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Terms and Conditions

These terms and conditions apply to customers located in the UK (“Customers”) who access the higmansports.co.uk website (“Website”). Please read these terms and conditions carefully before accessing and/or ordering any goods from the Website.
These are the terms and conditions of Pauline Higman t/a Higman Sports, which is the firm that sells goods to Customers on the Website. If you access the Website, and/or place an order for goods, you agree to be bound by these terms and conditions.

Pauline Higman t/a Higman Sports 15 Chestnut Road, Eaglescliffe, Stockton on Tees. TS16 0BA

You should print a copy of these terms and conditions for future reference.

The Website is operated by Pauline Higman t/a Higman Sports
If you have any questions about the Website please contact higmansports@hotmail.co.uk

How to order
1. Select the goods you require from the Website and click ‘Add to bag’;
2. Choose the quantity of goods you wish to purchase from Higman Sports. Please note that a limit is set to ninety nine (99) units per item. To order quantities greater than 99 units per item, please contact higmansports@hotmail.co.uk who will be able to assist you with your order;
3. Review your bag making sure all specifications such as size and colour fit your requirements, then click “Secure Checkout”;
4. If you are a new user you will need to enter an email address and create a user name and password. You must keep your username and password confidential as they allow access to your account. To continue setting up an account you will need to enter your personal details, billing address (which must correspond with your payment card address) and delivery address;
5. Once you have set up an account, you will be directed to the (shipping confirmation / delivery options) page where you may enter voucher codes, select the type of delivery, and vary delivery and/or billing addresses.
6. You will then proceed to the secure payment page where you may select the payment type and complete your order. Your payment will be collected from you by Pauline Higman t/a Higman Sports. Following submission of your order you will be sent an automated order acknowledgement to the email address provided. ??
By placing an order through the Website, you warrant that you are legally capable of entering into binding contracts.

How the contract for the goods is formed between you and Pauline Higman t/a Higman Sports
After placing your order you will receive an automated acknowledgement. Please note that this does not mean that your order has been accepted. All orders are subject to acceptance by Pauline Higman t/a Higman Sports. You will receive an email confirming that Pauline Higman t/a Higman Sports has accepted your order when your order has been processed and is ready for delivery by Pauline Higman t/a Higman Sports.
Once Pauline Higman t/a Higman Sports accepts your order, a contract to purchase the goods from Pauline Higman t/a Higman Sports takes effect between you and Pauline Higman t/a Higman Sports.
The contract to sell goods to you only relates to those goods listed in the confirmation email.
You will not be charged before your order has been processed and is ready for delivery. However, upon receipt of your order, Pauline Higman t/a Higman Sports will create an authorisation. This will show on your bank statement as a reservation of funds which allocates the money to your order but this will not be realised until your order has been picked and processed by Pauline Higman t/a Higman Sports. In the event of us not being able to fulfil your order we will immediately request that your bank cancels the authorisation. If the authorisation still remains after several days, please contact your bank to request that they act upon our cancellation of the payment.

Our goods
A description of the main characteristics of goods can be found on the product pages of the Website.
Prices for goods on the Website appear on the product pages and include all applicable taxes.
Prices and offers may vary and may only be available for limited periods. All prices and offers are subject to availability and may be withdrawn or amended at our discretion. The prices on the Website may differ to prices in our retail stores, catalogues or elsewhere.
The Website contains a large number of goods and it is possible that, despite our best efforts, some of the goods listed on the Website may be incorrectly priced. If we discover an error in the price of the goods you have ordered we will inform you as soon as possible. We will give you the option of reconfirming your order at the correct price or cancelling it.

Pauline Higman t/a Higman Sports is under no obligation to sell incorrectly priced goods to you at the incorrect price.
Some offers carry a maximum quantity per customer. If this is applicable, this is detailed on the individual offer.

Ex display
Any goods showing ex display on the image are heavily marked down in price to clear. They may have been a display model in one of our stores and as such may show signs of discolouration, slight marks and evidence of prior fitting. Faults are NOT of a serious or structural nature and are usually minor marks.

Data protection and privacy
Any personal information provided to us will be processed in accordance with our privacy policy (need one)

Method of payment
You may pay by PayPal only at this stage.
Please ensure if you are using a credit card that you provide the card holder’s name as it is shown on the card, and the billing address corresponds as it appears on the card statement. Payment will be taken in GB pounds (£), and if applicable, your card will be charged according to the exchange rate at that time.

Fraud Prevention
To help us prevent fraud, orders of £200 GB pounds or more may require a landline telephone number. Card fraud is illegal and perpetrators will be prosecuted.

 

UK Delivery
Delivery costs are additional to the displayed price and vary depending on the delivery service you select, the country of delivery and the quantity/weight of goods ordered.
UK delivery charges will be confirmed to you, before your order is accepted.
If your order is particularly heavy it may be subject to extra delivery charges. If any order is subject to extra delivery charges you will be advised of the additional cost before delivery of your order begins. You have the option to cancel the order if you do not wish to pay any additional delivery costs.
Please note we are currently unable to deliver to PO Boxes.

UK Delivery options
Pauline Higman t/a Higman Sports offers the following options for orders – Standard Delivery (usually £4.99) and Next Day Delivery (usually £6.99) . Please see below for further information about UK delivery options.
Delivery times depend on the delivery service selected and the types of goods ordered. Pauline Higman t/a Higman Sports always aims to dispatch all goods in stock as quickly as possible. The maximum UK delivery lead time for goods is 30 days unless specifically agreed by Pauline Higman t/a Higman Sports with you.
Pauline Higman t/a Higman Sports will use third party couriers. Couriers will require a signature to ensure safe receipt of your goods. If you are not available to collect and sign on the courier’s first visit they may leave it at a neighbouring address, or in a safe place (i.e. hidden from sight and protected from the rain). A calling card will be posted through your door to let you know this has been done. If there is no safe place a calling card will be left with the courier’s contact number to arrange re-delivery.
The couriers will attempt re-delivery up to a maximum of three (3) times and if delivery is not successful after the third attempt they will return the goods to Pauline Higman t/a Higman Sports will issue a refund on their behalf. Pauline Higman t/a Higman Sports reserves the right to re-charge the delivery cost for re-delivery.

Standard Delivery
If you select Pauline Higman t/a Higman Sports’s standard delivery option, Pauline Higman t/a Higman Sports aims to have all accepted orders placed before 5pm dispatched in three (3) to seven (7) working days, excludes Weekends and Public/Bank Holidays.

BFPO Delivery
If you are ordering to a BFPO address then these shipments will be delivered to the BFPO Headquarters, once delivered there it will be the responsibility of the HQ to send these orders on to you. For only: £7.99.

Split delivery
Pauline Higman t/a Higman Sports may split delivery of your order into several parcels based on stock availability. You will not be charged extra for this facility.

Delivery of Personalised Goods
Personalised goods are non-returnable (please note that this does not affect your statutory rights). Our 24 hr delivery service is only available within the UK and cannot be guaranteed on orders that include personalisation due to the extended processing time. If your order is a mix of personalised and non personalised goods then the personalised goods may be processed and packaged separately at no additional cost to you, please see “Split delivery” above.

Returns and exchanges
Can I cancel any item that I order? Do I have to give a cooling off period here
You can cancel any item ordered online in accordance with the terms in this section apart from:
• personalised or bespoke items;
• any items which deteriorate or expire rapidly;
• magazines;
• any items that are sealed for health protection or hygiene reasons if you have unsealed them (or in the case of swimwear, underwear & lingerie, removed the hygiene strip), including but not limited to) cosmetics, duvets, hats, hosiery, lingerie, mattress protectors, mattresses, men’s underwear, perfumery, personal grooming products, pillows and swimwear;
• any computer games where the seal on the wrapping has been broken; and
• any items that have been inseparably mixed after delivery.
You cannot cancel your contract in respect of pierced earrings, made-to-measure/order goods (e.g. furniture) or perishable goods (e.g. foods) unless they are faulty, damaged upon delivery or incorrect.
Where you have failed to take reasonable care of the goods, we reserve the right to refuse a refund and return the goods to you at your own cost.
b) When do I have to cancel my order by?
Your cancellation period ends 14 days after the day on which the items are delivered to you (or someone you nominate to receive the items for you) or you collect your items from one of our stores (UK Mainland only). If your order consists of multiple items or parts which are delivered on different days, then the cancellation period (in respect of your whole order) ends on the day 14 days after the day on which the last of the items or parts are delivered to you (or a person you have nominated to receive the order).
c) How do I notify you that I want to cancel my order?
You can cancel by sending an email to higmansports@hotmail.co.uk, by telephoning (+44) 1642-788440 or by post to
Customer Returns,
Pauline Higman t/a Higman Sports, Navigation Way, Tees Barrage. TS17 6QA.

You need to give Pauline Higman t/a Higman Sports a clear statement that you would like to cancel which includes your name, address, details of the order you wish to cancel and some contact information such as a telephone number or email address.
You can use the Returns Form but you do not have to. ?? To use the form, simply print it off, fill it in and, either scan and email it to Pauline Higman t/a Higman Sports at the above email address or post it to Pauline Higman t/a Higman Sports at the address above.
d) How do I send my items back?
You must return your items by post to: Pauline Higman t/a Higman Sports, Navigation Way, Tees Barrage, Stockton on Tees. TS17 6QA no later than 14 days after the day on which you informed Pauline Higman t/a Higman Sports that you would like to cancel your order. Any returns are at your own risk. For your protection, Pauline Higman t/a Higman Sports recommends that you return your items via registered post.
You must pay for any return delivery costs, except where the wrong item has been sent to you or the item is defective. Where an item cannot, by its nature, be returned by post (for example an exercise bike) we charge a collection fee.
The items need to be in the original packaging where it forms part of the goods, for example, boxed goods, garments and gift items). Where an item has a return policy swing ticket attached, it must still be attached and undamaged upon return.
e) How much money will be refunded to me? Pauline Higman t/a Higman Sports will refund you in full for any items you return, but will deduct from any reimbursement an amount equal to any diminishment in value of the items as a result of you handling the items beyond what is necessary to establish the nature, characteristics and functioning of the items.
If you are returning all items in your order, Pauline Higman t/a Higman Sports will also refund the cost of the initial delivery to you but only up to the cost of the standard delivery charge. Pauline Higman t/a Higman Sports will not refund any Next Day, Express, Saturday or other premium component of any delivery charge. If you are not returning all the items in your order, the initial delivery cost will not be returned to you. Pauline Higman t/a Higman Sports will refund you using the same payment method originally used by you to make the payment (unless you have expressly agreed otherwise). You will be refunded no later than 14 days after the day Pauline Higman t/a Higman Sports receives the items you are returning back from you.
2) Items that are incorrect or require exchange
Please clearly state on the Returns Form the reason for return and whether you require a refund or exchange. Pauline Higman t/a Higman Sports is only able to exchange items for the same product.

Pauline Higman t/a Higman Sports advises that you send items back via registered post. The return address is:

Pauline Higman t/a Higman Sports, Navigation Way, Tees Barrage, Stockton on Tees. TS17 6QA
Personalised items are non-returnable (unless they are defective). Some items are non-returnable for hygiene reasons. Please note that this does not affect your statutory rights.
The items need to be in the original packaging where it forms part of the goods, for example, boxed goods, garments and gift items). Where an item has a return policy swing ticket attached, it must still be attached and undamaged upon return, and sent to Pauline Higman t/a Higman Sports at your own cost and risk.
You have a legal obligation to take reasonable care of the items while they are in your possession. If you fail to comply with this obligation, Pauline Higman t/a Higman Sports may have a right of action against you for compensation. This applies to all items that are returned.
Once a refund has been issued you will receive a confirmation email detailing the amount which has been refunded and the item(s) Pauline Higman t/a Higman Sports has received back. If a refund or reimbursement is payable to you, Pauline Higman t/a Higman Sports will transfer the money using the same method originally used by you to pay for your purchase. If Pauline Higman t/a Higman Sports cannot refund via the original payment then a cheque will be raised to the address on the order (except in the case of a full or part purchase of items using a Gift Card, as detailed below).
If any product purchased with a Gift Card is subsequently exchanged for a product of a lower price, any money owing will only be issued as a Gift Card. If your purchase was partially paid for on Gift Card and a refund is payable to you, your Gift Card will be refunded up to the card’s original value, and any outstanding balance owed after this will be refunded via the other payment method originally used for your purchase. If you no longer have the Gift Card used to purchase the returned item(s), Pauline Higman t/a Higman Sports will issue you with a new Gift Card to the value payable to you up to the amount of the card’s original value. Gift cards??

Pauline Higman t/a Higman Sports aims to process all returns as quickly as possible and you should receive confirmation of this within a week of having returned the item. Please note that at busy times of the year such as public holidays, these times may increase.
4) Defective items
In the unlikely event that you receive a defective product, you will be entitled to one of the following remedies:
1. Tier 1: within 30 days* of receiving the defective item, you can choose to receive either:
• a repair or replacement; or
• a full refund.
2. Tier 2: if more than 30 days have passed after you received the goods, you can claim a repair or a replacement of the defective item (but not a refund).
3. Tier 3: if the repair or replacement is not possible, or if it is unsuccessful or cannot be provided to you in a reasonable time, then you can choose to either:
• keep the defective item and claim a price reduction (the amount of the price reduction will be determined by Sports Direct depending on what is reasonable in the circumstances); or
• return the defective item and claim a refund (but note that if you have had the goods for more than 6 months, this refund may be reduced to take account of any use you have had from the goods).
* The Tier 1 right to reject, for perishable goods that would not be expected to last for 30 days, lasts only as long as such perishable goods would reasonably be expected to last.
If you think you have received a defective item, please return the items back to Sports Direct including details where possible of:
• Your Order Number
• Product Code/Product Name
• Details of the fault
• Whether you would prefer a refund or a repair or replacement

Returns address
Pauline Higman t/a Higman Sports advises that you send items back via registered post. The return address is:
Navigation Way, Tees Barrage, Stockton on Tees. TS17 6QA

Pauline Higman t/a Higman Sports will examine the returned items and notify you of your refund or repair or replacement via e-mail within a reasonable period of time.

Pauline Higman t/a Higman Sports will process any refund due to you as soon as possible and, in any case within fourteen (14) days after the day Pauline Higman t/a Higman Sports confirms via e-mail that you are entitled to a refund for defective items. The refund will be made to the same payment method originally used by you to make the payment (unless you have expressly agreed otherwise).

Pauline Higman t/a Higman Sports will bear the reasonable postage costs of returning the items up to the cost of the standard delivery charge. Pauline Higman t/a Higman Sports will not refund any Next Day, Express or other premium component of delivery.
If you have a query about returning goods, please contact higmansports@hotmail.co.uk

Warranty and limitation of our liability
If Pauline Higman t/a Higman Sports fails to comply with these terms and conditions, Pauline Higman t/a Higman Sports shall only be liable to you for the purchase price of the goods and any proven losses that you suffer as a result of Pauline Higman t/a Higman Sports failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.

Pauline Higman t/a Higman Sports will not be liable for losses that result from its failure to comply with these terms and conditions that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
Nothing in these terms and conditions is intended to exclude or limit Pauline Higman t/a Higman Sports’s liability for:
(a) death or personal injury caused by Pauline Higman t/a Higman Sports negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
(d) defective products under the Consumer Protection Act 1987;
(e) any other matter for which it would be illegal for Pauline Higman t/a Higman Sports to exclude or attempt to exclude its liability.
Whilst the Pauline Higman t/a Higman Sports adopts industry standard protections against computer viruses, it is not able to warrant that this website is free from computer viruses or any other malicious or impairing computer program.
Nothing in these terms and conditions is intended to affect your statutory rights.

Events outside our control
Pauline Higman t/a Higman Sports will not be liable or responsible for any failure to perform, or delay in performance of any of its obligations to you that is caused by events outside Pauline Higman t/a Higman Sports reasonable control (a “Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Pauline Higman t/a Higman Sports reasonable control and includes (without limitation) the following
(a) Strikes, lock-outs or other industrial action;
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) Impossibility of the use of public or private telecommunications networks; or
(f) The acts, decrees, legislation, regulations or restrictions of any government.
In the event of a Force Majeure Event, Pauline Higman t/a Higman Sports performance is deemed to be suspended for the period that the Force Majeure Event continues, and Pauline Higman t/a Higman Sports will have an extension of time for performance for the duration of that period. Pauline Higman t/a Higman Sports will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations to you may be performed despite the Force Majeure Event.

Written communications
Applicable laws require that some of the information or communications Pauline Higman t/a Higman Sports sends to you should be in writing. By accessing the Website, you accept that communication with Pauline Higman t/a Higman Sports will be primarily electronic through e-mail or notices posted on the Website. For contractual purposes, by accessing the Website you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that Pauline Higman t/a Higman Sports provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Intellectual property rights
Unless otherwise specified the intellectual property rights in the contents of all the pages in this website, are owned or licensed to Pauline Higman t/a Higman Sports or are used with permission from the owner.
The contents of this website may not be copied, reproduced, modified, downloaded or used in any form without our prior written permission.

Complaints
Pauline Higman t/a Higman Sports takes all feedback very seriously and aims to deal with complaints as quickly and effectively as possible.
For complaints relating to orders placed through the Website please email: higmansports@hotmali.co.uk To assist Pauline Higman t/a Higman Sports in dealing with your complaint, please detail all aspects of the complaint, your order number and your contact details.

Our right to vary these terms and conditions
Pauline Higman t/a Higman Sports reserves the right to revise and amend these terms and conditions from time to time. You will be subject to the terms and conditions that are in force at the time that you order goods from Pauline Higman t/a Higman Sports unless:-
• any change to these terms and conditions is required to be made by law or governmental authority, in which case the changes may apply to orders previously placed by you; or
Pauline Higman t/a Higman Sports notifies you of any changes to these terms and conditions before it accepts your order, in which case Pauline Higman t/a Higman Sports has the right to assume that you have accepted the change to the terms and conditions unless you notify Pauline Higman t/a Higman Sports to the contrary within seven (7) working days of receipt by you of the goods.

Safety warning
Physical activities can be hazardous. The selection and use of suitable equipment requires skill, and you should ensure you are appropriately equipped and trained. In the interests of your safety and the safety of others, you should also ensure that you are properly trained in the techniques you will need to employ in pursuit of your chosen activity. Pauline Higman t/a Higman Sports recommends that you seek and take the advice of a suitably qualified person before purchasing your equipment. Once purchased, the equipment should only be used in accordance with the manufacturers’ instructions and should likewise be inspected before use and properly maintained. Nothing in this notice affects your statutory rights.

WEEE regulations
The Waste Electrical and Electronic Equipment (WEEE) Directive aims to make producers pay for the collection, treatment and recovery of waste electrical equipment. The Directive also means that suppliers of equipment like high street shops and internet retailers must allow consumers to return their waste equipment free of charge.
Goods are marked with the crossed out wheeled bin symbol to show that they were produced after 13 August 2005, and should be disposed of separately from normal household waste so that they can be recycled.
Distributors of new Electric and Electronic Equipment (EEE) have a part to play in reducing the amount of WEEE going into landfill sites.
Pauline Higman t/a Higman Sports is obliged under this Directive to offer its customers free take-back of their WEEE on a like-for-like basis when you buy from Pauline Higman t/a Higman Sports a new Electrical or Electronic product.
For example, if a customer bought a new battery/stopwatch/pedometer from Pauline Higman t/a Higman Sports, Pauline Higman t/a Higman Sports would accept their old battery/stopwatch/pedometer and prevent it going into a landfill site by disposing of it safely. Customers must return their WEEE item to Pauline Higman t/a Higman Sports within 28 days of purchasing their new item.
Governing law and jurisdiction
These terms and conditions shall be subject to English law.
The courts of England and Wales shall have exclusive jurisdiction over all claims or disputes (whether contractual or non-contractual) arising in relation to, out of or in connection with these terms and conditions including orders for goods.