BA Clubs: Terms and Conditions of Use & Supply
In addition to governing your use of our website at www.baclubs.com (“our site”), any purchase of products (“Products”) or services (“Services”) listed thereon by you from our site is also governed by these terms and conditions (the “Terms”). You should understand that by continuing to use our site or by ordering any of our Products or Services, You agree to be bound by these Terms. We recommend that You print a copy of these Terms for future reference.
If You are unable to accept these Terms then You will not, in any event, be able to order any Products from our site.
In these Terms:
“BA Clubs" “Us’ or “We” means BA Clubs. Our registered office and main trading address is Concorde Club, Crane Lodge Road, Cranford, Middlesex, TW5 9PQ. Our VAT number is GB 224423006.
"You" means the person using our site or ordering Products or Services subject to these Terms.
1. Site Use
Access to our site is permitted on a temporary basis, and BA Clubs reserves the right to withdraw or amend the service We provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
We aim to update our site regularly and may change the content at any time. If the need arises. We may suspend access to our site or close it indefinitely. Any of the material on our site may be out of date at any given time and We are under no obligation to update such material.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and You may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
Our site is provided ‘as is’ with no warranties whatsoever. All express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. Neither BA Clubs nor its successors, affiliates, or assigns shall be liable under any circumstances for the use or misuse of our site. This limitation of liability shall apply to the fullest extent permitted by law to prevent the recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages (even if BA Clubs has been advised of the possibility of such damages).
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
You may link to our home page, provided You do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by You.
Our site must not be framed on any other site, nor may You create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
If You wish to make any use of material on our site other than that set out above, please address your request to email@example.com
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
If You have any concerns about material which appears on our site, please contact firstname.lastname@example.org.
Your use of our site means that You accept and agree to abide by all the following policies for that use, which supplement the remainder of these Terms:
1. You may use our site only for lawful purposes. You may not use our site (a) in any way that breaches any applicable local, national or international law or regulation (b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect (c) for the purpose of harming or attempting to harm minors in any way (d) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam) (e) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
2. You also agree (a) not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the further provisions of our terms of website use (b) not to access without authority, interfere with, damage or disrupt (i) any part of our site (ii) any equipment or network on which our site is stored (iii) any software used in the provision of our site; or (iv) any equipment or network or software owned or used by any third party.
We will determine, in our discretion, whether there has been a breach of these policies through your use of our site. When a breach of this policy has occurred, We may take such action as We deem appropriate.
Failure to comply with these policies constitutes a material breach of the terms upon which You are permitted to use our site and may result in our taking all or any of the following actions:
· immediate, temporary or permanent withdrawal of your right to use our site,
· immediate, temporary or permanent removal of any posting or material uploaded by You to our site,
· issue of a warning to You,
· legal proceedings against You for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach,
· further legal action against You,
· disclosure of such information to law enforcement authorities as We reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these policies. The responses described in this policy are not limited and We may take any other action We reasonably deem appropriate.
Law & Jurisdiction
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to a visit to our site, although We retain the right to bring proceedings against You for breach of these Terms in your country of residence or any other relevant country.
Please note that Section 12 of these Terms will also apply to your use of our Site.
TERMS OF SUPPLY
By placing an order through our site, You warrant that You are legally capable of entering into binding contracts and are at least 18 years old.
BA Clubs cannot accept your order until You have paid for it in full. You may pay by MasterCard, Visa Debit, Visa Delta, Visa Connect, Visa, Switch, Solo (although for certain age-restricted products (see Section 8, below) only a credit card may be used).
Upon payment, BA Clubs will confirm receipt of your order by an acknowledgement displayed onscreen once your payment details have been accepted, followed by an email which will be sent to the email address You provide on your order details.
You will have an opportunity to check and correct any input errors in your order up until the point at which You submit your order by clicking the “confirm order” button on the checkout page.
Your order represents an offer to Us to purchase the Products which is accepted by Us when We send You an email confirming acceptance of your order. A legally binding contract between You and Us is created at the point of our acceptance of your order. The contract will relate only to those Products detailed in our acceptance email; We will not have to supply any other Products which may have been part of your order, until We have confirmed our acceptance of your order for those Products in a further email.
BA Clubs reserves the right to choose not to accept your order for any reason, at its discretion, and will not be liable to You or anyone else in those circumstances.
The supply of Products or Services is subject to availability
3. Vendors/Third Parties and Goods and Services
The prices for Products displayed for sale on our Site are as set out on our Site, except in cases of obvious error. All prices are in pounds (£) sterling, inclusive of VAT. Delivery may be charged in addition, and any such additional charges are clearly displayed under “Shipping Charges”, where they apply.
Prices may change at any time prior to (but not after) acceptance of your order.
In the unlikely event that the price of an item has been incorrectly advertised on our site, We will contact You by email (at the address provided with your order details) or telephone You, to ask whether You wish to proceed with the order at the correct price. If You are not happy to proceed, or We are unable to obtain your instructions, We will cancel the order and provide You with a full refund of any monies debited. You should note that We are under no obligation to provide any Product to You at an incorrect (lower) price, even after We have sent You an acceptance email, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by You as a mispricing.
By using a credit/debit card to pay for your order, You confirm that the card being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment We will not accept your order and We will not be liable for any delay or non-delivery and We are not obliged to inform You of the reason for the refusal. We are not responsible for your card issuer or bank charging You as a result of our processing of your credit/debit card payment in accordance with your order.
For delivered Products purchased direct from BA Clubs, subject to availability, BA Clubs will use its reasonable endeavours to deliver the Products You have ordered, within 7-14 days of You placing the order, but We cannot accept any liability for late deliveries which are due to circumstances outside of our reasonable control. We will deliver the Products direct to the address You specify when You submit your order.
Deliveries are made Monday to Saturday (excluding bank and public holidays), normally between the hours of 8am and 5pm. The precise timing of a delivery cannot be specified.
If your order consists of more than one item, those items may be delivered separately, but We cannot deliver items within the same order to multiple addresses.
Deliveries will be made by Royal Mail. Once delivered, the Products will become your responsibility. The Products will only become your property when they have been paid for in full, including Shipping Charges. BA Clubs will not accept any liability for the loss, damage or destruction of Products after they have been delivered. Certain deliveries must be signed for.
If the Products You order are not available for whatever reason, BA Clubs will inform You of the position by email (at the address provided with your order details), or by telephone. If the Products are temporarily out of stock, We will ask if You wish to wait for the Products to become available. Unless You advise Us of your wish to do so, BA Clubs will refund any money debited from your payment card. The refund will be made as soon as possible and in any case within 28 days of notifying You of the non-availability of the Products.
6. Your right to cancel a BA Clubs order
You may cancel your order (or any part of it) at any stage before the Products are delivered to You, and up to 7 days afterwards, by notifying Us in writing at the following address:
Crane Lodge Road
or emailing Us at email@example.com
or by telephoning Us on: +44 (0)20 8513 2000 between the hours of 9am and 4pm, Monday to Friday
If You choose to cancel your order, You must return any Products to the address above) at your own risk and cost and, unless You are returning faulty or defective Products (see Section 6, below), in as good condition as when they were delivered to You.
Ba Clubs will refund your payment card account with any monies debited from it as soon as possible after receiving notice of cancellation from You, and in any case within 30 days of receipt of that notice, subject to your returning the Products as set out above.
7. Faulty Products purchased direct from BA Clubss
BA Clubs will repair, replace or offer a full refund for faulty or defective Products returned to Us for which We are responsible in accordance with your legal rights. In the event that You wish to return Products to Us because they are faulty or defective, You should notify Us using the details set out in Section 5, above and return the Products to the address set out there.
If You claim that a Product is defective, We will examine the returned Product and will notify You of your refund via email within a reasonable period of time.
Products returned by You because of a defect will be refunded in full (including the delivery charges for sending the item to You and the cost incurred by You in returning the item to Us). BA Clubs will refund your payment card account with any monies debited from it as soon as possible and in any case within 30 days of the day We confirmed to You via email that You were entitled to a refund
BA Clubs understands that You may have concerns about security on the internet. Our Site uses a secure server that implements secure sockets layer (SSL) technology in our online ordering process to protect your payment card information. In the unlikely event of fraudulent or unauthorised use of your payment card by someone else to purchase Products from Us on our server We will refund to You any money received by Us as a result but only if You have notified your payment card issuer and Us by telephoning Us on +44 (0)20 8513 2000 as soon as You became aware of the unauthorised use of your card.
Once You have completed the selection of products You wish to purchase You may proceed to place an order.
As soon as You click "continue with order" your browser will go into secure mode. Data relating to your order and your personal and payment card details will all pass to our server in an encrypted format. As soon as You have finished ordering You will exit secure mode.
As an additional protection for You, our system is designed so that You cannot place an order until You are safely within secure mode.
We recommend that You do not communicate your payment card details to anyone, including Us, by email. We cannot be responsible for any losses You may incur in transmitting information to Us by internet link or by email. Any such loss shall not be borne either wholly or partly by Us, and shall be entirely your responsibility.
If You have any additional queries about security, please email: firstname.lastname@example.org
9. Age requirements for certain Products
If You wish to order a product where a minimum age requirement is indicated (You must confirm that You are of the required age before You will be able to proceed with the order. We reserve the right not to supply any age-restricted product where We reasonably believe that You are below the relevant minimum age.
10. Orders for delivery outside the United Kingdom
If You choose to access this website from outside the United Kingdom, You are responsible for complying with local laws, if and to the extent that they are applicable. We do not represent or warrant that any product on our Site is appropriate for use or available in locations outside of the United Kingdom, or that it complies with any legal or regulatory requirements of such other locations.
If You order products for delivery outside the United Kingdom, they may be subject to import duties and taxes. You will be responsible for these. We have no control over such charges and cannot advise You as to what they may be, although Your local customs office may be able to assist. For deliveries outside the United Kingdom, You will be regarded as the importer and it is your responsibility to comply with all laws and regulations of the country in which the products are to be delivered. Cross-border deliveries may be subject to opening and inspection by customs authorities.
11. Warranties & Liability
Whilst We warrant to You that any Product purchased from Us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied, You are responsible for the use You make of the Products.
To the extent not prohibited by law, BA Clubs accepts no liability for any indirect loss or loss which is not reasonably foreseeable, including loss of business, income or profits, contracts, goodwill, opportunity and other similar losses. BA Clubs does not limit its liability for death or personal injury caused by our negligence, but We do limit our liability for losses You suffer as a result of BA Clubs breaking any contract for the purchase of Products to the purchase price of the Products which You purchased.
12. Other Matters
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
We are required by law to inform You that sales can be concluded in English only and that no public filing requirements apply.
BA Clubs may change these Terms at any time, provided that any such change will not affect any purchases You have made before the change is implemented. The Terms currently in effect are those published on our site. You will be subject to the policies and terms in force at the time You order Products from BA Clubs, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by You), or if We notify You of the change before We send You our acceptance email (in which case We have the right to assume that You have accepted the change to the Terms, unless You notify Us to the contrary within 7 working days of receipt by You of the Product).
Please note that this Section 13 applies both to use of our Site and purchases made from our Site.
These Terms and any document expressly referred to in them represent the entire agreement between You and Us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between You and Us, whether oral or in writing.
We each acknowledge that, in entering into a contract, neither You nor We have relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between Us both prior to such contract, except as expressly stated in these Terms.
Neither of us shall have any remedy against the other in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms.
BA Clubs will not be liable to You where performance of any of our obligations to You is prevented or restricted by any circumstance or cause beyond our reasonable control. Our performance is deemed to be suspended for the period that such circumstance or cause continues and We will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the circumstances or cause to a close or to find a solution by which our obligations may be performed despite these.
Applicable laws require that some of the information or communications We send to You should be in writing. When using our site, You accept that communication with Us will be mainly electronic. We will contact You by email or provide You with information by posting notices on our site. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by You to Us must be given to BA Clubs at the postal or email addresses given in Section 5 and at the end of these Terms (under Contact Details). We may give notice to You at either the email or postal address You provide to Us when placing an order, or in any of the ways specified in the paragraph above. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
If any part of these Terms is found to be unenforceable as a matter of law, all other parts of these Terms shall be unaffected and shall remain in force.
BA Clubs may be contacted in the following ways:
BA Clubs. VAT No. 224423006
Crane Lodge Road
By emailing us at: email@example.com
By telephoning Us on: +44 (0)20 8513 2000 between the hours of 9am and 4pm, Monday to Friday