Terms & conditions - Lucozade Sport Kit-Out Project
KIT-OUT PROJECT TERMS & CONDITIONS
1. INTRODUCTION
Please read these terms and conditions for the Lucozade Sport Kit-Out Project carefully.
Any participation in the Kit-Out Project including use of the Kit-Out Project website or app and redeeming codes to claim items of sports kit (“Kit”) from Lucozade Sport will be subject to these terms and conditions. You understand that by ordering any Kit, you agree to be bound by these terms and conditions. You should retain a copy of these terms and conditions for future reference.
If you are resident in Great Britain (England, Scotland and Wales), Channel Islands or Isle of Man, your agreement for taking part in the Kit-Out Project is with Lucozade Ribena Suntory Limited. If you are resident in the Republic of Ireland or Northern Ireland, your agreement for taking part in the Kit-Out Project is with Lucozade Ribena Suntory Ireland Limited.
The terms “we”, “us” and “our” within these terms and conditions refer to either Lucozade Ribena Suntory Limited or Lucozade Ribena Suntory Ireland Limited depending on who your agreement is with.
You will be invited to agree to these terms and conditions when registering to take part in the Kit-Out Project and when placing an order for Kit.
2. INFORMATION ABOUT US
Lucozade Ribena Suntory Limited is registered in England and Wales under company number 8603549 and has its registered office at 2 Longwalk Road, Stockley Park, Uxbridge, United Kingdom.
Lucozade Ribena Suntory Ireland Limited is registered in Ireland under company number IE534426 and has it registered office at 52 Merrion Square, Dublin 2, Ireland.
3. THE KIT-OUT PROJECT PROMOTION AND HOW TO TAKE PART
3.1 By registering through the Kit-Out Project website or app, you can collect codes which appear on promotional Lucozade Sport products (“Promotional Products”) and give them to sports teams that are collecting codes to redeem for Kit. You may collect codes for up to a maximum of three (3) sports teams at the same time.
3.2 When registering to take part in the Kit-Out Project, you can also create a profile for a sports team you are associated with. If you create a profile for a sports team you will become the administrator of the sports team’s account with the Kit-Out Project. Once you have created a profile for a sports team other people, who have registered to take part in the Kit-Out Project, can donate codes to the team.
3.3 When registering to take part in the Kit-Out Promotion, you can also register as an individual and collect for individual kit for yourself. When registering as an individual you will become the administrator of your profile. Friends and family will be unable to join or contribute codes to your account. Only you can enter codes to your own account.
3.4 If you are an administrator for a sports team’s profile, you can redeem codes and order Kit for the sports team you represent in accordance with the process outlined on the website or through the app.
3.5 A full list of Promotional Products which include codes is available on our website www.lucozadesport.com/kitoutproject. All Promotional Products are subject to availability.
3.6 The Kit-Out Project promotion is open from 00:01 on 01.07.14. You will be able to register to take part in the Kit-Out Project until 31.03.15. Codes can be redeemed for Kit by an administrator until 31.05.15. Any codes which have not been redeemed by this date will be lost.
3.7 No cash or alternative will be offered for codes in whole or in part.
4. RULES OF THE KIT-OUT PROJECT PROMOTION
4.1 Participation in the Great Britain Kit-Out Project is open to residents in Great Britain (England, Scotland and Wales), Channel Islands, Isle of Man.
4.2 You can register to collect codes if you are aged 12 years of age or older but you must be 18 years old or older to be an administrator for a sports team’s profile and to order Kit for that team.
4.3 Employees of Lucozade Ribena Suntory Limited and its subsidiaries, immediate family members of such employees and anyone professionally connected with the Kit-Out Project are not permitted to take part in the promotion.
4.4 If you are an administrator, you must give the Kit you order to the sports team associated with the profile you are the administrator of.
4.5 You must not:
(a) try and circumvent, disable or otherwise interfere with the proper functioning of the code entry process;
(b) give any false information in your account details;
(c) permit another person to use your account;
(d) take part in the Kit-Out Project if we have been disqualified or otherwise banned from taking part or using the
website or app;
(e) modify, interfere, misuse, intercept, disrupt or hack the website or app;
(f) create a profile for a sports team or act as a sports team’s administrator unless you have permission from the
sports team to do so;
(g) fail to provide proof of your identity and/or permission to act as an administrator for a sports team within a
reasonable time period specified by us;
(h) create more than one account or register on behalf of other participants;
(i) fraudulently or dishonestly claim codes or Kit;
(j) use the website or app or take part in the Kit-Out Promotion for an illegal purpose or to commit an illegal act;
(k) resell or auction codes;
(l) agree transfer codes to another sports team or party if they have already been donated to a sports team’s
profile; or
(m) provide (including gift or resell) Kit to any other party except the sports team you administrator for.
4.6 Only codes from Promotional Products will be accepted. Each code can only be entered once. Codes which you have donated a sports team in error will not be refunded.
4.7 Where you have or we have reasonable grounds to suspect that you have breached any of the rules in clauses 4.1 to 4.5 we may:
(a) suspend and/or delete your account;
(b) disqualify you from taking part in the Kit-Out Project; and
(c) make the codes you have collected invalid for use in the promotion;
4.8 Where you are in breach of clauses 4.5(f) and 4.5(g) we may also delete the sports team’s profile, remove codes donated to the sports team’s profile and/or transfer administration rights for the sports team’s profile to another person.
4.9 If you have any concerns that a sports team’s profile has been set up by someone without permission from the sport’s team, please contact us at www.lucozadesport.com/contact-us to let us know.
4.10 In the event that you close your account, you will immediately lose entitlement to use any codes you hold under the account.
4.11 In the event of any theft of codes, hacking, IT failure or human error that significantly prevents the proper and fair operation of the Kit-Out Project, we may cancel or amend the Kit-Out Project promotion or these terms and conditions at any stage but will always endeavour to minimise the effect on you in order to avoid undue disappointment.
5. REGISTERING TO TAKE PART IN THE KIT-OUT PROJECT
5.1 When you register to take part in Kit-Out Project you must set up an account with an email address ID and password. We encourage you to use strong passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account.
5.2 You are responsible for maintaining the confidentiality of your login details and any activities that occur under your account. If you have any concerns that your account may have been misused, you should contact us atwww.lucozadesport.com/contact-us straight away to let us know. You must keep the details provided in your account complete and accurate at all times.
6. EARNING ADDITIONAL CODES
6.1 As well as collecting codes from promotional Lucozade Sports products you can also earn an additional code for referring a friend to the Kit-Out Project. An additional code will be awarded if the invited friend joins the Kit-Out Project and enters a code. We reserve the right to limit the number of additional codes we award to an amount we deem reasonable for any particular account. You can refer a friend from your user dashboard.
6.2 We may include additional incentives to allow extra codes to be collected from time to time during the duration the Kit-Out Project is open for registration.
7. ORDERING KIT AND CONFIRMATION
7.1 The Kit which is available in exchange for codes as part of the Kit-Out Project and the number of codes that must be redeemed to claim the Kit is available here www.lucozadesport.com/kitoutproject We may include additional Kit at any time and without prior notice.
7.2 If you are the administrator for a sports team’s profile, you can order Kit for the team by following the process outlined on our website and through our app. You must have enough codes for the Kit you want to order.
7.3 You acknowledge that by placing an order with us you will be under an obligation to pay for the kit using the codes in your account and the codes required to pay for the Kit will be deducted from your account.
7.4 Kit can be ordered through our website and app but customised kit can only be ordered through our website.
7.5 Our order process allows you to check and amend any errors before submitting your order to us. Please take time to read and check your order at each stage of the order process.
7.6 Your order constitutes an offer to us to buy the ordered Kit with your codes. All orders are subject to availability and subject to acceptance by us. We will confirm such acceptance to you by sending you notice by email or post (the “Order Confirmation”). The contract between us to provide you with the Kit you order (“Contract”) will only be formed when we send you the Order Confirmation but we will debit the codes required to purchase the Kit in full from your account as soon as you place the order.
7.7 The Contract will relate only to the Kit confirmed in the Order Confirmation. We will not be obliged to supply any other Kit which may have been part of your order until the dispatch of such Kit has been confirmed in a separate Order Confirmation.
7.8 Unfortunately we cannot stop an order you receive the Order Confirmation. If you change your mind about your order after this point you may be able to return the Kit to us in accordance with the returns policy below at clause 15.
7.9 You must keep the contact details we hold for you up-to-date so that we can contact you if necessary about your order or the delivery of the Kit. Please inform us of changes to your contact details by updating the relevant details in your account or by contacting Customer Service at www.lucozadesport.com/contact-us
7.10 We may amend the codes required for Kit and replace Kit if it becomes discontinued with something of equal or greater value. Any amendments to the number of codes required for Kit or the Kit that is available through the Kit-Out Project promotion will not affect any order for which you have received and Order Confirmation.
7.11 If you wish to purchase additional items similar to the Kit you may do so by ordering directly from Kukri Sports Limited (“Kukri”) at your own expense. You will not be able to order any Lucozade Sport branded items directly from Kukri, although you may be able to purchase similar non-branded items. Kukri will confirm to you what Kit is available from them as part of their order process. You can contact Kukri for more information at katy.allen@kukrisports.com.
8. CUSTOMISED ORDERS
8.1 When placing your order you may be able to customise Kit by specifying its design, colour or personalising in some other way such as adding player numbers and team logos (“Customised Kit”).
8.2 Where you have Customised Kit in your order you will not have a right to cancel the order for the customised items in accordance with clause 15, although you will still have a right to return Customised Kit which is faulty.
8.3 You must have the right to use any name, logo, trademark, picture, text or other information you provide to be included in Customised Kit.
8.4 For the purpose of creating the Customised Kit, you give us unlimited permission, for no fee, to use, copy, reproduce, distribute, adapt, re-format, modify, publish, licence and sub-licence (and allow others to do the same) any name, logo, trademark, picture, text or other information you provide to us to be included in Customised Kit.
8.5 Any customisation of Kit must not:
(a) include a third party sponsor’s name, logos or trademarks;
(b) infringe third party rights including intellectual property rights (such as using another team’s logo, name
or trademark) or privacy rights;
(c) contain abusive, threatening, obscene, untrue, shocking, offensive, depictions of illegal acts, discriminatory,
bullying, harassing, defamatory, or unlawful material and language; or
(d) contain material or language that would damage Lucozade Ribena Suntory Limited or its subsidiaries reputation
or business interests.
8.6 Where you have or we have reasonable grounds to suspect that you have breached any of the rules in clauses 8.3 and 8.5 we may:
(a) suspend and/or delete your account;
(b) disqualify you from taking part in the Kit-Out Project; and
(c) make the codes you have collected invalid for use in the promotion.
8.7 We may at our sole discretion refuse to supply Kit containing designs, images, language and other content which we deem to be in breach of clause 8.5.
8.8 You can only order Customised Kit through the Kit-Out Project website.
9. DESCRIPTION AND PRICE OF THE PRODUCTS
9.1 The description and, subject to clauses 9.2 to 9.6 below, the number of codes that must be redeemed for any Kit you order will be as quoted on our website or app and as shown in the Order Confirmation.
9.2 The number of codes required for any Kit may change from time to time, but changes will not affect any order we have accepted.
9.3 The number of codes required for Kit includes delivery cost within the United Kingdom.
9.4 Every effort is made to ensure that the number of codes and descriptions shown on our website and app are accurate at the time you place your order. However, our website and app contains a large number of Kit and it is always possible that, on rare occasions and despite our best efforts, some of the listed Kit may have the number of codes required to purchase the Kit incorrectly shown.
9.5 We are under no obligation to provide Kit to you at the incorrect (lower) number of codes, even after we have sent you the Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing. However, we will advise you in writing where it is not possible to accept your order to buy the Kit for the number of codes stated on the website or app or in the Order Confirmation.
10. AVAILABILITY
10.1 All orders for Kit are subject to the availability of the Kit. We will inform you as soon as possible after placing an order if, for any reason, the Kit you have ordered is not available or are subject to any delay.
10.2 All Kit will be Lucozade Sport-branded while stocks last, thereafter they will be unbranded. Agility ladders, hurdles, slalom poles and cones will not be Lucozade Sport-branded.
10.3 If we are unable to supply you with Kit, for example, because we are our out of stock or because of an error in the number codes required to buy the Kit we will inform you of this by email and we will not process your order. If you have already paid for the Kit we will refund the number of codes used to purchase the Kit to your account as soon as possible.
11. IMAGES AND SIZING OF PRODUCTS
11.1 The images of the Kit on our website and app are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer will display the colours accurately or reflect the colour of the Kit. The Kit that are delivered to you may vary slightly from those images.
12. PAYMENT
12.1 Payment for Kit may be made by using codes that are held in your account.
12.2 We will debit the number of codes required for the Kit in full from your account immediately after you submit your order. We may terminate your order if you do not have enough codes in your account to pay for the Kit you order.
12.3 The number of codes required to buy Kit are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
13. DELIVERY
13.1 We deliver anywhere in Great Britain, the Channel Islands and the Isle of Man.
13.2 We will arrange for delivery once a Contract has been formed and confirm this to you in the Order Confirmation or by contacting you separately with a delivery confirmation and tracking number.
13.3 Orders will be dispatched by us within the time specified for the Kit on the website and app. The timeframes specified start to run from the time you receive the Order Confirmation. Delivery time is normally 6 weeks for ‘in-stock’ items delivered to Great Britain mainland addresses. Delivery to the Channel Islands and the Isle of Man may take a little longer. Delivery times for ‘out of stock’ items will take place after the item becomes available again. Items will be flagged as ‘out of stock’ on the website and app. Please note that delivery timescales are estimates.
13.4 It is essential that you, or someone on your behalf, will be available to receive and sign for the Kit at the delivery address at the time of the arranged delivery. If someone at the delivery address other than you signs for the Kit, we are entitled to assume that person is authorised by you to do so.
13.5 Sometimes delivery may be late or cancelled because of adverse weather conditions or other events outside of our reasonable control. If so, we will try to contact you as soon as we are able to in order to reschedule your delivery.
13.6 If no one is at the delivery address when delivery is attempted then the Kit will be taken back and the delivery agent will contact you to arrange a further delivery. We will not make any additional charge for this further delivery provided you have reasonably tried to inform us by giving us not less than 72 hours’ notice that no one will be at the delivery address.
13.7 If we are unable to deliver the Kit within three delivery attempts, we shall notify you and reimburse you the codes you paid for any Kit unless the Kit has been customised by you, in which case we will not reimburse you for customised items.
14. RISK AND TITLE
14.1 Subject to clause 15.3 below, you will become the owner of the Kit you ordered and responsible for risk of loss or damage to them once they have been delivered to you. Our responsibility for everything other than damage due to our negligence will end at the time the Kit is delivered.
15. CANCELLATION, RETURNS AND REFUND POLICY
15.1 We hope you will be pleased with the Kit you receive from us through the Kit-Out Project but if you are unhappy with your Kit, you can return them to us in accordance with the returns policy described in this section.
15.2 Any Customised Kit cannot be returned to us unless it is faulty. See further clause 8 above.
Right to cancel
15.3 You have a legal right to cancel the Contract between you and us within 14 days of delivery without giving a reason.
15.4 The cancellation period will expire 14 days from the day you or a third party acting on your behalf (excluding the company that delivers the Kit to you) takes physical possession of the Kit you ordered. Where you order multiple items in one order or Kit is delivered in separate parts, lots or pieces, the cancellation period will expire 14 days from the day you or a third party acting on your behalf (excluding the company that delivers the Kit to you) takes physical possession of the last item, part, lot or piece that makes up your order.
15.5 To exercise the right to cancel, you must inform us of your decision to cancel your Contract with us by making a clear statement that you would like to exercise your right to cancel in accordance with the Distance Selling Regulations 2000. The easiest way to do this is to contact us at www.lucozadesport.com/contact-us.
15.6 To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of your right to cancel before the cancellation period has expired.
Effects of cancellation
15.7 If you cancel your Contract with us, we will reimburse you all codes received from you for the returned Kit.
15.8 We will make the reimbursement without undue delay, and not later than:
(a) 14 days after the day we receive back from you any Kit supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the Kit, or
(c) if there were no Kit supplied, 14 days after the day on which we are informed about your decision to cancel this Contract.
15.9 We will make the reimbursement to your Kit-Out Project account.
15.10 We may withhold reimbursement until we have received the Kit back or you have supplied evidence of having sent back the Kit, whichever is the earliest.
15.11 You are only liable for any diminished value of the Kit resulting from the unfair/unreasonable wear and tear of the Kit which is not necessary to establish the nature, characteristics and functioning of the Kit. We may make a deduction from any reimbursement (you are entitled to from us) for such loss in value of any Kit we supply.
Faulty or mis-described goods
15.12 If you are returning Kit to us because it is faulty or mis-described, in accordance with clause 15.13, we will refund: the codes you paid for the Kit in full and any reasonable costs you incur in returning the item to us. As a consumer, you will always have legal rights in relation to Kit that is faulty or not as described. These legal rights are not affected by the returns policy in this clause 15 or these terms and conditions.
15.13 We will refund you by crediting the codes you paid back to your account with the Kit-Out Project.
15.14 We will arrange the replacement of any items that are faulty or mis-described and are returned after the end of the Kit-Out Project on 31.05.2015. If the ordered Kit is unavailable, we will replace with something of equal value.
How to return the Products
15.15 You must return Kit to us in the original condition you received it, as soon as reasonably practicable. We will collect the Kit from the address to which they were delivered. We will contact you to arrange a suitable time for collection.
15.16 Unless the Kit is faulty or is not delivered as described (in this case, see clause 15.12), you will be responsible for the cost of returning the Kit. Please see http://www.kukrisports.co.uk/returns/ for more details.
15.17 You must take care when opening packaging that the Kit was delivered in and carefully re-pack the Kit in the original (or similar) packaging prior to returning the Kit to us.
15.18 Details of your right to cancel and an explanation of how to cancel the Contract are provided in the email accepting your order.
16. FAULTY PRODUCTS AND WARRANTY ISSUES
16.1 Please contact us immediately at www.lucozadesport.com/contact-us if you believe you have received faulty Kit. Faults occurring after the 14 day cancelation period are still covered by the Sales of Good Act (1979).
16.2 We will pay for faulty Kit to be returned to our premises and forwarded to you after replacement/repair. If Kit returned during this period are found to be without faults or if a fault is caused by damage or misuse you will be responsible for paying our collection and subsequent delivery costs before they can be returned to you. If the fault is the result of damage or misuse you will be responsible for the cost of any repair or replacement that you request. Misuse includes (but is not limited to) failing to take reasonable care of the Kit; defects due to improper maintenance use or abuse of the Kit; alterations, modifications or repairs to the Kit not authorised or made by us; and any operation of the Kit in not for its intended use.
17. OUR LIABILITY
17.1 We are under a legal duty to supply Kit that is in conformity with our Contract to you.
17.2 In the event of a fault in our Products notified to us within a reasonable time after delivery we will (subject to confirmation of the fault), exchange the Products or refund you in full.
17.3 If we fail to comply with a contract between you and us, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our negligence, but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach or if the loss or damage was contemplated by you and us at the time we entered into the Contract.
17.4 The maximum loss or damage we will be responsible for under clause 17.3 is limited to the Codes you have paid us for the Kit to which the loss or damage you suffer relates.
17.5 Unless set out in these terms and conditions, we will not be responsible for any loss or damage to the Kit that occurs after you have taken delivery of them.
17.6 We warrant to you that any Kit purchased from us through our site are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
17.7 The provisions of clauses 17.2 to 17.4 do not exclude or limit in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) for fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
(e) defective products under the Consumer Protection Act 1987; and
(f) for any matter for which it would be unlawful for us to exclude, or attempt to exclude, our liability.
17.8 Nothing in these terms and conditions shall affect your statutory rights as a consumer. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards office.
18. YOUR INFORMATION
18.1 We process information about you in accordance with our privacy policy https://www.lucozadesport.com/privacy-policy
18.2 You agree to participate in any reasonable publicity accompanying and resulting from the Kit-Out Project if requested by us with no payment from us. Any reasonable costs incurred by you participating in such publicity will be met by us.
19. EVENTS OUTSIDE OUR CONTROL
19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control including acts of god, fire, flood, severe weather, explosions, war (whether declared or not), acts of terrorism, industrial disputes (whether or not involving our employees), or acts of local or central Government or of any other competent authorities.
20. RESOLVING DISPUTES
20.1 If you have a dispute with us relating to our contract with you, in the first instance please contact us at www.lucozadesport.com/contact-us and attempt to resolve the dispute with us informally. You can also write to us at: Lucozade Ribena Suntory Ltd. 2 Longwalk Road, Stockley Park, Heathrow, United Kingdom UB11 1BA.
20.2 In the unlikely event that we are not able to resolve the dispute informally, we will discuss with you the most effective way of resolving the dispute using mediation or arbitration based on the nature of the dispute.
21. EACH OF THESE TERMS OPERATES INDEPENDENTLY
21.1 Each of the paragraphs of these terms and conditions operates separately. If any court or any other relevant authority decides that any of these paragraphs are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
22. ENTIRE AGREEMENT
22.1 These terms and conditions set out the written terms of our contract with you for the purchase of the Kit. If part of these terms and conditions cannot be enforced then the remainder of these terms and conditions will still apply to our relationship.
23. UPDATING THESE TERMS AND CONDITIONS
23.1 We may modify or update these terms and conditions from time to time for reasons including:
(a) changes in how our business operates;
(b) changes in the legal or regulatory requirements that we must comply with; or
(c) changes in how we accept payment from you.
23.2 Every time you order Kit from us, the terms and conditions in force and available on our site at the time will apply to the Contract between us.
24. RIGHTS OF THIRD PARTIES
24.1 Any Contract made between you and us is only made between you and us. No third party will have any rights to enforce any of its terms.
25. TRANSFER OF OUR RIGHTS
25.1 We may transfer our rights and obligations under our contract with you to another organisation, and we will do our best to notify you if this happens, but this will not affect your rights or our obligations under the contract.
26. LAW AND JURISDICTION
26.1 These terms and conditions are governed by English law. This means that a Contract for the purchase of Kit made through our website or app and any dispute or claim arising out of or in connection with it will be governed by English law.
26.2 You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Scotland, Isle of Man or the Channel Islands, you may also bring proceedings in those countries.
27. CONTACTING YOU
27.1 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.
28. CONTACT US
If you have any queries about these terms, please contact us at www.lucozadesport.com/contact-us Lucozade Ribena Suntory Ltd. 2 Longwalk Road, Stockley Park, Heathrow, United Kingdom UB11 1BA. We’ll be here to help.