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PLYMOUTH TROPHYMAN WEBSITE TERMS OF TRADE
Every sale of Goods by Plymouth Trophyman via the Site is subject to these Terms.
Definitions
| "Customer" |
any person who offers to purchase Goods from Plymouth Trophyman; |
| "Goods" |
any goods or products including trophies, shields, cups, trays, crystal and fine glass
products, medals, ribbons, resin figures, tankards, hip flasks listed on the Site or offered otherwise by
Plymouth Trophyman; |
| "Order" |
any order made by a Customer for the purchase of Goods; |
| "Plymouth Trophyman" |
Julian and Lynda Gumbrell of Unit 34, Scott Business Park, Beacon Park Road, Plymouth, PL2 2PQ; |
| "Site" |
the web Site accessible via www.plymouthtrophyman.co.uk and www.plymouthtrophyman.com |
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Orders
1. By placing an Order the Customer agrees to be subject to these Terms to the exclusion of all
other terms and conditions. No Order shall be deemed to be accepted by Plymouth Trophyman until
either the Goods are delivered to the Customer or Order is acknowledged by Plymouth Trophyman.
Plymouth Trophyman reserves the right to reject any Order for any reason.
2. The Customer is responsible for ensuring that the Order and acknowledgement details are
complete and accurate. In particular the Customer agrees to carefully check the delivery address
on the acknowledgement of Order.
3. Plymouth Trophyman will usually acknowledge each Order within 24 hours of receipt. If
Plymouth Trophyman has any questions regarding your Order it will contact you directly and
processing of your Order may be delayed as a result.
4. All Orders are subject to stock and raw material availability. Plymouth Trophyman reserves
the right to make minor changes to the format of all Goods in any way (colours, metals and other
materials used etc.) without notice, depending on the availability of stock or raw materials.
5. In the event that the Goods ordered are unavailable, Plymouth Trophyman will, where
practicable, offer to supply the Customer, a substitute item of Goods equivalent in type, price
and quality to that in the Order.
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Price
6. The prices for the Goods shall be the prices published on the Site on the date of the Order.
Plymouth Trophyman may vary the published prices from time to time.
7. All prices are inclusive of any VAT and exclusive of the delivery charge which will be
automatically added during the Order process. The delivery charge for the UK mainland will be
£11.75 including VAT. Other destinations will be quoted on request.
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Payment
8. Payment must be made via the Site by the Customer at the time of the Order. Payment may be by all
major credit cards as well as Switch and Maestro, as listed on the Site.
9. No Goods will be despatched unless payment has either been received or irrevocably authorised.
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Delivery
10. The Goods will be despatched via courier services. Plymouth Trophyman estimates, but does
not guarantee that Goods will be passed to the courier service within 10 working days of the
date of an Order.
11. If multiple orders are made it may not be possible to include them all in one delivery
charge since Plymouth Trophyman has two courier collections per day and some may have been
despatched before others are processed. Accordingly it is best to include all Goods in one
Order.
12. The Customer, or an authorised representative, must sign for each delivery of the Goods and,
if no-one is available to sign, delivery may be delayed.
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Risk
13. Whilst Goods will be packaged and labelled as necessary to protect them from damage during transit,
once despatched any delay, damage or loss of Goods will be a matter between the Customer and the courier.
14. Risk in the Goods shall pass to the Customer at the time the Goods are despatched.
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Warranty
15. Plymouth Trophyman warrants that, upon despatch, the Goods will be of satisfactory quality
within the meaning of the Sale of Goods Act 1994.
16. Plymouth Trophyman shall not be liable for a breach of clause 15 that is apparent on
delivery unless the Customer gives written notice of the defect or damage to Plymouth Trophyman
within 3 days of the date of delivery and Plymouth Trophyman is given a reasonable opportunity,
after receiving the notice, to examine such Goods.
17. Plymouth Trophyman will not be liable for a breach of clause 15 if the Customer uses the
Goods after giving notice under clause 16 or the defect or damage is caused by the courier.
Plymouth Trophyman will supply the courier's details and terms of carriage on request. There is
a time limit of 3 days from the date of delivery for making claims.
18. Subject to clauses 16 and 17, if any Goods do not conform to the warranty in clause 15
Plymouth Trophyman may, at its option, replace such Goods or refund the price of such Goods. The
Customer shall, at Plymouth Trophyman's request and expense, return the Goods.
19. If Plymouth Trophyman complies with clause 18 it shall have no further liability for a
breach of the warranty in clause 15 in respect of such Goods.
20. All warranties, conditions and other terms implied by statute or common law are hereby
excluded, to the fullest extent permitted by law.
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Customer's Right to Cancel
21. In accordance with the Consumer Protection (Distance Selling) Regulations 2000, subject to
the condition below, the Customer has the right to cancel any Order for any reason and get a
full refund at any time before he receives the Goods, or up to the end of 7 working days after
the day he receives the Goods. To cancel an Order, the Customer should write to Plymouth
Trophyman within that time to the address in these Terms. This right of cancellation is not
available where the Goods are to be engraved for the Customer and have been engraved.
22. If the Customer has already received the Goods the Customer can only exercise the right to
cancel his Order if the Goods are still in a re-saleable condition, not engraved and the
packaging has been retained and if the Customer's right to cancel is exercised:
• the Customer must return the Goods at his own cost to the address in these Terms;
• the Customer must ensure the Goods are not damaged in the meantime; and
• if the Customer does not return the Goods as required, Plymouth Trophyman may charge the costs of recovering them.
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Returns
23. Goods may only be returned for reasons other than defect or damage if agreement is obtained in
writing signed on behalf of Plymouth Trophyman. All returns accepted will incur a handling charge of
25% of the price paid for the relevant Goods. Engraved items, if accepted for return, may incur a higher charge.
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Limitation of Liability
24. Subject to clause 25 and other than set out in these Terms all other liability of Plymouth
Trophyman is hereby excluded. The Customer's statutory rights are not affected.
25. Nothing in these Terms will exclude or restrict Plymouth Trophyman's liability for
fraudulent misrepresentation and/or for death or personal injury arising as a result of Plymouth
Trophyman's negligence.
26. Subject to clause 25:
• Plymouth Trophyman's total liability in contract, tort or otherwise is limited to 150% of the price of the Goods which give rise to the loss or damage; and
• Plymouth Trophyman shall not be liable to the Customer for any pure economic loss, loss of profit or any claims for consequential loss under these Terms.
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Data Protection
27. The Customer agrees to the processing of their personal data in order to process each Order and
provide information about the Goods. Plymouth Trophyman will comply with all relevant legislation
including the Data Protection Act 1998. For further information, see our Privacy Policy, a copy of
which is on the Site.
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General
28. Plymouth Trophyman may make reasonable amendments to these Terms by posting changes online.
Submitting an Order after such changes means you accept them.
29. If any part of these Terms is determined to be illegal, invalid or otherwise unenforceable
then it shall be severed from these Terms and the remaining Terms shall survive.
30. Plymouth Trophyman may assign its rights and obligations under these Terms. The Customer may
not assign its rights or obligations under these Terms without written permission from Plymouth
Trophyman.
31. No provision of these Terms shall be enforceable under the Contracts (Rights of Third
Parties) Act 1999 by persons other than Plymouth Trophyman and the Customer.
32. Plymouth Trophyman will not be liable for failure to meet its obligations under these Terms
if it is prevented from doing so by any circumstances outside its control.
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Notices
33. Any notice required or permitted under these Terms will be given in writing (which may be by
e-mail) and shall be deemed to have been properly given 48 hours after posting by first class
mail (by airmail if internationally) with postage prepaid to Unit 34,
Scott Business Park,
Beacon Park Road,
Plymouth,
PL2 2PQ, or if sent by e-mail to notices@plymouthtrophyman.com at close of
business on the day of effective transmission.
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Notices
34. Plymouth Trophyman will engrave Goods prior to delivery free of charge when requested in
writing by the Customer during the Order process.
35. All engraving carried out under clause 34 is subject to the maximum word limits and font
types set out on the Site. Font types actually used may not be exactly as represented on the
Site. The layout of each engraving shall be at Plymouth Trophyman's sole discretion.
36. Any logos or patterns to be engraved must be provided in one of the formats specified on the
Site. If it is necessary to re-draw any such logos or artwork in order to carry out engraving,
there will be a charge of £20.00 for this service.
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