Terms & Conditions and Returns Policy

Welcome to Our Website conditions of sale and Use. These conditions apply to the Use of this Website and by accessing this Website and/or placing an order you agree to be bound by these Terms of Use and sale as set out below. If you do not agree to be bound by these conditions you may not use or access this Website.

Definitions and Interpretation

In these Terms of Conditions unless the context otherwise requires, the following expressions have the following meanings:

“Content”                           means any and all text, images, logos, trademarks, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

“User”                                    means a User of Our Site;

“Contract”                           means a contract for the purchase and sale of Goods.

“Contact Tools”                 means any online communications facility that We make available on Our Site enables you to contact Us including, but not limited to contact forms;

“Goods”                                 means the goods sold by Us through Our Site;

“Order”                                  means Your order for Goods;

“Order Confirmation”    means Our acceptance and confirmation of your Order;

“Order Number”                means the reference number for Your Order; and

“We/Us/Our/Ourselves” means C2A Sales and Supplies Barbados Ltd

“You/Your”                            means the customer/buyer

Returns

You have 5 days from the date of purchase to return an item which is in saleable condition (excludes special and customized orders).  After this any returns are at the discretion of management and will incur a re-stocking fee of 15% or $50,  whichever is greater up to the value of the original purchase.  If the item(s) were special ordered or customized the re-stocking fee applies immediately and is 90% or $200 whichever is greater up to the  value of the original purchase.

Conditions to be eligible for a return

·         Your item must be unused and in the same condition that you received it

·         Your item must be in the original packaging

·         You will need to provide the receipt or proof of purchase

·         Please note that first aid, medical supplies & personal items (jock straps, bras, tights, mouthpieces etc are not eligible to be returned).

·         Delivery fees are non-refundable

·         No returns will be accepted on items settled by gift cards, gift certificates or gift vouchers

·         No returns will be accepted on clearance items or Final Sale items.

·         Goods damaged through excessive wear and tear,  incorrect usage or maintenance, voltage or electrical fluctuations or other defects not covered by any warranty (expressed or implied) and are ineligible for return.

All returns require management inspection of the item(s) returned prior to approval for refund or exchange.

Exchange

The item is returned as incorrect because of one of the reasons below

·         wrong size

·         wrong colour

·         not working as per manufacturers’ instructions.

We  will replace the original item with the right size, colour or in working order.  Only in the event of the replacement item not being in stock will this trigger a refund.

Refund

If all the criteria above are met and your item is approved, we will initiate a refund.  The refund will be actioned via the same payment method as the original purchase.  Card and cheque purchases will NOT be refunded in  cash.

You will receive the credit within 3 days of the return approval although your card issuer’s policy may affect this.

a) Registration

You warrant that:

The personal information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and you will notify Us immediately of any changes to the personal information by contacting Us by e-mail, or telephone. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.

b) Privacy Policy

We will treat all your personal information as confidential although We reserve the right to disclose this information in certain circumstances. We will keep it on a secure server and We will fully comply with all applicable Barbados Data Protection and consumer legislation from time to time in place. For more information, please read Our Privacy Policy located on the home page.

c) Orders

To be eligible to purchase products on this Website and lawfully enter into and form contracts on this Website under Barbados law you must:

• Register by providing your real name, phone number, postal/delivery address, e-mail address, payment details and other requested information
• Possess a valid credit or debit card issued by a bank acceptable to Us.

By making an offer to buy a product, you specifically authorize Us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.

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 unauthorized access to any data you provide when accessing or ordering from the Website.

The technical steps required to create the contract between you and Us are as follows:

You place the order for your products on the Website by pressing the confirm order button at the end of the check-out process. You will be guided through the process of placing an order by a series of simple instructions on the Website. Before submitting your Order, you will be given the opportunity to review and amend it. Please ensure that you check your Order carefully before submitting it. Your Order constitutes a contractual offer. Our acceptance of that offer is indicated by Us sending you an Order Confirmation by email. Once we have sent you an Order Confirmation will there be a legally binding Contract between Us and you for the sale of the Goods. Payment for Goods and related delivery charges must always be made in advance. You will be prompted to provide payment details during the ordering process.

Completion of the contract between you and Us will take place on the date of dispatch to you of the products ordered unless We have notified you that We do not accept your order. We may not accept your Order because, but not limited to, the Goods are out of stock, because of unexpected limits on Our resources that We could not have reasonably planned for, because We have identified a mistake in the description or price of the Goods, or because We are not able to meet a delivery deadline that you have set.

d) Description of products

Each product purchased is sold subject to its product description.

We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Website are correct at the time of publishing. Although We aim to keep the Website as up to date as possible, the information including product descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order.

Images of Goods are for illustrative purposes only. There may be slight variations in color between the image of a product and the actual product due to differences in computer or device displays and lighting conditions. All descriptive and forwarding specifications, drawings and particulars of weights and dimensions issued by the Company are approximate only, and are intended only to present a general idea of the goods to which they refer and shall not form any part of any contract.

The right is reserved to change specifications without prior notification or public announcement.

e) Pricing

We make all reasonable efforts to ensure that prices shown on Our Site are correct. We may change prices from time to time. Changes in price will not affect any Order that you have already placed.

All prices are checked before We accept your Order. If We have shown incorrect pricing information, we will inform you of the mistake in writing. If the correct price is lower than that shown when you make your Order, we will simply charge you the lower price. If the correct price is higher than that shown when you make your order, we will give you the option to purchase the Goods at the correct price or to cancel your Order. In this case, We will not proceed with processing your Order until you respond. If you do not respond within 5 working days, we will treat your Order as cancelled and inform you of the cancellation in writing. If We mistakenly accept and process an Order where an obvious and unmistakable pricing error has been made, which you could have reasonably recognized as a mispricing, we have the right to end the Contract, refund any sums paid, and require you to return the affected Goods to Us.

f) Refusal of transaction

We reserve the right to withdraw any products from this Website at any time and/or remove or edit any materials or content on this Website. We may refuse to process a transaction or order for any reason or refuse service to anyone at any time at Our sole discretion. We will not be liable to you or any third party by reason of Our withdrawing any product from this Website whether or not that product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or order or unwinding or suspending any transaction or order after processing has begun.

g) Delivery

Goods purchased through our website have varied delivery dates. For goods in stock, our general lead time for delivery is within 3 working days. For out of stock goods, our general lead time for delivery is 3-6 weeks. For goods made to specific order, delivery will take between 6 – 12 weeks from order confirmation. If You need confirmation of lead times and delivery dates You will need to contact us.

We will not be responsible for delays that are outside of our reasonable control. If delivery is delayed for such a reason, we will inform you as soon as possible and will take steps to minimize the impact of the delay. If there is a risk of a substantial delay to delivery, you may contact Us to request termination of the Contract (this option does not include goods made to specific order) . Subject to confirmation by Us we will be refunded any sums paid for Goods less any additional costs incurred by Us in processing the Goods. We will not accept any liability for consequential loss or damage whatsoever from failure to dispatch or dispatch to an agreed or advised date.

Any items not received must be advised within 10 days of the invoice date in order that this can be investigated. We will not be responsible for any non-delivered items after this time or failure to advise Us accordingly. Providing the above procedure has been carried out than any missing products will be replaced free of charge. This does not include any consequential costs which may arise out of a delivery problem.

Should the goods be returned to us due to failed delivery attempts, we reserve the right to charge the cost of another attempted delivery.

h) Receipt of Goods

All deliveries must be signed for. Someone must be available to sign for the goods normally between 09.00 am and 17.00 pm. Contact will be made to arrange the timing of delivery.

The goods when received should be checked carefully upon arrival for the correct number of parcels and correct content of parcels.

UNDER NO CIRCUMSTANCES SIGN FOR AND ACCEPT THE CONSIGNMENT IF YOU BELIEVE THE GOODS ARE DAMAGED.

If you do this, we will be unable to claim for damage caused by the carrier which may make your claim on Us void. The carrier will return the Goods to us.

Any discrepancy, incorrect goods or damage found after receipt should be notified to Us by email or call within 3 working days of receipt.

If delivery is not refused, and You fail to notify Us accordingly, You the Buyer will not be entitled to reject the Goods and We shall have no liability for such defect or failure, and You will be required to pay the price as if the Goods had been delivered in accordance with the Contract.

Providing the above procedure has been carried out than any damaged/missing products will be repaired or replaced free of charge. This does not include any consequential costs which may arise out of a delivery problem.

Any items not received must be advised within 10 days of the invoice date in order that this can be investigated. We will not be responsible for any non-delivered items after this time or failure to advise Us accordingly and You shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.

Before you place an order, if you have any questions relating to these conditions please contact using the contact details provided on the website.

When Using Our Contact Tools or contacting Us by any other means the following rules apply, and you must not communicate, submit, or otherwise do anything that:

• is obscene, deliberately offensive, hateful, or otherwise inflammatory;

• promotes violence;

• promotes, encourages, incites, or supports acts of terrorism;

• promotes or assists in any form of unlawful activity;

• is defamatory of another person;

• bullies, insults, intimidates, or humiliates another person;

• discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; nationality; gender; gender identity; sexual orientation; religious or philosophical beliefs; disability; or age;

• is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

• is calculated or otherwise likely to deceive;

• is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise Uses their personal information in a way that you do not have a right to;

• misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive.

• implies any form of affiliation with Us or any other party where there is none;

• infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, designs, patents, trademarks, and database rights) belonging to Us or any other party;

• is in breach of any legal duty owed to another party including, but not limited to, contractual duties and duties of confidence:

We may monitor any and all communications made Using Our Contact Tools. Any personal information sent to Us, whether via Our Contact Tools or otherwise (including, but not limited to, your name and contact details) will be collected, used, and held in accordance with your rights and Our obligations under data protection law, as set out in Our Privacy Policy.

You warrant that:
The personal information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and you will notify Us immediately of any changes to the personal information by contacting Us by e-mail, or telephone. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.

All Content included on Our Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Us. All Content is protected by applicable to the Barbados and international intellectual property laws and treaties.

You may access, view, and use Our Site in a web browser (including any web browsing capability built into other types of software or app) and you may download Our Site (or any part of it) for caching (this usually occurs automatically).

You may not use any Content (including User Content) from Our Site for commercial purposes without first obtaining a license from Us, Our licensors, or the relevant User, as applicable. Our status as the owner and author of the Content on Our Site (or that of identified licensors or Users, as applicable) must always be acknowledged. 

Nothing on Our Site constitutes professional advice on which you should rely. It is provided for general information purposes only.

We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up to date, but to the extent permitted by law, We make no warranties, representations, or guarantees (express or implied) that this will always be the case.

We exercise reasonable skill and care to ensure that Our Site is secure and free from viruses and malware; however, We do not guarantee that this is the case. You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks when accessing our website.

If you are a business user, We exclude all implied representations, warranties, conditions, and other terms that may apply to Our Site and Content.

You agree fully to indemnify, defend and hold Us and Our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the conditions by you or any other liabilities arising out of your use of this Website, or the Use by any other person accessing the Website using your shopping account and/or your personal information.

All Goods from C2A Sales and Supplies Barbados Ltd are guaranteed against material defects for 12 months from date of invoice. If a problem occurs, you need to first make a claim by e-mail. After discussion, we will either arrange to collect or ask for images or view the product on-site at the customer’s premises. Following the inspection, we will make You aware of our findings and if the products prove to have a material defect, we will either repair or replace free of charge.

We shall be under no liability in respect of any defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow Our instructions (whether oral or in writing), misuse or alteration or repair of the Goods without Our written approval; We shall be under no liability under the above warranty (or any other warranty, condition, or guarantee) if the total price for the Goods has not been paid by the due date for payment.

We shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or another term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of C2A Sales and Supplies Barbados Ltd , its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, and the entire liability of C2A Sales and Supplies Barbados Ltd under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.

All goods supplied by Us the Seller to You the Buyer under the terms of this Agreement shall remain the sole and absolute property of Us in both in law and in equity until the Buyer shall have paid the Seller the agreed price together with the full price of any other goods supplied by the Seller to the Buyer pursuant to any other contract between them.

The Buyer acknowledges that it is in possession of all goods supplied under the terms of this Agreement solely as bailee for the Seller until the Buyer shall have paid the Seller the agreed price together with the full price of any other goods supplied by the Seller to the Buyer pursuant to any other contract between the Seller and the Buyer.

Until such time as in accordance with the above provisions, the Buyer becomes the owner of the goods it will store them on its premises separately from its own goods or those of any other person and in a manner, which makes them readily identifiable as the goods of the Seller.

The Buyer’s right to possession of the goods shall cease if it does anything or fails to do anything which would entitle a receiver to take possession of any assets, or which would entitle any person to present a petition for winding-up or commits an available act of bankruptcy and the Seller may thereupon enter upon any premises where the goods are stored or where they are reasonably thought to be stored for the purpose of repossessing them.

Notwithstanding the retention of property in the goods by the Seller in accordance with the above provisions, all goods supplied by the Seller to the Buyer under the terms of this Agreement shall be at the risk of the Buyer as soon as they are delivered by the Seller to the Buyer.

Until such time as in accordance with the above provisions either the Buyer shall have ceased to have the right to retain possession of the goods or shall have acquired the property in them the Buyer is licensed by the Seller to agree to sell the goods on the Seller’s behalf as agent save that the Buyer shall not hold itself out as such but shall sell on its own account and shall hold the entire proceeds of sale as trustee for the Seller and shall pay them into a separate bank account opened for the purpose and approved by the Seller and shall ensure that in no circumstances are the proceeds mingled with other money or paid into any overdrawn bank account but are at all times identifiable as the Seller’s money.

If the Buyer has not received the proceeds of any such sale it will if called upon to do so by the Seller assign to the Seller within seven days all rights against the person or persons by whom the proceeds are owed.

These general conditions of Sale and Use shall be constructed in accordance with the Laws of Barbados and if any questions, dispute or difference shall arise between the parties in respect of; the interpretation of their rights or duties heretofore the same shall be referred to a single arbitrator in Barbados.

If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of Barbados.

If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Barbados.

This contract is concluded in English.