Terms and Conditions
Our success is based on strong traditions of quality, value for money and a genuine care for our customers. Therefore we sincerely apologise in advance for how extremely boring our Terms and Conditions are; our legal team makes us do it!
Without further ado:
This website is operated by Old Hall Performance Ltd (referred to as Old Hall Performance/us/we/our). As a user of this website (referred to as you or your), you acknowledge that any use of this website including any transactions you make is subject to our terms and conditions, outlined below. Please read through these terms and conditions carefully before using this website, and print a copy for any future reference.
1. We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on this website, and it is your responsibility to read the terms and conditions on each occasion you use this website, and your continued use of the website shall signify your acceptance to be bound by the latest issued terms and conditions.
2. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.
2. Order process
1. The ‘confirmation’ page sets out the final details of your order. After this, you may receive an email acknowledging your order, detailing the products ordered. Please note that this is not an email from Old Hall Performance accepting your order.
2. Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered, unless we have notified you that we do no accept your order, or you have cancelled it.
3. We do not file details of your order on the website for you to access. For this reason, we ask that you print out the order acknowledgement along with these terms and conditions, for your records. If you require specific details of your previous orders, you will need to contact us.
1. The website’s listed carriage charges are for mainland UK and are approximate only. A surcharge may be applicable dependant on packaging materials required. A surcharge will be added for European customers, or those living in Northern Ireland, Channel Islands, Scottish Isles, Isle of Man and Isle of Wight due to additional courier costs. For an individual quote on carriage, please contact us. All goods must be signed for by an adult aged 18 years or over on delivery.
2. Approximate delivery charges and estimated timescales are specified in the confirmation page and also when you place the order. We make every effort to deliver the goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen circumstances. Old Hall Performance shall be under no liability for any delay or failure to deliver the products within the estimated timescales.
3. Risk of loss or damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by our couriers.
1. We take payment from your card at the time we receive your order, once we have checked your card details and stock availability. Goods are subject to availability. In the unlikely event that we are unable to supply the goods, we will inform you as soon as possible. A full refund would be given where you have already paid for the goods.
2. The price you pay is the price displayed on this website at the time we receive your order apart from the following two exceptions:
(a) While we try and ensure that all prices on our website are correct and accurate, errors may occur. If we discover an error in the price of goods you have ordered, we will inform you before we process, giving you the option of cancelling or confirming the order. If we are unable to contact you, we will treat the order as cancelled. If you have already paid, and cancel the order, you will receive a full refund.
(b) Approximate carriage charges are listed for UK customers (see 3.1) and additional charges will be made for the applicable customers. We will contact you to confirm this additional cost, and you will have the option of cancelling or confirming your order. If we are unable to contact you, we will treat the order as cancelled. If you have already paid, and cancel the order, you will receive a full refund.
3. Title to any products you order on this website shall pass to you upon delivery of the ordered goods, provided that we have received full payment for the products.
4. All prices are shown in GBP (£) sterling and the VAT is added when the product is added to the ‘basket’ and shown in the confirmation page. Delivery charges are added when the product is ordered.
5. WHAT PAYMENT METHODS DO YOU ACCEPT?
We are happy to accept the below methods of payment:
Visa Master Maestro Visa Debit Sage Pay Paypal
All payments made to Old Hall Performance Ltd, including PayPal, will be subject to security checks from the card provider, PayPal and Old Hall Performance Ltd. This is done through a validation process with the issuing card company using comparative information supplied from the customer and the issuing card company or PayPal depending on your method of payment. We may also contact you by email or phone to confirm some order information with you. This will be done prior to your order processing and may cause a delay is dispatch.
6.MY PAYMENT HAS BEEN DECLINED
We’re sorry to hear this. The decline of payment from your card will be a direct instruction from the card provider. As this is the case we are unable to provide further information on why this decision has been made. We would suggest contacting your card provider regarding this. You are more than welcome to use an alternative method of payment should you wish.
7.WHEN WILL I BE CHARGED FOR MY ONLINE ORDER?
We will send you a dispatch email confirming your shoes have been shipped. Your card will then be debited for these items. Debits make take up to 10 working days to show on your account after receiving this email. If paying by Credit or Debit card, your bank may place a pending hold on these funds.
Should you have paid by PayPal, the funds will be debited from your PayPal account instantly.
8.ARE MY CARD DETAILS SAFE?
Absolutely, we use the latest online security software to ensure your details are safe. We also use Verify by Visa, Mastercard SecureCode and American Express SafeKey to make the shopping experience as safe as it possibly can be.
5. Intellectual Property
1. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by our licensors or us.
2. You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate and third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
6. Liability and Indemnity
1. Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability, which may not otherwise be limited or excluded under applicable law.
2. Subject to Section 6.1 above, Old Hall Performance will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website, Old Hall Performance Ltd will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and Old Hall Performance Ltd accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
3. Subject to Section 6.1 above, Old Hall Performance will not be liable, in contract, pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
- Economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
- Loss of goodwill or reputation; or
- Special or indirect losses
Suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
4. Notwithstanding the above, subject to Section 6.1 Old Hall Performance’s aggregate liability for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
5. This clause 6 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
6. We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held responsible for any losses caused as a result of unauthorised access to information provided by you.
7. Miscellaneous Provisions
1. The laws of England shall govern the contract between us and any dispute between us will be resolved exclusively in the courts of England. English in the only language offered for the conclusion of the contract.
2. The products available through our website are sold to you on the basis they are used for personal use only. If you are planning to use them for business purposes, please make sure that you are covered by the appropriate insurance. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury causes by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the loss over and above the cost of the item in the event of a claim for breach of condition.
3. Old Hall Performance Ltd shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
4. To provide increased value to our customers, we may provide links to other websites for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked site, we are not responsible for the availability of such external sites, and do not review nor endorse and are not responsible or liable, directly, or indirectly for (i) the privacy practises of such websites, (ii) the content of such websites, including (without limitation) and advertising, content, products, goods or other materials or services on or available from such websites or (iii) the use to which others make of these websites, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites.
5. You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing from Old Hall Performance.
6. Old Hall Performance Ltd reserves the right to transfer, assign, notate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
7. If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
8. These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except:
- Old Hall Performance Limited shall have the right to enforce any rights or benefits under these terms and conditions;
- Old Hall Performance Limited shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these terms and conditions;
- A person who is a permitted successor or assignee under Section 7.8 above the rights or benefits of these terms and conditions may enforce such rights or benefits.
- No consent from the persons referred to in Section 7.9 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
9. No delay or failure by Old Hall Performance to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Old Hall Performance.
10. These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations, understandings and agreements between you and Old Hall Performance relating to the use of this website (including the ordering of products) and sets forth the entire agreement and understanding between you and Old Hall Performance for your use of this website.
Old Hall Performance Limited website is operated by
Old Hall Performance Limited Falkland Close, Charter Avenue Industrial Estate, Coventry, West Midlands, CV4 8AU Registered Company Number 5502304 VAT Registration Number 864 5052 20
We recommend you print out a copy of these terms and conditions