CONSUMER TERMS AND CONDITIONS
Spada reserves the right to modify these terms at any time without prior notice. Any modification of these terms will be deemed to be effective from the date and time of posting on Spadaclothing.com
In this document the following words shall have the following meanings:
“Buyer” means the person who buys Products from Spada;
“Conditions” means the terms and conditions of sale set out in this document and any additional terms and conditions agreed in writing by Spada;
“Delivery date” means the date specified by Spada when the Products are to be delivered;
“Products” means the articles to be supplied to the Buyer by Spada;
“Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable;
“Price” means the price set out in the list of prices of the Products maintained by Spada as amended from time to time and displayed on Spadaclothing.com or such other price as the parties may agree in writing plus such carriage, packing, insurance or other charges or interest on such as may be quoted by Spada or as may apply in accordance with these conditions;
“Spada” means Spadaclothing.com, Spadamtb.com & Spadascooters.com
These conditions shall apply to all purchases of Products by the Buyer from Spada to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may seek to apply.
All orders for Products shall be deemed to be an offer by the Buyer to purchase Products pursuant to these Conditions.
The Buyer’s order is an offer to Spada to buy the product(s) in the order. Spada may acknowledge that it has received the Buyer’s order, but this does not confirm acceptance of your offer to buy the product(s) ordered. Spada only accepts the Buyer’s offer and concludes the contract of sale for a product ordered by the Buyer, when it dispatches the product to the Buyer.
Acceptance of delivery of the Products shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
Any variation to these Conditions (including any special terms and conditions agreed between the parties including without limitation as to discounts) shall be inapplicable unless agreed in writing by Spada.
Any advice, recommendation or representation given by Spada or its employees or agents to the Buyer as to the application or use of the Products or otherwise which is not confirmed in writing by Spada is followed or acted upon entirely at the Buyer’s own risk, and, accordingly, Spada shall not be liable for any such advice, recommendation or representation which is not so confirmed.
Except as specifically stated on this site, neither Spadaclothing.com nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of Spadaclothing.com. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation): compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
To the extent allowed by law, by using Spadaclothing.com you agree that Spadaclothing.com will not be liable to you or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the spadaclothing.com.com site or your use of it.
PRICE & PAYMENT
Prices on Spadaclothing.com are inclusive of V.A.T. at the current rate, but not delivery or insurance charges. Spada reserves the right to alter prices without notice subject to factors outside of our control.
If Spadaclothing.com discovers a pricing error between your order being placed and your order being dispatched, we reserve the right to remove the product from sale and inform you accordingly. Should this be the case we will do our best to resolve this situation with you.
Where these have been extended to a Buyer, Spada reserves the right to grant, refuse restrict, cancel or alter credit terms at its sole discretion at any time.
All prices are inclusive of legally applicable VAT.
At the time the Spada website was last updated the Products were available. Spada endeavours to provide an accurate stockholding position at the time of purchase, however cannot be more specific about availability. Spada will inform the Buyer if any Products the Buyer orders are not available and the Buyer will not be charged for those products.
Purchase of the Products by the Buyer and passing of title in the goods to the Buyer is subject to payment in full of cleared funds by the Buyer to Spada even where the Products have been dispatched to the Buyer.
Non- or failed-payment by the Buyer for any reason shall terminate the rights of the Buyer in respect of the relevant purchase for which payment has not been received and funds cleared.
When ordering Products from Spada for delivery outside of mainland UK, the Buyer may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by the Buyer; Spada has no control over these charges.
Additionally, please note that when ordering from Spada, the Buyer is considered the importer of record and must comply with all laws and regulations of the country in which the Buyer is receiving the Products.
The products, prices and services illustrated on our website do not constitute a legally binding offer. No contract for the supply of products or goods will be deemed to exist between you and Spada until full payment has been made. Goods will not be dispatched until paid for in full. Acceptance of an order takes place upon dispatch at which point the purchase contract will be made
Spada reserves the right to withdraw from a prospective contract at any time prior to dispatch. Under these circumstances Spada will notify you as soon as possible and the option to wait for stock, choose an alternative or a full refund will be offered.
It is the responsibility of the customer to check the desired colour and suitability of the product size before purchasing.
With the exception of Special Orders, you may cancel your order without reason and be provided with a full refund if within 14 days of placing the order prior to dispatch. With the exception of Special Orders, you can return any unused items to us within 14 days. Please see Returns section.
DISPATCH / DELIVERY
We do our best to dispatch every order as soon as possible. Any dates quoted for delivery of the Goods are approximate only and the Buyer shall not be liable for any delay howsoever caused. The customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. Spada reserves the right to charge for missed and rearranged deliveries.
Spada shall not be liable for any losses, costs, damages or expenses incurred by the customer due to failure to meet an estimated delivery date.
During delivery the customer must visually inspect the package(s) before signing any delivery receipt document. In the event of visible signs of transit damage, the Customer must notify Spada within 24 hours of receipt.
Spada will only accept returns if the goods purchased are UNUSED, not damaged or defective and returned within 30 days of purchase with the original tags and are in perfect condition. Proof of purchase must be produced, this can be a till receipt, credit card statement or a Bank statement.
Goods that are defective or damaged must be reported to Spada within 7 days of delivery. Spada will arrange collection of the goods and carry out an inspection upon their return. Returned goods must be fully re-packaged and sealed in the original packaging with a returns note clearly showing the order number obtained from spadaclothing.com.com and a description of the fault.
Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage and the associated cost of carriage.
Spada products must be sent back to us directly using our preferred courier service
Special Order Items and Sale Items may only be exchanged or refunded if they are found to be faulty or defective with the receipt. Refunds will only be given on faulty or defective goods with proof of purchase.
This does not affect your statutory rights.
WARRANTY & LIABILITY
Spada warrants that all goods will comply in all material respects with their description and that they will be of a satisfactory standard. The goods will be fit for the purpose and free from any material defects in design or workmanship.
While every effort is made to ensure that the information on spadaclothing.com is accurate, Spada gives no warranty to and accepts no responsibility for any loss which may be construed to be as a result of relying on information on Spadaclothing.com, or in respect of any omissions or errors. Errors or inaccuracies in the material on Spadaclothing.com are corrected as soon as possible.
The warranty on the goods does not apply to any defect arising from: fair wear and tear, wilful damage, accident damage, negligence by you or any third party, using the goods in any way that we do not recommend, failure to follow instructions regarding their use, or carrying out alterations to goods without our written approval.
Responsibility for the goods lies with Spada until you are in receipt of them.
REGISTRATION & ACCOUNTS
You may register for an account with this website by completing and submitting the account registration form on this website and following the instructions provided on the website or e-mail
You must not allow any other person to use your account to access the website.
You must notify us in writing immediately if you become aware of any unauthorised use of your account.
You must not use any other person's account to access the website, unless you have that person's express permission to do so.
User login details
If you register for an account with this website, [you will be provided with] OR [you will be asked to choose] [a user ID and password].
You must keep your password confidential.
You must notify Spada in writing if you become aware of any disclosure of your password.
You are responsible for any activity on this website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
CANCELLATION & SUSPENSION OF ACCOUNT
Suspend your account; cancel your account; and/or edit your account details,
at any time in its sole discretion with or without notice to you.
Spada will usually cancel an account if it remains unused for a continuous period of 36 months.
You may cancel your account on this website using your account control panel on the website.
LIMITATIONS OF LIABILITY
It is entirely the customer’s responsibility to ensure any Helmet they are purchasing is legal for use in the intended location. All helmets sold on Spadaclothing.com are UK and European Road Legal to EC22/05.
Spadaclothing.com does not accept liability for failure to supply caused by matters beyond the company’s reasonable control.
Spadaclothing.com is not responsible for exchange rate changes, import duty, or import tax to your Country. It is up to the customer to check any duty that may be payable prior to placing the order, and to pay it upon import to your Country.
Unless specific terms and conditions apply the terms in this clause will apply to all promotional or special offers made by Spada.
From time to time on www.spadaclothing.com (the “website”) Spada may run promotions.
Only one promotion can be used per order. A promotion may not be used in combination with other promotions.
A Buyer is restricted to ordering no more than five (5) of the same Product during any promotional period and any further orders for the same product by the Buyer during the same promotional period may be refused, cancelled or withdrawn by Spada.
Terms & Conditions of Promotional Codes
Up to a maximum of 5 promotional products can be purchased per order. This offer is subject to stock availability. The promoter Spada reserves the right to cancel a promotional code at any time or to amend these terms and conditions by republishing them.
All promotions are subject to availability and while stocks last. Spada reserve the right to end a promotion at any time.
Spada shall not be liable for any financial loss arising out of the refusal, cancellation or withdrawal of any promotion or any failure or inability of a customer to take advantage of a promotion for any reason.
Spada shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and Spada shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as Spada considers unreasonable, it may without liability on its part, terminate the sale of the Product and reimburse the Buyer for the payments the Buyer has made.
These terms and conditions are governed in accordance with the laws of England and Wales.