Shop Terms and Conditions
Terms and Conditions for the Sale and Supply of Goods
These Terms and Conditions set out the standard terms and conditions of The Racehorse Owners Association Limited (‘‘ROA’’), and apply to all sales of goods made by the ROA to individual customers either online at www.roa.co.uk (“Website”) or over the phone by calling 0207 152 0200 (the ‘‘Terms’’).
Please read the Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide products to you, how either of us may change or end the contract, and what you should do if there is a problem.
If you do not agree to these Terms, you must not buy our products.
1 information
1.1 We are the Racehorse Owners Association Limited (number 00398604). Our registered office is on the 1stFloor at 75 High Holborn, London WC1V 6LS. Our registered VAT number is 235 2798.
1.2 If you have any queries relating to any of our products or these terms, you can contact us by calling 0207 152 0200 or by writing to us at [email protected] or 75 high Holborn, London WC1V 6LS.
1.3 When you place your order with us, you will be required to provide us with the information we reasonably request. Please ensure the information you provide is complete, accurate and up-to-date.
1.4 All information you provide to us that amounts to personal data under the Data Protection Act 1998 will be processed in accordance with our privacy policy located here.
1.5 If we have to contact you about your order we will do so either by telephone or by email, based on the details you provided to us when you placed your order.
2 BASIS OF CONTRACT
2.1 Your order will be accepted by us when you receive an email from us confirming your order with your unique order number. Please refer to this in all related correspondence with us.
2.2 Our contract with you will be formed on the date and at the time that this email is received by you.
2.3 If we cannot accept your order (for example, if the product is out of stock, there is an error in the price or description of the advertised product, or we are unable to meet your specified delivery deadline), we will notify you in writing and you will not be charged until such time as the order can be accepted.
3 PRODUCTS
3.1 All images of products on our Website are for illustrative purposes only. Although every effort is made to display colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the products. Products may therefore vary slightly from those images.
3.2 Product packaging may also vary from images shown on our Website.
4 PRICE
4.1 The price for the product will be indicated when you placed your order. Payment must be made in full before despatch.
4.2 We accept payment by all major debit or credit cards. Payments made online will be by our preferred third party payment gateway, secured in accordance with payment card industry data security standards.
4.3 VAT will be charged in addition at the prevailing rate at the date your order is supplied to you (adjusted accordingly).
4.4 Where the product has been incorrectly priced, we will notify you before accepting your order. Where this occurs, you may exercise your rights under clause 7.4.
5 DELIVERY
5.1 We are happy to sell products to customers located outside of the UK, subject to payment of the applicable postage and delivery charges (as notified to you).
5.2 Costs of delivery will vary depending on the products you order. Such costs will be displayed on our Website or otherwise notified to you prior to placing your order with us. Products can also be made available for collection from our store at 75 High Holborn, London WC1V 6LS.
5.3 We will endeavour to deliver the products to you as soon as reasonably practicable (and in any event, within 30 days of the date we accept your order). During the order process, we will let you know more specifically when we aim to provide the products to you (usually within 5-7 working days from the date your order is accepted).
5.4 Our products will be delivered to you by a third party. If this supply is delayed by an event outside of our control, we will contact you as soon as possible to let you know and take steps to minimise effects of the delay.
5.5 We will notify you if we have to suspend delivery of a product to you due to:
a. technical problems;
b. changes required to be made by law or regulation; or
c. changes requested by you.
5.6 We reserve the right to suspend delivery of the products to you until such time as you have paid for the products in full.
6 changes
6.1 Please let us know as soon as possible after ordering if you wish to make changes. We will let you know if this is possible, including any changes to the price, timing of supply or other information.
6.2 We may make minor changes to our products to reflect any changes in applicable laws or regulations.
7 CANCELLATION AND REFUNDS
7.1 Where you wish to cancel the contract, please let us know as soon as possible by phone or email or by completing the following form:
Merchandise refund form.pdf
7.2 We may cancel the contract if:
a. despite our reasonable efforts, we are unable to contact you to re-arrange delivery or collection;
b. you do not make payment to us when it is due;
c. we intend to withdraw the product from sale for any reason; or
d. the information you provide to us on request (to enable us to process your order) is inaccurate or incomplete (and we are unable to reach you in order to rectify it).
7.3 You may cancel the contract if:
a. there is a risk of substantial delay in delivery, caused by an event outside of our control;
b. the product is faulty or mis-described on delivery;
c. we have done, or intend to do something you do not agree with prior to delivery of the product (see 7.4); or
d. you have simply changed your mind about the product.
7.4 We will refund you in full for any products paid for, but not yet delivered to you if:
a. we intend to alter the product (including the price) in a manner you disagree with;
b. there is an error in the price or description of the product and you no longer wish to proceed; or
c. we are unable to process your order or deliver to you due to technical problems which cannot be rectified;
d. sub-clauses 6.2c or 6.3a apply.
7.5 Where the products are faulty or mis-described (and you wish to cancel under sub-clause 6.3b), please let us know. You may return such products (free of charge) within 30 days of delivery and receive a full refund from us in such circumstances.
7.6 Where you have simply changed your mind about the product (under sub-clause 6.3d) you may do so at any time before delivery, or within 14 days of delivery. You may use the model cancellation form located on our website at www.roa.co.uk/cancellationform or otherwise notify us. A refund will be given to you in full as soon as you can provide proof of postage of the product within 14 days of the date you notify us, to the return address provided on delivery.
7.7 No refund will be issued unless and until the relevant products are returned to us.
7.8 We will refund you the price you paid for the products returned to us, including any return delivery costs we have agreed to pay, within 14 days on the date we receive the product from you, by the same method you used for payment subject to the following deductions (if applicable):
a. any return delivery costs (in accordance with the least expensive delivery method we offer for that product); and
b. any reduction in value of the product caused by you handling the products in a manner not permitted in a shop (whether the same is discovered on immediate or latent inspection).
8 DEFECTIVE PRODUCTS
8.1 We are under a legal duty to supply products that:
a. conform to their description;
b. are fit for purpose; and
c. are of satisfactory quality.
8.2 In addition to your rights to obtain a refund set out in clause 6, you may also:
a. receive a full refund (including costs of return delivery) if your goods are faulty and you notify us within 30 days of delivery;
b. receive a full refund (including costs of return delivery) where your goods cannot be repaired or replaced within six months; and
c. some of your money back if your goods do not last a reasonable length of time up to six years from the date of purchase.
8.3 Nothing in these terms will alter or affect your legal rights under the Consumer Rights Act 2015.
9 TITLE AND RISK
9.1 The product(s) shall become your responsibility on delivery to the address you gave us when you placed your order.
9.2 You will own the product when you pay for it in full, cleared funds.
10 YOUR LIABILITY
If we are required to end the contract for any of the reasons set out in clause 7.2, we will refund any money you have paid to us in advance for the product we have not provided, but we may deduct or charge you reasonable compensation for the net costs we incur as a result of you breaking this contract.
11 OUR Liability
11.1 If we fail to comply with these Terms, or fail to use reasonable care and skill when performing this contract, we are responsible for any foreseeable loss or damage you suffer as a result. Foreseeable loss includes losses that are either obvious or if, at the time the contract was made, both us and you knew it might happened (i.e. we discussed it with you during the sales process and accepted your order on this basis).
11.2 We do not exclude or limit our liability to you in any way that would be unlawful to do so. This includes liability for:
a. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
b. fraud or fraudulent misrepresentation;
c. breach of your legal rights in relation to the products (as set out in these terms); and
d. defective products under the Consumer Protection Act 1987.
11.3 All products are supplied to you for domestic and private use. We shall not be liable to you whether in contract, tort (including negligence) or breach of statutory duty for any loss of profit or any indirect or consequential losses arising under, or in connection with, any contract between us.
11.4 Our total liability to you for all other losses arising under or in connection with any contract between us whether in contract, tort (including negligence) or breach of statutory duty, for all claims (connected or unconnected) shall be limited to the total amounts paid by you for the products under that contract.
12 GENERAL
12.1 We may transfer our rights and obligations under these Terms to another organisation. Where we intend to do this, we will let you know in advance.
12.2 Subject to the following, you may only transfer your rights and obligations under these Terms to a third party with our prior written consent. If you are a consumer, you may transfer your rights to a third party who has lawfully acquired the product from you by way of gift only. Where this happens, we may require reasonable evidence from that third party that they are now the relevant owner.
12.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.4 If a court finds part of this contract illegal, the rest will continue in force.
12.5 If we do not immediately insist that you do anything that you are required to do under these terms, or if we delay taking steps against you, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
13 DISPUTES
13.1 These terms are governed by English law only. You may bring proceedings in respect of the products in the English courts. If you live in Scotland or Northern Ireland, you may bring legal proceedings in respect of the products in either the Scottish, Northern Irish or English courts (respectively).
13.2 If you are unhappy with how we have handled a complaint, you may want to contact the alternative dispute resolution provider applicable to the products we provide. In these circumstances, you can submit a complaint to the relevant dispute resolution bodies listed here
]. The ADR entity will not charge you for making a complaint and, if you are not satisfied with the outcome, you may still bring legal proceedings. You are hereby notified that we currently exercise our rights to opt out of this facility.
13.3 Where you are resident in the EU but outside of the UK, complaints may also be submitted for online resolution to the EC’s ODR platform which has now been stablished, located here.