the order price.
2.4 Once you have placed your order we will send an acknowledgement email to you, confirming all details of the order ("the acknowledgment email"). This email is merely an acknowledgement of your order and does not constitute acceptance by us of your order. However, please check the contents of this email to confirm that the details of your order are correct. If you notice any inaccuracies, please let us know as soon as possible.
2.5 If, after acknowledging your order, we are unable to process it or accept it for whatever reason we will inform you. Please note that we reserve the right not to accept any order. There may be a range of reasons why we are unable to process your order, for instance:-
2.5.1 the product you chose is unavailable;
2.5.2 we are unable to obtain authorisation for your payment;
2.5.3 we have identified an error in the product(s) pricing or description.
3 ORDER ACCEPTANCE
3.1 We will only accept your offer to buy product(s) from this website once we have processed your order and we have received full payment for your chosen products. Please note that all card payments are subject to validation checks and authorisation by the card issuer. If your card issuer refuses to authorise payment to us, Run-Fast cannot be liable for any delay or non-delivery of your chosen products.
3.2 We will notify you that the 'order acceptance' stage in the process has been reached by emailing you to confirm that your order is due to be despatched ("the despatch email").
3.3 The contract formed between Run-Fast and yourself is formed when we send you the despatch email.
3.4 Only those items listed in the despatch email will be included in this contract.
3.5 We will endeavour to fulfil the contract within 30 days of the order acknowledgement email.
3.6 If for any reason we are unable to do so we will notify you in writing as soon as we become aware of the difficulty.
3.7 Please note that we reserve the right to cancel any order up to the time of despatch and in such circumstances we will refund any money that has been taken.
4 ORDER CANCELLATION
4.1 Pursuant to the Distance Selling Regulations 2000, you may cancel your order by confirming your desire to cancel in writing (by letter, fax or email) to us. Your right to cancel an order ends 7 working days after the day on which you receive your order and accept delivery.
4.2 If you cancel within the aforementioned 7 working days timeframe we will refund shipping costs associated with Run-Fast sending out your cancelled order to you, but we will not refund any shipping charges associated with you returning the product(s) to us unless the product(s) concerned is faulty.
4.3 Refunds may take up to 30 days to be processed.
4.4 If you are cancelling your order after you have received your order you are required to return the items contained within that order to us in a good and re-saleable condition, with all packaging and labels intact and according to the instructions for returns provided by Run-Fast that can be found on this website.
5 TITLE TO GOODS
5.1 Ownership (and title) of all items contained within your order will not pass to you until after we have received payment in full by way of cleared funds.
5.2 Until ownership (and title) of all items contained in your order has passed to you, you are obliged to:
5.2.1 hold the product(s) as trustee of the Company;
5.2.2 store the product(s) (at no cost to us);
5.2.3 maintain the product(s) in a satisfactory condition.
6 STOCK AVAILABILITY
6.1 We use all reasonable endeavours to ensure that we do not advertise on our website products that we do not have in stock. Therefore, the indication as to stock levels on this website should be accurate and we endeavour to keep them up to date at all times.
6.2 However, there may be rare occasions when we may be unable to fulfil your order, either immediately or at all, and therefore we may not be in a position to supply you with your chosen items. As such, all products are subject to availability.
6.3 In such circumstances we will endeavour to obtain your chosen item from the relevant manufacturer/distributor, offer you an alternative equivalent or similar product, process your order without your chosen item or cancel your order in its entirety.
6.4 We will notify you as soon as possible with regard to any difficulties or delays in processing your order.
6.5 You will only be charged when your order is despatched.
7 PRODUCT DESCRIPTIONS AND PRICES
7.1 The products available via this website are provided solely for your private domestic and personal use as a consumer only.
7.2 We take all reasonable care to ensure that all product details, descriptions, colours, sizes and prices provided on the website are accurate.
7.3 We also ensure the website is as accurate as possible and is updated regularly.
7.4 However, the product information contained on the website may not always reflect the position exactly at the time you place your order and on rare occasions an incorrect price may have been uploaded. Therefore we cannot confirm the precise price of a product until your order is accepted.
7.5 All product images displayed on this website are as accurate as possible. However, due to a number of factors beyond our control, such as internet browsers, monitor colour contrast settings etc the Company cannot be held responsible or liable for any differences in colour that may occur between the image on this website and the actual product you receive.
7.6 We reserve the right to withdraw products from sale at our sole discretion at any time and without prior notice.
7.7 If there is any difference between the price or description of a product on the website and at the moment that you place your order, or where an error in the pricing of a product has occurred, we will correct the price and we will inform you as soon as possible. In such circumstances you are permitted to either cancel your order or proceed with your order on the basis, and in acceptance of, the new productâ??s price or details. If we are unable to contact you we will cancel your order at our discretion. We are not obliged to supply your chosen products at an incorrect price.
7.8 All prices listed on the website are inclusive of VAT in the event that a product attracts VAT at the standard rate. In certain circumstances, depending on the location of the customer, VAT can be refunded.
7.9 The only prices that apply to products available via the Run-Fast website are those listed on this website. The Company cannot be bound by prices listed by any other third parties.
7.10 We reserve the right to adjust prices and offers at our sole discretion at any time and without notice but not after we accept your order.
8 ACCURACY OF INFORMATION YOU PROVIDE
8.1 It is the responsibility of each customer and website user to ensure the information that you provide to Run-Fast is complete and accurate. The Company cannot be liable for any delays or non-delivery caused by the provision of inaccurate information by the customer.
8.2 Each website user agrees not to impersonate any other person or entity or to enter false details or a false name.
8.3 If you, as a website user, breach these responsibilities you will be liable for any costs we incur in resolving any matter that may arise as a result of your breach.
9.1 We will take all reasonable care to keep your personal information and payment secure.
9.2 However, in the absence of negligence on our part, we cannot be held liable for any loss you may suffer in the event that a third party obtains unauthorised and unlawful access to any data you provide during the course of your use of this website.
9.3 We use systems that encrypt your personal information and card details into code before transmitting them. Therefore, in the unlikely event that a third party gains unauthorised access and/or intercepts your data, it will be protected by way of encryption.
All card holders are subject to validation checks and authorisation by their card issuers. If the card issuer refuses to authorise payment for your chosen items we will not be in a position to despatch your order and cannot be responsible for any delay or non-delivery of the same
11.1 Deliveries are made at our risk and by a shipping agent of our choice.
11.2 Quoted delivery times are subject to any delays outside of our control, including any delays resulting from postal delays or delays suffered by our other shipping agents or force majeure, for which we cannot be held responsible.
11.3 In the event of a force majeure event, the performance of the Company is deemed to be suspended for the period that the force majeure continues and the Company will enjoy an extension of time for performance for the duration of that period. Run â??Fast will notify you of any such event as soon as possible.
11.4 Upon delivery, you have a duty to inspect the items you receive immediately upon their receipt and you must notify Run-Fast in writing, by post, fax or email within 5 days of delivery if any of the items you receive are damaged or do not comply with your order.
12 RETURNS AND EXCHANGES
If you wish to return or exchange a product, please follow the instructions contained in the Returns section of this website and the returns instructions enclosed with your order.
13 FEEDBACK AND COMPLAINTS
If you wish to offer feedback or make a complaint, please let us know at [email protected] or call us on 020 7036 2300.
14 STATUTORY RIGHTS
14.1 Your statutory rights as a consumer in the UK will not be affected by these Terms and Conditions.
14.2 This includes your statutory right as a consumer in the UK to cancel your order and return any products for a refund. For the sake of clarity, this statutory right of cancellation starts on the date that you submit your order and expires within 7 working days, beginning on the day after the day on which you receive your order.
15 THIRD PARTY LINKS ON THE WEBSITE
15.1 We may provide links on our website to the websites of third parties who are not connected to Run-Fast in any way. You can access the websites of these third parties via the Run-Fast website at your sole discretion.
15.2 Any link provided on this website is provided for the use and convenience of visitors to the Run-Fast website. The links do not represent any endorsement or recommendation by Run-Fast, nor do they indicate that Run-Fast has any association with the linked websites.
15.3 We make no representations that this website or its content or any linked websites are available or appropriate for use in a location outside of the UK. Therefore, those visitors to the Run-Fast website or any linked websites who access these websites from outside the UK do so of their own initiative and are responsible for compliance with all applicable local laws.
15.4 You acknowledge and agree that as you have chosen to enter the linked website of a third party that Run-Fast is not responsible in any way for the availability and, without limitation, the content of any third party website or the quality and authenticity of any product(s) and/or services that are advertised, recommended or available on or via any third party website.
15.5 You further acknowledge and agree that Run-Fast is not responsible or liable in any way for:
15.5.1 the privacy practices of such websites;
15.5.2 the use to which others make of these websites;
15.5.3 any damage or loss or offence caused or alleged to be caused by or in connection with the use or reliance upon any information, product, advertisement or services contained or referred to on such websites.
16 LINKING TO OUR WEBSITE
16.1 You are permitted to link to our website, as long as you do so in a fair and legal manner and do not damage or injure the reputation of Run-Fast or take advantage of it in any way.
16.2 You are not permitted to link to our website in such a way as to suggest any form of association, approval or endorsement on our part where it does not exist.
16.3 You are not permitted to establish a link to our website from any website that you do not own in your own right.
16.4 This website must not be framed on any other site.
16.4 We reserve the right to withdraw permission without notice and at any time to link to our website.
17 TRADEMARKS ETC
17.1 The name, logo and branding of Run-Fast are the property of the Company and cannot be reproduced or used without the prior written permission of the Company.
17.2 All brands and trademarks shown on this website are the property of their respective holders and/or are licensed for use by Run-Fast and are shown here for descriptive purposes only and are not to be reproduced or used.
17.3 All contents, including images, artworks and reviews displayed on this website are automatically copyright protected. In accessing the Run-Fast website you agree that you may only download the content for your own individual and non-commercial use. You are not permitted to broadcast, copy, store, download, transmit, show or play in public, adapt or change in any way the content of the pages on the Run-Fast website for any other purpose whatsoever without the prior written permission of the Company.
18 COMPETITION RULES
18.1 These rules, and any other rules that are specified in reference to a particular competition, shall apply to all competitions run by the Company.
18.2 No one under the age of 18 is permitted to enter into any competition offered or operated by Run-Fast unless their parents or legal guardian provide prior written permission, sent by email or post direct to Run-Fast.
18.3 By participating in a competition you agree to be bound by the competition rules set by the Company and by the decisions made by the Company, which are final in all matters relating to competitions.
18.4 We reserve the right to disqualify any entrant and/or winner at our absolute discretion for any reason and without notice.
18.5 For entries to be counted they must all be received at the place specified and by the date and time specified in the particular competitionâ??s rules. Late or incomplete entries will be disqualified. Proof of posting shall not be deemed proof of delivery. No responsibility can be accepted by Run-Fast for any entries that are lost, delayed, misdirected or corrupted during delivery to the required place.
18.6 Entries must be submitted by an individual and, unless otherwise specified, are limited to one per household.
18.7 We reserve the right, at our sole discretion, to substitute any prize with cash or a prize of comparable value.
18.8 The winning entry will be that which has met the entry criteria and which most closely meets the competition criteria as specified. In most instances entries are chosen at random either by hand or via internal systems.
18.9 Unless otherwise stated, each competition is open to all UK residents of 18yrs or older, except employees of any Run-Fast company or any third party appointed by Run-Fast to organise/manage the competition or any competition sponsor(s).
18.10 By entering a competition you:
18.10.1 Grant permission to any third parties appointed by us for the purpose of organising and/or managing the competition, the competition sponsor(s) and also any Run-Fast company to use your name and likeness for the purpose of organising and/or managing the competition, for announcing the winner of the competition and for related promotional purposes; and
18.10.2 Grant any competition sponsor(s) and any Run-Fast company the right to use your personal information to send you information about our/the competition sponsor(s) respective products and services, which we feel may be of interest to you.
18.10.3 Accept that, upon receipt, all entries will become our property and will not be returned.
18.10.4 Retain all rights you have in the copyright and other intellectual property rights comprising the competition entry but, by entering the competition, you grant us and our licensees the right to re-publish your competition entry free of charge;
18.10.5 Waive any moral rights or similar rights you have in your competition entry whether such rights arise pursuant to the Copyright, Designs and Patent Act 1988 or equivalent legislation anywhere in the world; and
18.10.6 Warrant us that the competition entry is wholly original to you and not wholly or substantially copied from any other material and that the competition entry does not defame, cause injury to or invade the privacy of or otherwise infringe or violate any statutory, common law, regulatory or intellectual property rights of any third party.
18.10.7 Grant any competition sponsor(s) and any Run-Fast company the right to use your personal information to send you information about our/the competition sponsor(s) respective products and services, which we feel may be of interest to you.
18.11 If you choose to unsubscribe from receiving information on products, offers or services which we feel may be of interest to you, from a third party that has organised a competition or from a Run-Fast company, you will not be disqualified from a competition.
18.12 If you are a winner, you may have to provide additional information (including, without limitation, proof of age or identity) and/or complete additional documents and provide them to Run-Fast within a specified period. Failure to provide additional information and/or complete additional documents within the required time period, or notification returned as undeliverable as addressed, will result in your disqualification as a winner and an alternative winner will be selected.
18.13 The name(s) of the winner(s) and details of the winning entry or entries will be sent to anyone who requests this within three (3) months of the closing date of the competition. Requests should be sent to the postal or email address for competition entries and, if postal, should be accompanied by an SAE.
18.14 If you are a winner of a competition:
18.14.1 the receipt by you of any prize is conditional upon you complying with any and all applicable laws, rules and regulations including, without limitation, the Competition Rules;
18.14.2 you acknowledge and agree that no Run-Fast company nor any competition sponsor(s) or any of their employees, agents or subcontractors shall have any liability to you whatsoever in connection with your use and/or possession of your prize. Provided that nothing in these competition rules shall exclude or limit the liability of any party for personal injury or death caused by negligence or for anything else which cannot be excluded or limited by law.
18.15 Unless otherwise stated, the Company is the promoter of the competition.
18.16 If any of these rules are deemed to be illegal, invalid or otherwise unenforceable, the affected rules shall be deleted from these competition rules but the remaining rules shall remain in full force and effect.
19 PROMOTIONS AND OFFERS
19.1 Offers and promotions are not valid in conjunction with any other offers, discounts or sales unless it is expressly stated otherwise.
19.2 Where an offer is for a specific brand or product, these are not interchangeable and may not be exchanged for another brand product.
19.3 Discount codes may be offered at our sole discretion to account holders, club runners and/or regular customers. Discount codes cannot be applied to orders already placed.
20 GIFT VOUCHERS
20.1 The process for ordering and redeeming postal or email gift vouchers is set out on the Gift Voucher page of this website.
20.2 The Run-Fast gift vouchers do not expire. They can be redeemed at any time.
20.3 If you place an order for items whose total value exceeds the value of the gift vouchers that you wish to redeem, you will be obliged to pay the balance and therefore you will be asked for an additional method of payment to cover the balance that is due on your order.
20.4 If your order for items totals less than the credit that is available on your gift vouchers then the Run-Fast sales system will save your remaining credit so that it is available for use on any future orders you might make. In order to draw on this credit on your Run-Fast account at a future date you will need to re-enter your gift voucher number and password. Therefore you are obliged to ensure that you keep your gift voucher number and password safe in the interim so that they are available to you for use in the future.
20.5 You are able to purchase or redeem more than one gift voucher at any one time.
20.6 You are able to return items that you purchased with gift vouchers. However, any money that will be due to you will be credited to your Run-Fast account for future purchases. The Company is not able to exchange gift vouchers for cash or return the value of the gift vouchers to you.
20.7 Gift vouchers are currently not redeemable on our retail site, only in our shop.
21.1 The Company shall not be liable for incidental or consequential damages or expenses. This includes, but is not limited to, damage to property, lost income, profits, economic or commercial losses and third party claims.
21.2 We will endeavour to ensure your order is despatched to you as quickly as possible. However, we have no liability to you for any delay in the delivery of your order.
21.3 To the extent permitted by law, the Company disclaims all warranties (express or implied) as to the accuracy of the information contained on this website or any linked website. The Company shall not be liable to any person for any loss or damage which may arise from the use (or misuse) of any of the information contained on this website or any linked website.
21.4 Although the Company will do everything in its power to prevent abuse, the Company is not responsible for information, reviews and/or messages sent or uploaded by users of this website and third parties.
21.5 The Company will also do its best to ensure this website functions and operates properly at all times. However, the Company makes no warranties as to the availability and/or accessibility of the website and we will not be liable for any damages, loss, costs or expenses incurred by you as a result of any lack of accessibility or availability of the website or any failure, error or delay in despatching your order or sending or receiving any notice, communication or instruction.
21.6 The Company endeavours to ensure that this website is free from viruses or defects. However, the Company will not be responsible or liable in the event that your use of this website or any linked website causes damage to your computer. It is your responsibility to ensure that you have the appropriate software available to you to enable you to safely use this website and screen out anything that may damage your computer.
21.7 The Company cannot be responsible or held liable to any person for any loss or damage which might arise as a result of any failure on your part to protect your username and password login details for your Run-Fast account or registration.
21.8 This clause does not affect your statutory rights.
22 WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT ("WEEE") RETURNS
22.1 Pursuant to the WEEE Directive and WEEE Regulations 2006 the Company will, for free, take back and correctly dispose of or recycle your old electrical or electronic product when you buy a new equivalent product from the Company. Spare parts are not covered by this.
22.2 This will only be done on a 'like-for-likeâ?? basis such that if you buy, for example, a new Garmin Forerunner watch from the Company we will accept in return your old Garmin Forerunner watch if you wish to dispose of it. In such circumstances we will dispose of it correctly for you.
22.3 If you wish to take advantage of this service, please post or drop in to our offices your old and unwanted electrical or electronic product to us within 28 days of placing your order for your new electrical or electronic product. Please include your name and order reference number in the package when returning your old and unwanted item. The Company cannot be liable for the shipping costs of returning your old and unwanted items.
23.1 You are not permitted to assign the terms of the contract you enter into with Run-Fast without the prior consent of Run-Fast.
23.2 Run-Fast will be entitled to assign the terms of any contract you enter into with Run-Fast without your consent.
24 ENTIRE AGREEMENT
24.2 The Parties hereby acknowledge and represent, that they have not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set out in these Terms and Conditions, along with any rules which are specified by the Company to apply to any particular competition, together with all other information contained on this website.
24.3 If any of the clauses contained in these Terms and Conditions or contained in any other information which appears on this website, are deemed by the English Courts to be unlawful, invalid or otherwise unenforceable, the affected clauses shall be deleted but the remaining clauses, terms and conditions and information on this website shall remain valid, in full force and effect and enforceable.
25 GOVERNING LAW AND JURISDICTION
19.1 The construction, validity and performance of these Terms and Conditions, all other information contained on this website and any contract you enter into with the Company shall be governed by and construed in accordance with English Law.
19.1 You agree that in the event of any dispute that arises in relation to these Terms and Conditions or any other information contained on this website, if not resolved between the Parties by way of mediation, shall be subject to the exclusive jurisdiction of the courts in England and Wales.