terms & conditions
Terms and Conditions of Sale
1.1. These terms and conditions of sale shall govern the sale and purchase of products from Badger Rugby Limited and its associated trade names.
1.2. You will be asked to provide your express agreement to these terms and conditions before you place an order via our website
1.3. This document does not affect any statutory rights you may have as a consumer.
2.1. In these terms and conditions:
2.1.1. “we” means Badger Rugby Limited and;
2.1.2. “you” means our customer or prospective customer
2.1.3. “us”, “our” and “your” should be construed accordingly
2.1.4. “goods” means the goods (including the instalment of the goods or any parts for them) which we are to supply in accordance with these terms
2.1.5. “order” means your acceptance of our quotation for the goods or the order placed by you for the goods whether by means of an individual quotation, any catalogue or website which the seller publishes or provides
2.1.6. “Terms” mean the standard terms of sale set out in this document and any special terms agreed verbally or in writing between you and us.
3. Our Products and Commitment to Supply
3.1. These terms govern the sale of the goods sold by us to you as named or described on our website, catalogue, quotation or other order form, and submitted by you to us via our website, by fax, email or post, and where the goods are supplied to you as a result of your acceptance of our quotation.
3.2. The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer. The images of the products on our website are for illustrative purposes only. Although we make every effort to accurately display the colours, we cannot guarantee that the colours displayed on your computer screen/ android device accurately reflects the colour of the garments and products and may vary slightly from the images displayed.
3.3. After placing your order with us, or our appointed agent, you will receive an email from us accepting your order. Your order constitutes an offer to buy a product from us. All orders are subject to acceptance by us; this is confirmed by receipt of an email from us. The contract between us will only be formed when we send you our confirmation email.
3.4. With bespoke or custom manufactured teamwear orders, an order is considered as confirmed once the order confirmation and designs have been signed off in writing (letter/ fax/ email/ via our website) by you. Once the order is confirmed and the delivery date advised, you are obliged to: accept delivery of the products you have ordered; pay the agreed price and adhere to the payment terms of the order.
3.5. As our products are handmade all: sizes; weights; capacities; dimensions and measurements indicated on our website have a +/- 2% tolerance.
3.6. The packaging of the products may vary from those shown on the images displayed on our website.
4. Website Use
4.1. You may only use our website for lawful purposes. Certain areas of our website will require or permit you to enter content of your own. Where this is the case the content must not:
4.1.1. Contain any material which is obscene, offensive, inflammatory or, which promotes discrimination against any individual, organisation or company in respect of race, sex, religion, nationality, disability, sexual orientation or age
4.1.2. Infringe any copyright or trademark associated with Badger Rugby Limited, our partners or any other business or person
4.1.3. Be used to imitate any person or misrepresent your identity or affiliation to any team, club, university, college, school or other organisation.
4.1.4. You may only purchase products from our website if you are at least 18 years old.
5. Availability and Delivery
5.1. Off the Shelf product lines
5.1.1.Subject to stock availability, we aim to despatch orders received for off the shelf product lines within 3 working days of receipt of your order. For domestic shipments, our delivery partner provides us with a Next working day service and a 2 working days service and makes every effort to deliver in accordance with the delivery service selected or requested.
5.1.2. We also offer a collection service, with these orders being available for collection within 3 working days of receipt of your order. Our collection hours are 9am to 4.30pm Monday to Friday.
5.1.3. If we are unable to supply you with any off the shelf product line on an order: the product line is not in stock; is no longer available; we cannot meet your requested delivery date or; there is an error on the price on our website, we will inform you of this by email and will offer you an alternative product or cancel this product line from your order. If you have already paid for the product, we will refund you the full amount paid for this product line together with any delivery charge paid for this product line within five working days.
5.2. Bespoke or Custom Manufactured Orders
5.2.1. We aim to deliver all bespoke or Custom Manufactured teamwear orders within 15 working days of receipt of the approved artwork and customisation information.
5.2.2. Unless we have agreed payment terms, all orders are to be paid for prior to despatch.
5.2.3. New Bespoke or Custom Manufactured teamwear orders must consist of a minimum of 10 garments per product and must include a minimum of 10 garments per fit and design.
5.2.4. Whilst every effort is made to despatch orders by the agreed date, seasonal peaks in demand or other unavoidable circumstances mean that your advised despatch date may be put back. We will notify you if this situation arises and agree a revised despatch date with you.
5.2.5. We reserve the right to split the despatch of your ordered goods in to more than one shipment.
5.3. Delivery costs for products on our website are for deliveries to the UK Mainland only. Please contact us for International delivery costs. Any Bespoke or Custom teamwear order delivery costs with be confirmed by your account manager (or agent) during the order process.
5.4. International Deliveries
5.4.1 We can ship off the shelf and bespoke made products internationally and will contact you to agree the shipping arrangements and courier costs to be paid for any international orders we receive.
6. Price and Payments
6.1. If you place an order with us via our website, the price payable for the products ordered will be as per amount quoted on our website at the time we accept your order.
6.2. You may place an order with us following the receipt of a written or verbal quotation from us, with our prices being those detailed in our quotation.
6.3. The prices quoted in our quotation are valid for a period of 14 days from the date of our quotation. If you wish to order any products stated in our quotation after this date and there has been a price change, then we will prepare and send you a new quotation for your enquiry.
6.4. Notwithstanding the above clauses and when there are factors beyond our control, we reserve the right, by giving written notice to you at any time before despatch of your order, to vary the price of the products being purchased by you.
6.5. Unless you have agreed a Credit account with us, you are to pay us for the total gross value of your order (products purchased; VAT; any applicable carriage and insurance charges) before any goods can be shipped or collected by you.
6.6. If you have agreed a Credit account with us, payment for your order is to be received in full by us within 30 days of the date of our invoice and we reserve the right to revoke any agreed credit facility if you fail to pay us by the due payment date or terms agreed.
6.7. Payments can be made to us by Debit or Credit Card. You can also pay by Bank Transfer or by cheque. As soon as your money clears in our bank account we will release your order.
7. Delivery and Title
7.1. Delivery of your order will be made to the address advised on your order, or by you collecting your goods from our premises in Dudley. A signature confirming safe receipt of your order is required on delivery or collection.
7.2. Any despatch dates quoted are approximate and we shall not be liable for any delay in the delivery of your order howsoever caused.
7.3. If you fail to take delivery of your order at the address advised on your order or there is a delay in the agreed collection of your order then, without limiting any other rights or remedy available to us, we will store your goods for you until a successful delivery can be effected, on the understanding that we may charge you reasonable costs (including insurance) for this storage.
7.4. Notwithstanding delivery and the passing of risk of the goods supplied or any other provision of these terms, the title for the goods supplied to you will not pass to you until we, or our appointed agent, has received full payment, including any associated carriage or insurance charge, for these goods.
7.5. Until such time that the title for these goods passes to you, we may, at any time, require you to return these goods to us. If you fail to do so, we or our appointed representatives, reserve the right to call at and enter your premises, or those of any third-party where these goods are stored, to repossess our goods.
8. Cancellation, Returns and Refunds
8.1. Off the Shelf and non-customised products:
8.1.1. You can, within 14 working days of receipt, return to us for a full refund, any off the shelf product line which has not been customised, on the understanding that these goods will be returned to us in their original packaging and with all swing labels and tags still attached. The full refund will exclude any delivery or additional charges applied to your original order. Thereafter, for a period of 14 working days, you can exchange the product line for an alternative of equal value.
8.1.2. Should you have any queries relating to cancellations, returns and refunds, please contact us on 01384 458 527.
8.1.3. This does not affect your statutory rights in respect of defective products.
8.2. Bespoke or Custom Manufactured products:
8.2.1 If you wish to cancel an order for bespoke or customised products, your cancellation notice must be made within three working days of you placing your order. Please be aware that a cancellation of your order may be subject to a fee in respect of any work carried out by us up to the date of your notification.
8.2.2. As bespoke or custom products are manufactured or sourced by us to order, returns are not accepted nor refunds given on these products, if they are produced or supplied in line with the recorded and confirmed order instructions and approved proofs.
8.2.3. If we fail to comply with your order instructions or approved proofs, or the product is found to be faulty, we will happily exchange the product. Notification of an issue or fault with an order must be made to us within 48 hours of delivery. The goods must be retained in their original, unused condition and the cost of any loss or subsequent damage will be your responsibility.
9.1. Information on washing instructions, is provided in the tab labelled ‘Garment Care’.
10. Intellectual Property
10.1. All rights, including copyright and database rights relating to the our website and its content are owned by or licenced to Badger Rugby Limited or otherwise used by Badger Sports Group as permitted by applicable law or the copyright holder.
10.2. You may not copy, reproduce, republish, download, post, broadcast or transmit any text, images, graphics, logo or underlying source code for any purpose without written permission from us or the copyright holder.
10.3. We are the owner of all trademarks including names, images, logos, registered or unregistered designs, copyrights and any other intellectual property which appear on our websites. We do not give permission for their use by any person other than the holders. Any such use may constitute an infringement of the holder’s rights.
11.1. We warrant that the goods we manufacture will be free from defects in material and workmanship for a period of six months from the date of delivery unless otherwise stated in writing.
11.2. We shall be under no liability:
11.2.1 in respect of any defect in the goods arising from any drawing or specification supplied by you;
11.2.2.In respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, external force, damage caused by you or any other party or damage caused by incorrect installation, use modification or repair of the goods;
11.2.3 Under the above warranty if the total price for the goods supplied has not been paid in full by the payment due date;
11.2.4.The above warranty does not extend to parts, materials or equipment not manufactured by us. In these instances, please refer to the manufacturer’s guarantee provided with your product.
11.2.5.The above warranty is given solely to you and is not transferable to any third party.
11.3. Where you do not notify us that there is a valid claim in respect of any goods, we may replace or repair the goods or, at our discretion, refund to you the price of the goods, in which case we will have no further liability to you.
11.4. We shall not be liable to you for any loss or damage arising out of any problem in relation to the goods and shall have no liability to pay any money to you by way of compensation other than any refund made under these terms.
11.5. This does not affect your statutory rights as a consumer nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
11.6. We have taken every care in the preparation of the content of our website. The content displayed on our website however is provided without any guarantees, conditions or warranties as to its accuracy. We will not be responsible for any errors or omissions or for the results obtained from the use of content or for any technical problems you may experience with our website. If we are informed of any inaccuracies in the content of our website we will correct this inaccuracy as soon as we reasonably can.
11.7. Visuals for bespoke or custom-made products will be created using the logos and details you provide to us or we hold on file on your behalf. We accept no responsibility for the printing or reproduction of poor quality logos provided to us however, for a fee, we do offer a logo re-drawing service. All the designs, logos and colours represented on our order sheets and proofs are for guidance purposes only and are not to scale.
12. Force Majeure
12.1. We shall have no liability to you for any failure or delay in supply or delivery, or for any damage or defect to the goods supplied or delivered hereunder that is caused by any event or circumstances beyond our reasonable control.
13.1. We reserve the right to amend our terms and conditions and other policies without prior notice and to whatever extent, so long as they are legal, is deemed suitable by us.
13.2. If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you), the validity, legality or enforceability of any other part of these conditions will not be affected.
13.3. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or we delay in doing so, that does not mean that we have waived our rights against you and will not mean that you do not have to comply with your obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
13.4. The operation of our website and the purchase of goods are governed by English law. Any disputes arising from or relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
14. Our Details
14.1. This website is owned and operated by Badger Rugby Limited.
14.2. We are registered in England and Wales under registration number 03967341 and our registered office is at Churchfield House, 36 Vicar Street, Dudley, West Midlands DY2 8RG
14.3. Our principal place of business is: 2 Blackacre Road, Dudley, West Midlands DY2 8NB
14.4. You can contact us:
14.4.1. By post using the postal address given above;
14.4.2. Using our website contact form
14.4.3. By telephone, using the contact number published on our website
14.4.4. By email, using the email address published on our website