Terms of Service

1. Introduction

1.1 These terms and conditions relate to goods which you offer to purchase from The Racket Factory online store (“our/this website”). Please read these terms and conditions, which govern your use of this website and our supply to you of any goods which you offer to purchase through our on-line facilities. We will be unable to process any offer to purchase goods until you have done so. If there is anything you do not understand, please feel free to e-mail us at hello@theracketfactory.com, or phone us on 01793 236560.

1.2 By making an offer to purchase, you agree to be bound by the whole provisions of the Agreement (as defined in clause 3.1 below) between you and us. If you do not accept these provisions you should not place an order. Your attention is drawn in particular to clauses 11 (limitation of liability) and 12 (indemnity).

1.3 You must be 16 years or older to register for the Service. By submitting an order, you confirm to us that you are at least 16 years of age.

1.4 These terms and conditions may be changed at any time by us and we are not under any obligation to notify you of such changes.

2. Definitions

In these terms and conditions:-

“Commencement Date” means the date when our agreement with you is concluded (see clause 3.3);

“Confirmation Form” means the form that is shown on screen after you have placed an order, confirming details of the Goods which you have offered to purchase and which we have agreed to supply to you;

“Consumer” means an individual whose use of the Service is for personal purposes only, and not for use in connection with any trade, business or profession;

“Order Form” means the form completed by you online and showing details of the goods which you have offered to purchase from us;

“Goods” means the goods to be provided by us to you, as described in the Order Form and Confirmation Form and on the pages of our website relevant to those goods. (In the event of a discrepancy between the description of the Goods on the website and that on the Order Form Confirmation Form, the description on the Order Form or Confirmation Form shall be conclusive);

“we/us/our” refers to Community Sports Group, trading as The Racket Factory; and

“you/yours” refers to you, the person offering to purchase goods from us.

3. Your Agreement With Us

3.1 These terms and conditions, together with the Order Form, Confirmation Form, Privacy Policy, constitute the entire agreement between you and us relating to the provision of the Goods (“the Agreement”), and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to this, and all past courses of dealing or industry custom. No oral explanation or oral information given by any party (including any information given via our customer service departments) shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions, and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in these terms and conditions.

3.2 Nothing on our website is intended or shall be interpreted to mean that we are making a legal offer to you to provide the Goods; we are inviting you to make a legal offer to us to purchase the Goods. It is entirely at our discretion to accept or reject the offer to purchase.

3.3 The Agreement is concluded only when we have accepted your order by sending you a Confirmation Form (with the date of conclusion of the Agreement being the date shown on that Confirmation Form). We store the contract’s content and will send you the details of your order as well as our general terms via e-mail. You can view information on your order details by logging into your account or by contacting our Customer Experience Team via email at hello@theracketfactory.com or on 01793 236560.

4. General

4.1 Payment can be made using any of the methods listed on this web site and will be debited when we have accepted your offer to purchase.

4.2 All prices are quoted in UK pounds Sterling and include VAT where applicable.

4.3 Our acceptance of your offer to purchase Goods is subject to their availability. Our acknowledgement of order acceptance via web or e-mail is not a guarantee of delivery. We will inform you if we are unable to deliver the Goods which you have offered to purchase and a full refund will be given.

4.4 Every effort has been made to ensure the descriptions and price of goods are correct. We will inform you as soon as possible in the event of an error in pricing or description coming to our attention. Where we notify you of such an error, you will have the option of either (i) confirming your offer to purchase subject to the corrected description or price, or (ii) retracting your offer to purchase and receiving a full refund if the Goods have been paid for.

5. Delivery Details and Returns Policy

5.1 Delivery - UK
5.1.1 All deliveries are subject to stock availability and authorisation of your payment.

5.1.2 We shall endeavour to deliver the Goods you have offered to purchase within 5 working days after we receive your offer. If there are any delays we will notify you of such delay as soon as possible.

5.1.3 We can either deliver your order to the billing address for the card you use to pay for your order, or you can specify an alternative address such as a workplace, university or friend/family address at the checkout. The alternative delivery address must be in the UK (i.e. has a Royal Mail postcode). 

5.1.4 Your order will be delivered between the hours of 7am and 6pm, Monday to Sunday. This will depend on the delivery option chosen.

5.1.5 A signature will be required on delivery of the goods to you. Receipt of a signature at the delivery address will be proof that the order has been delivered to you. A signature may be obtained from any person at the given delivery address. If no person is present at the delivery address you have provided, the courier may attempt delivery with a neighbour who will be asked to sign on your behalf. Alternatively, the courier may deliver your parcel to a local Post Office, a local UPS Access Point (if delivery is made by UPS), or may return your parcel to the couriers depot and delivery will be attempted at a later date. Please note if your parcel is undelivered and is returned back to us a refund will automatically be processed back to the original payment method.

5.2 Returns Policy

5.2.1 We hope you’re happy with your new purchase! However, if you’re unhappy for any reason, here’s what to do.


5.2.2 If the product is not suitable or if you simply do not like them, you have up to 28 days to return them to us. All we ask is that you send them back in the unused condition that you received them and in their original box where possible.

5.2.3 There are ways for you to return shoes to us:

At a store

In store with your product and some form of proof of purchase. Proof of purchase can be either the printout of your order confirmation or you e-mail confirmation which was sent to you after you placed your order. 

By post

You can return your item to us at Head Office. For further details and information on how to return using these services, please see our returns info page.

5.2.4 Please use the Returns Form which will have been enclosed when you received your order, or enclose a note detailing your name, address, contact number and reason for return.

5.2.5 We recommend you use some form of registered post in case you need to track your parcel.

5.2.6 If the item is faulty, or if we’ve made a mistake with your order, we will be able to offer a refund or an exchange and reimburse your postage costs if applicable. We’re really sorry, but we’re unable to take back used goods which are unsuitable or don’t fit, or reimburse the postage costs incurred returning unused/unsuitable items to us. This is in addition to, and does not affect, your consumer rights.

6. Payment Options

6.1 We accept the following methods of payment.

Credit cards:-

  • Mastercard
  • VISA
  • American Express

Debit cards:-

  • VISA Delta
  • VISA Debit
  • VISA Electron
  • Switch/Maestro
  • Solo

 

6.2 Payment may be made by any of the methods above and will be pre auth'd when we receive your order. The total amount you pay is the same, regardless of the payment method you use.

6.3 Payment will be processed using the services of Shopify Payments and Klarna (see point 18). For Debit, Credit and Gift Card payments, we may use a payment on despatch system. This means that your bank will ringfence a pre authorisation amount when the order is placed, and the full payment for each item will be debited as we despatch your order. As we may ship items from separate locations, this may mean that you see multiple debits for one order. Any pre authorisation amounts should be returned to your account within 5 working days.

6.4 We are enrolled in the Mastercard Securecode and Verified by Visa card payment protection schemes. You may be required to use these services if your card issuer is part of the scheme in order to purchase from us.

7. VAT

7.1 Our prices in the European Union include VAT where applicable. Orders shipped to countries outside the EU may be subject to additional Sales Taxes and Import Duties. 

8. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

8.1 We are obliged by law to provide you, prior to the delivery to you of the goods which you have purchased, with certain information in relation to those goods and your rights in relation to the agreement with us. This information appears throughout these Terms and Conditions, and is also summarised in the Confirmation Form.

9. Right to Cancel this Agreement

9.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which replaced the Distance Selling Regulations on Friday 13 June 2014, you have fourteen calendar days from the Commencement Date (“the cooling-off period”) in which to cancel this Agreement if for any reason you are not happy with the Goods which have been delivered to you. This cooling off period begins on the day after the day you receive the Goods from us. If your order contains several items which are to be delivered separately, your cooling off period begins the day after the day on which you receive the final part of your order.

9.2 If you wish to cancel the Agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you must notify us of this fact within the cooling-off period. You can do so by:

  • completing the Cancellation Form sent to you with your Confirmation email and returning via email to hello@theracketfactory.com, or by post to The Racket Factory, St Marks Recreation Ground, Whitehouse Road, Swindon, Wiltshire, SN2 1DB
  • calling us on 01793 236560, stating that you wish to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
  • emailing us at hello@theracketfactory.com, detailing your wish to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

9.3 On cancellation, you must return the Goods that we have delivered to you at your own expense no later than 14 days after the day on which you inform us of your cancellation. We will exchange or refund the price paid for the Goods no later than 14 days after the day on which we receive the Goods back or 14 days after the day on which we receive evidence of the Goods being returned to us. Under section 34, we will also refund any charges for the initial delivery received unless you expressly chose a kind of delivery costing more than the least expensive common and generally acceptable kind of delivery offered by us. In that case, we will refund any payment for delivery received up to the amount you would have paid had you chosen the least expensive common and generally acceptable kind of delivery offered by us. Unless you originally received incorrect, damaged, faulty or substitute Goods, you will be liable for the costs of returning the Goods to us, and we will not reimburse you for this.

9.4 You should return such Goods either to one of our stores or post the Goods back to us as follows, no later than 14 days after the day on which you inform us of your cancellation:-

The Racket Factory, St Marks Recreation Ground, Whitehouse Road, Swindon, Wiltshire, SN2 1DB

  • Goods should be adequately sealed in the original packaging where possible. Please note that the Royal Mail may reject any package that is not adequately wrapped;
  • Please fully complete the returns form included with the delivery package, or enclose a note detailing your name, address, contact number and reason for return. This will ensure that you receive your refund or replacement goods promptly;
  • Please make sure that you have addressed the package clearly with the above address. We recommend that you request a certificate of posting from the Post Office as proof that you have sent the package (the Post Office do not charge for issuing these certificates).

10. Limitation of Liability

IMPORTANT: THIS CLAUSE 10 CONTAINS PROVISIONS WHICH RESTRICT THE EXTENT TO WHICH WE ARE LIABLE TO YOU FOR ANY LOSS YOU MAY SUFFER IN CONNECTION WITH THE GOODS. PLEASE READ IT CAREFULLY AND DO NOT MAKE AN OFFER TO PURCHASE THE GOODS UNLESS YOU AGREE TO THIS CLAUSE.

10.1 Nothing in these terms and conditions is intended to exclude any provision of the Unfair Contract Terms Act 1977, or of the Unfair Terms in Consumer Contracts Regulations 1999, or of any other legislation designed to ensure that the rights of parties to a contract of the type of this Agreement (i.e. standard terms and conditions which are not individually negotiated) are fairly balanced.

10.2 Subject to the aforesaid, we shall not be liable to you for any loss or damage unless such loss or damage arises as a direct result of our negligence, recklessness or wilful misconduct, or fraud or misrepresentation on our part.

10.3 To the fullest extent permitted by applicable law, we disclaim all liability for our employees’ or sub-contractors’ negligence.

10.4 We may include links from time to time from our website to other internet sites. We have no control over the content of such sites and disclaim any liability in respect of your use of such sites.

10.5 All conditions, terms, representations and warranties relating to the Goods which are not expressly stated in this Agreement are hereby excluded to the fullest extent permitted by law.

10.6 Our total liability to you in respect of any claim by you arising out of or in connection with the provision (or the failure to provide) the Goods shall be limited to the value of the goods supplied.

10.7 No claim by you against us shall be valid unless you have notified us of the details of the claim within one year of it arising.

10.8 Every provision of this clause 10 excluding or limiting liability shall be construed separately, applying and surviving even if for any reason any of these provisions is held inapplicable or unenforceable in any circumstances, and shall remain in force notwithstanding the expiry or termination of this Agreement.

11. Indemnity

IMPORTANT: IN THIS CLAUSE 11 YOU AGREE THAT YOU WILL BE LIABLE FOR ANY LOSS WE (OR CERTAIN PEOPLE CONNECTED WITH US) SUFFER AS A RESULT OF BREACH OF THE AGREEMENT BY YOU OR BY CERTAIN PEOPLE CONNECTED WITH YOU. PLEASE READ IT CAREFULLY AND DO NOT MAKE AN OFFER TO PURCHASE THE GOODS UNLESS YOU AGREE TO THIS CLAUSE.

11.1 You agree that you shall be liable for, and hereby agree to indemnify us on demand in respect of any and all demands, liabilities, losses, costs and claims (including reasonable legal fees) sustained or incurred by us, our agents, suppliers, resellers, our customers, officers or employees, and arising as a result of breach by you of this Agreement.

12. Website Content

12.1 We have used reasonable care and skill in compiling the content of our website but make no warranty, express or implied, as to the nature or accuracy of any material on the website and cannot accept liability for any particular material on the website or as a result of any use of or reliance placed upon information contained within the website. The Confirmation Form is conclusive as to the Charges and the description of the Service.

12.2 Although every effort is made to ensure complete accuracy, some prices or details shown on the website may change from time to time, and it is possible that errors will occur. We will use reasonable endeavours to rectify any errors as swiftly as possible.

13. Complaints

We aim to provide you with the best service possible at all times but sometimes things can go wrong along the way. If you are unhappy with the service you have received, please email us at hello@theracketfactory.com and a member of our complaints team will be in touch. 

In the unlikely event that our Complaints Team are unable to resolve your complaint through our complaints handling procedure, the EU commission provides an online dispute resolution platform ("ODR Platform") for disputes regarding items bought online. You can find the ODR platform at http://ec.europa.eu/consumers/odr/.

14. Contact Details

14.1 If you have any queries about these terms and conditions, or any other aspect of our website, or you have a complaint, you can phone us on 01793 236560, or e-mail us at hello@theracketfactory.com or write to us at: The Racket Factory, St Marks Recreation Ground, Whitehouse Road, Swindon, Wiltshire, SN2 1DB.

14.2 We shall respond to any communication received by us as quickly as we can. 

14.3 All of our incoming and outgoing calls are recorded for training and quality purposes. 

15. Law and Jurisdiction

15.1 The Agreement shall be governed by and construed in accordance with Scots law and you agree to submit to the non-exclusive jurisdiction of the Scottish courts. You are responsible for compliance with any applicable laws of the country from which you access our website.

16. Klarna

18.1 Klarna is a payment provider we use on our website to ensure an easy and secure payment process for our customers. Klarna may carry out limited credit searches to help them decide which payment options to offer you. These limited searches will be visible to you on your credit file and to the credit reference agency used by them. They will not affect your credit score and will not impact your chances of obtaining credit in the future.

You may be offered the payment options of Pay Later and Slice it in 3.  If you choose to Pay Later, you will be contacted by Klarna regarding the payment to be made within 30 days. Additional charges may apply if you fail to pay Klarna by the specified due date.

If you choose to Slice it in 3, you will pay the first instalment at the time of placing your order. Further instalments will subsequently be paid 30 days and 60 days later. Additional charges may apply if you fail to pay Klarna by the specified due date(s).

To view the full Klarna Terms and Conditions please click here.