Terms and Conditions

Welcome to Marqs Sportswear

Please read the following terms and conditions (the ”Terms and Conditions”) carefully before using this website. These Terms and Conditions explain how you may use this website or any sub-site. By using this website or any sub-site accessible on this website, the user (“user” or “you“) accepts, without limitation or qualification, the Terms and Conditions set out below and any additional Terms and Conditions set out in any sub-site. If you do not agree to these Terms and Conditions, you should exit the website.

We will notify users of any material changes to the Terms and Conditions by publishing a notice of such changes on the home page of this website. Your continued use of this site implies that you accept to be bound by any updated version of the Terms and Conditions.

You may wish to open these terms and conditions in another browser window so you can print them out.

Registration

In return for allowing you to use this website and benefiting from our services, you agree that any information you provide us about yourself at any time will be true, accurate, current and complete and that you will ensure that this information is kept accurate and up to date. If incorrect information is supplied, any contractual obligation we have is immediately null and void.

Conditions of Registration

If you are under 18, you must ask your parents or guardians before you.

E-mail the website, or ask us to e-mail anything to you;

1. Send in any information to us; and/or
2. Buy anything online;

By continuing to use this website and any of the services offered, you are confirming that you have received the consent of your parents or a guardian. PLEASE NOTE that all minors are recommended to discuss these terms and conditions with their parents before they complete the registration process.

Copyright

You acknowledge and agree that all content included on this website including but not limited to website design, text, graphics, audio clips, visual clips, logos, button icons and the selection and arrangement thereof shall remain at all times vested in us or our content suppliers and is protected by UK and international copyright laws. You are permitted to use this material only as expressly authorised by the applicable rights holder. Subject to the foregoing, the page headers, custom graphics and button icons are (unless indicated otherwise) service marks, trademarks, and/or trade dress of ours or its owner. Nothing in these Terms and Conditions grants you any legal rights in the website or sub-sites other than as necessary to access the site or sub-sites.

All software used on this website is the property of Marqs Sport, and we are protected by UK and international copyright laws. ALL RIGHTS ARE RESERVED. Permission is granted to electronically copy and to print in hard copy portions of this website for the purposes of placing an order with us and using this website as a shopping resource only. Any other use of materials on this website including but not limited to reproduction for purposes other than those noted above, modification, distribution, transmission, broadcasting, republication, downloading or uploading without our prior written permission is strictly prohibited.

Notification of Copyright Infringement

We will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement, please provide our Legal Department with a notice (“Notice”) containing the following elements.

1. 1. A physical or electronic signature of the person authorised to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
   2. A description of the copyrighted work or works that you claim have been infringed and which you request to be removed from the site;
   3. A description of the location of the material that you claim is being infringed;
   4. Information sufficient to permit us to contact you, such as your physical address, telephone number and e-mail address;

A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorised by the copyright owner, its agent, or the law;

A statement by you that the information in your Notice is accurate and that you are the copyright owner or are authorised to act on the copyright owner’s behalf.

Trademarks

You acknowledge and agree that trade marks included on this website shall remain at all times vested in, us or any third party licensing use thereof to us (as applicable). You further undertake to not use any such trade marks without our prior written consent, our Trademarks or Third Party Trademarks without the prior written consent of us or such third parties as own the applicable trade mark. The Fanatics logo is an official trade mark of ours and is the subject of extensive trade mark registration worldwide.

Content Supplied by Users

If you send communications or materials to this website by electronic mail or otherwise, concerning any comments, questions, suggestions or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material infringes any of your rights including without limitation moral rights, proprietary rights or any other right, including the right to approve the way in which we use such material.

Any material submitted to this website, may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used on a royalty free basis by us anywhere in the world, in any medium, in perpetuity.

Please note that this provision does not relate to any personal data that you submit which will be dealt with in accordance with the provisions of this website’s ‘Privacy Policy’ which is part of these Terms and Conditions.

Amending the Terms and Conditions of Use

We may add to, change or remove any part of these Terms and Conditions at any time. Our updated Terms and Conditions will be displayed on the website and by continuing to use and access the Website following any amendments, you agree to be bound by the variations made by us. It is your responsibility to check these Terms and Conditions from time to time to verify such amendments. We may add, change, discontinue, remove or suspend any other content displayed on this website, including features and specifications of products and services described or depicted on the website, temporarily or permanently, at any time, without notice and without liability.

Privacy

We treat your privacy very seriously. Our Privacy Policy provides details about the type of information we may collect from you and details of how we may use this information. You are asked to read our Privacy Policy, which forms a part of these Terms and Conditions and sets out the way in which your personal data is handled.

Use of the Site

You agree that you will only use our website in a way which is consistent with the Terms and Conditions and which complies with applicable laws and regulations. In particular you agree that you will not use this website to upload or send any material which contains software viruses or other codes, files or programmes designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or in any other manner which would interfere with or disrupt this website. You acknowledge that this website and any goods that you obtain from our website are provided for your personal use only and may not be used for any commercial purposes or distributed commercially without our permission. You agree that you are solely responsible for keeping your password and other account details confidential.

Purchasing Goods

The Help Section tells you how to order and pay for products. It also addresses any questions you might have about delivery of your products, your right to cancel orders or return faulty products to us and our quality assurance.

We reserve the right to decline orders for bulk or high value purchases and to change price and availability information without notice.

Title to the products transfers to you at the time of receipt of payment.

Multiple Promotions

Please note that any promotions/offers on the website cannot be used in conjunction with any other discounts.

Pre-Ordering Items from Us

We will pre-authorise and charge for all pre-ordered items at the time of order. This is to ensure that stock is allocated against your order. It is also sometimes necessary for the customer to confirm details contained within the order.

Links

We may provide links to websites owned by us and associated companies from time to time and/or websites that are owned by third parties that are not connected with us including other websites owned by us. All links are provided for your convenience only. Access to websites that are owned by third parties is at your own risk and we do not have any responsibility or liability for such third party websites. Your use of a third party site may be governed by the terms and conditions of that third party site.

Availability

We will endeavour to ensure that this website is fully operational at all times. However we cannot guarantee that the website will be fault free. In particular, access to this website may be interrupted or restricted to allow for emergency or routine repairs or maintenance to be carried out or the introduction of new facilities or services. We may suspend or terminate operation of the website and any sub-site as we see fit.

Further, by using this website and any sub-site, you acknowledge and agree that the Internet uses elements and relies upon services, input and facilities which are not within our control and if we are totally or partially prevented or delayed in the performance of any of its obligations in providing a particular service, such a situation will constitute a ‘force majeure’ and we shall be excused the performance for so long as such a situation endures.

For the purposes of these Terms and Conditions, the term ‘force majeure’ shall be deemed to include any cause affecting our performance of our obligations arising from or attributable to acts, events, omissions or accidents beyond our reasonable control and in particular, but not by way of limitation, shall include strikes, lock-outs, other industrial action, actual or threatened terrorist action, civil commotion, riot, crowd disorder, zombie attacks, invasion, war, threat or preparation for war, fire, technical or power failure, software, hardware or telecommunication or other network failures, interruptions, disruptions or malfunctions, explosions, storm, flood, earthquake, subsidence, structural damage, epidemic or other natural or physical disaster, any legislation, regulation, rule or ruling of government, court or any competent authority.

We reserve our right to restrict, suspend or terminate your use of this website or any of our services at any time if we believe, in our absolute discretion, that you have breached these Terms and Conditions.

You agree to indemnify, defend and hold us, all of our associate companies, their directors, employees, information providers, licensors and licensees, officers and partners, (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs (including, without limitation, legal fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions. You will co-operate as fully as we reasonably require as the case may be, in defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter and you shall not in any event settle any matter without our written consent.

Alterations

We may amend this website and our services in any way and at any time with or without notice to you.

Complaints and Comments

If you have any complaints or comments about our website or any of the products supplied to you, please contact us through the Contact Us section on the website. Alternatively, you can call us Monday-Friday between 8am and 8pm local UK time. UK customers should call 01163 195581 Customers from outside the UK should call +44 (0) 1163 195581.

Miscellaneous

The Terms and Conditions together with our Help Section and Privacy Policy contain the full and complete understanding between us and you. No advice or information, whether oral or written, obtained by you through or from the website or from any conversations with our staff will operate to vary these terms and conditions.

The Terms and Conditions together with our Help Section and Privacy Policy and all contracts made under them shall ensure for the benefit of any of our successors and assignees.

Email Service

In situations where we give you the option to subscribe to our email service which will update you with news or information which we consider to be of interest to you, your use of the content received through the email service will be subject to these Terms and Conditions.

Limitation of Liability

To the fullest extent permitted by applicable laws, neither we nor any of our respective directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with the use of, or inability to use, the materials in and/or facilities or services offered through this website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, even if we have been advised of the possibility of such loss or damages or such loss or damages were reasonably foreseeable. If this clause is unenforceable in whole or in part in any jurisdiction due to relevant laws, then in no event shall our total liability to you for all damages, losses, and claims (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this website.

Disclaimer

This website and its contents are provided without any representations or warranties of any kind, either express or implied. We disclaim all representations and warranties, including by way of example but not limitation, as to fitness for a particular purpose, to the fullest extent permitted by applicable laws. In addition, we do not represent or warrant that the information and/or facilities accessible via this website are accurate, complete or current, or that this website will be free of defects, including, but not limited to, viruses or other harmful elements. The user of this website assumes all costs arising as a result of the use of this website.

Governing Law

These Terms and Conditions and any contracts made under them are governed by and shall be governed and construed in accordance with the laws of England and Wales whose courts shall be courts of exclusive competent jurisdiction. We make no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Customers who access this website from locations outside the United Kingdom do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent that any local laws are applicable. Nothing in these Terms shall in any way be deemed to restrict or affect your statutory rights under English law.