Terms & conditions

The following represent our Terms and Conditions for using this website and by accessing the website and/or placing an order with us you agree to be bound by them. These Terms and Conditions apply every time you access the website or place an order with us and if, for some reason, you do not agree with these Terms and Conditions, then you may not use or access this website.

Some definitions
Ownership of the site
Ordering goods through our website
Order processing and payment
Delivery
Demonstration Products
Privacy policy
User generated material
WEEE compliance
General information
Copyright

 

Some definitions

In reading these Terms and Conditions, “we”, “us” and “our(s)” means ActivInstinct, “user(s)” refers to users of the Website in general and collectively. The term “website” means the website of ActivInstinct at www.activinstinct.com or any subsequent URL or domain that replaces this. The word “product(s)” refers to a product or service that is displayed for sale on the website. The term “user generated material” means any material of any kind that you submit to us, including (but not limited to) text, files, images, videos or sounds (it does not include the personal information you provide when you place an order or register, or if you subsequently change that information).

 

Ownership of the site

This site is owned and operated by ActivInstinct Ltd, registered office – Hollinsbrook Way, Pilsworth, Bury, Lancashire BL9 8RR. All rights in this website are owned by us and any unauthorised copying, use or modification is strictly prohibited. If you wish to use elements of our site for any means (such as for presentations or articles) then please contact us, we are always happy to discuss things.

 

Ordering goods through our website

All orders placed through our website are subject to us accepting the order. You will first receive an email confirming that we have received your order and then a second email confirming when we have dispatched your goods. Please note that the first email confirming receipt of your order does not constitute acceptance of the order by us. Your order will be accepted when we email you confirming dispatch of your goods and legal title will pass to you upon delivery of them. All products are subject to stock availability and if we cannot fulfil your order for any reason due to stock availability then we will contact you to offer a replacement at the same quality or above for the same price at our discretion. If subsequently you do not wish to take up the alternative then we can cancel your order and give you a full refund or ship any items that we can fulfil and refund the item(s) that cannot be supplied.

When you place an order with us, we store the contract's content and will send you the details of your order as well as our general terms with your dispatch note. You can find the terms on our website at all times. If you have registered with a password, you will be able to access your order history in your account section of the website.

We sometimes issue promotional codes to customers that give benefits such as discounts, free delivery and free gifts. These codes may only be used by the person to whom they are issued, are not transferable and must only be used in accordance with their Terms and Conditions. By using a promotional code to claim a benefit you will be confirming that you are entitled to use the code, you meet all the conditions that apply to its use and that you agree to the terms set out below:

  1. Before accepting your order, if we find that you are not entitled to use the code or do not meet all the Terms and Conditions of its use, we may reject your order or alternatively process it without the promotional benefit being applied.
  2. If we find that you were not entitled to use the code or did not meet all the Terms and Conditions of its use after accepting your order, we may reverse the benefit that you obtained. If you transacted on a cash basis e.g. by debit or credit card, we may take a further payment, equivalent to the value of the benefit obtained, from the card used.

Should you wish to cancel your order or return any goods, please go to the Returns section for further information.

 

Order processing and payment

We continuously monitor our website to ensure that it is, as far as possible, error free. However, there may be instances where product description, image or pricing errors may occur. If we find any errors such as these after you have submitted an order to us, we will contact you before accepting your order with the correct information on the item(s).

You are then at liberty to either cancel or re-confirm your order based on the correct information. We will try to contact you using any and all of the details you gave us when you placed the order and will leave a message for you to contact us where we can, but if we are unable to reach you, or we don’t hear back from you after leaving a message then we will treat your order as cancelled, refunding any costs to you where applicable. On submitting your order, we will charge your credit or debit card for the full amount, but if we are unable to process your order for any reason or you wish to cancel then we will refund the amount back onto the card that you used to place your order.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.

All prices shown on our website are inclusive VAT where applicable at UK standard rates. Delivery charges are calculated and displayed clearly on the checkout page. For further information on delivery charges see the Delivery section or for Terms and Conditions, please see the section below.

 

Delivery

Delivery charges are highlighted throughout the site and the final delivery charge for your order is calculated and displayed clearly on the checkout page. For further information on delivery charges see the Delivery section.

Some products on our site may incur extra costs or may be unavailable for delivery to postal addresses in Northern Ireland, some offshore islands and some remote areas of Great Britain and some international destinations. This information is generally available at product level and you will be notified of this when you place your order.

We will make every effort to have your goods delivered in the time we specify, but we cannot guarantee delivery in that timeframe or accept liability for deliveries made outside this timescale by any of the couriers we use, or those of our suppliers where they dispatch products directly to you. We cannot accept liability for out of pocket expenses or other costs incurred due to failed or delayed deliveries.

We use several couriers to deliver and you may be asked to sign for your goods to acknowledge that you have received them. Please note that if you have requested that we leave your goods in an unsecure location, we cannot accept any liability for any resulting loss.

If you wish to return goods, please see the Returns section for more information.

 

Demonstration Products

We may offer products on the site for people to try at home before making a purchase (for example tennis rackets). By requesting one of these products to be sent to you, you agree to us charging you up front for the value of the product and to send it back to us within 14 days of receiving it. We will refund the full amount to you when we receive the product back from you. If we do not receive the product back from you within 14 days of you receiving it then we will assume that you wish to keep the item and will not issue a refund. If you return the product back to us damaged or in a state worse than that which you took receipt of the product, then we reserve the right to charge you in full for the item and not issue a refund, in which case we will return the product to you and may charge you the cost of doing so. Please note that all demonstration products will incur the standard delivery charge (even if above the free delivery threshold).

 

Privacy policy

Our Privacy policy is here to ensure you understand how we safeguard any data that you provide us when you place an order or register with us. These Terms and Conditions are deemed to incorporate our Privacy policy, which you should read in conjunction with the Terms and Conditions

 

User generated material

We allow customers to submit material to us on this website in order to rate and review products. We define the term "user generated material" to mean any material of any kind that you submit to us, including (but not limited to) text, files, images, video or sounds. It does not include the personal information you provide when you place an order or register, or if you subsequently change that information.

If you review or submit user generated material you are agreeing to do so in accordance with these Terms and Conditions. If you do not want to review or submit user generated material in accordance with these Terms and Conditions, then you should not do so.

We do not systematically review user generated material submitted by users of this website. We are not responsible for the content of user generated material and we do not necessarily endorse any opinion contained in such material. We make no warranties or representations, either express or implied, about user generated material, including as to its legality or accuracy. We disclaim all liability in connection with user generated material to the extent permitted by law.

We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your user generated material, or to restrict, suspend, or terminate your access to all or any part of this website, particularly where user generated material breaches this clause of these Terms and Conditions and we may do this with or without giving you any prior notice.

We do not claim any ownership rights in user generated material. However, by submitting user generated material you hereby grant to us an irrevocable, perpetual, non-exclusive, royalty-free, transferable and worldwide license to use, reproduce, modify, prepare derivative works of, display and perform that user generated material in any media. The license you grant us will terminate when your user generated material is removed from our website.

We may link User generated material or parts of user generated material to other material, including material submitted by other users of this website or created by us and/or other third parties. We may use user generated material for our internal business purposes, for example, to examine trends and to use those on this website or to promote, market or advertise our interests. We will not sell your user generated material to third parties but you acknowledge that we may indirectly commercially benefit from it.

Each time you submit User generated material to us, you represent and warrant to us as follows:

  1. You own your user generated material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trade mark), privacy or publicity rights, rights of confidentiality or rights under contract
  2. Your user generated material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or otherwise inappropriate
  3. Your user generated material does not advertise any product or service or solicit any business
  4. Your user generated material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18, and if your user generated material identifies any individual over the age of 18, you have that person's consent to being identified in exactly that way in your user generated material
  5. In submitting your user generated material you are not impersonating any other person.

 

WEEE compliance

The Waste Electrical and Electronic Equipment (WEEE) Directive became UK law in July 2007. Under the legislation, ActivInstinct is pleased to offer its customers free take-back of their WEEE on a like-for-like basis when they buy a new Electrical or Electronic product from us. Customers must return their WEEE item to us within 28 days of purchasing their new item.

The amount of WEEE we throw away is increasing by around 5% each year, making it the fastest growing waste stream in the UK. Much of the UK’s WEEE ends up in landfill. This can have a harmful effect on natural habitat, wildlife and also human health. Many electrical items that we throw away can be repaired or recycled. Recycling items helps to save our natural finite resources and also reduces the environmental and health risks associated with sending electrical goods to landfill.

Under the WEEE Regulations, all new electrical goods produced after 13th August 2005 should be marked with the crossed-out wheeled bin symbol. Goods marked with this symbol should be disposed of separately from normal household waste so that they can be recycled.

 

General information

The use of our site and any contracts formed by us accepting an order, whether originating in the United Kingdom or elsewhere, or by any other means are governed by English law.

We shall not be responsible to you whether in contract, tort (including negligence) or otherwise for incidental, special, indirect or consequential loss or damage, any loss of profit (direct or indirect), loss of sales, loss of goodwill or reputation, loss of business, third party claims, pure economic loss arising out of or in connection of the performance or non performance of our obligations under these Terms and Conditions including such damage as may be reasonably foreseeable at the date you order the goods.

Nothing in these Terms and Conditions shall exclude or restrict our liability for death or personal injury caused by our negligence.

Our liability for any claim for loss or damage shall be limited to the sum paid by you for the goods that directly or indirectly gave rise to the claim.

A person who is not a party to these Terms and Conditions shall have no right to enforce any term under the Contracts (Rights of Third Parties) Act 1999.

If any provision of these Terms and Conditions is deemed to be unlawful, void or unenforceable by a court the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and Conditions.

We may assign or transfer any of our rights or sub contract any of our obligations under these Terms and Conditions to any third party.

You may not assign or transfer any of your rights or sub contract any of your obligations under these Terms and Conditions except with our specific permission in writing.

From time to time there may be links on our website to third party websites which we believe might be of interest to you. We do not have any control over the content of these websites and, as such, we cannot be liable in respect of for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (a) the privacy practices of such websites, (b) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (c) the use to which others make of these websites or resources, 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 or resources.

These Terms and Conditions govern the entire trading relationship between you and ourselves and will remain in force for the duration of our trading relationship. We reserve the right to change these Terms and Conditions from time to time and any such changes will be communicated on our website and these Terms and Conditions supersede all previous Terms and Conditions, representations, undertakings and agreements. Your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms and Conditions have been changed. If you do not agree to any change to the Terms and Conditions then you must immediately stop using the website.

All intellectual property rights (including use of trade marks) shall be solely owned by us. You are permitted only to use material on this website as expressly authorised by us or our licensors. Any unauthorised use of material on this site is strictly prohibited.

We will use reasonable endeavours to verify the accuracy of any product or pricing information which we place on the site but we make no warranties (whether express or implied) in relation to the accuracy of such information).

We may terminate our trading relationship or close your account (should you have one with us) by giving you notice of at least seven (7) days. This does not affect your obligation to repay any amounts you owe to us.

 

Copyright

We are the owners and operators of this website, and the contents of it are either our property (or that of our affiliated companies) or are used under licence from our suppliers. We are the owners of the compilation and/or design of the information in this website.

Our rights, and those of our affiliates and suppliers, are protected by UK, European, and International intellectual property laws, including those for the protection of copyrights, trademarks, and database rights. Misuse of this website may incur civil liability or attract criminal sanctions.

We grant you a limited, non-exclusive and revocable licence to access our website for the purposes of browsing our product offer(s) (or that of our affiliates), ordering goods or services from us (or our affiliates), submitting reviews, facilitating a return or obtaining contact information for us (or that of our affiliates).

Your licence to access our website does not extend to any commercial use of our website, or to any use of our website whatsoever which is for the benefit of any commercial entity other than us (or that of our affiliates).

We make no warranty that the website will meet your requirements, that access will be uninterrupted, 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. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.

You are expressly not permitted to download any part of our site (other than by normal action of your web browser or by reason of automatic page caching), to amend or modify it or any part of it, to reproduce or copy, sell (including any resale), or otherwise exploit our website (or any part of it) for any purpose other than as set out above, nor are you permitted to frame our website or to link to any element of it other than the homepage without our prior consent in writing.

You are permitted to link to our homepage, provided that the link is not misleading, false, derogatory, or otherwise prejudicial to our interests, or that of our affiliates or suppliers. You are expressly not permitted to use any of our logos or graphics either as or in connection with such a link.