Terms of Use

Terms of Use (Updated 13 March 2019)

BANDLAB AMERICAS, LLC ("we", "our" and "us") provide website features and other products and services to you when you visit or shop at https://wellplayedgear.com, ("Website"). Please read these following terms and conditions, which include our Privacy Policy and Cookies Policy (collectively, this "Terms of Use"), carefully before you use the Website because they affect your legal rights and obligations.

BY ACCESSING AND USING THE WEBSITE, YOU ("YOU" or "USER") ACKNOWLEDGE AND AGREE TO BE BOUND BY THIS TERMS OF USE REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER FOR AN ACCOUNT WITH US ("ACCOUNT") OR ORDER FROM US. IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.

1. INTRODUCTION

1.1 You must be 18 years or older, or over the applicable age of majority in your jurisdiction to use the Website. If you are below 18 years old or the applicable age of majority in your jurisdiction, you must obtain consent from your parent(s) or legal guardian(s), their acceptance of this Terms of Use and their agreement to take responsibility for: (a) your actions; (b) any charges associated with your use of the Website or purchase of products; and c) your acceptance and compliance with this Terms of Use. If you do not have consent from your parent(s) or legal guardian(s), you must stop using the Website.

1.2 You will be able to access most areas of the Website without registering for an Account with us. Certain areas of the Website are only open to you if you register for an Account.

1.3 We may revise this Terms of Use at any time by updating this posting (see date on top). It is your responsibility to check the Website from time to time to review the current terms and conditions as each use of the Website by you signifies your acceptance to be bound by the latest terms and conditions. Certain provisions of this Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of the Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use the Website.

2. ACCOUNT

2.1 Each Account registration is for a single user only. We do not permit you to share your Account username and/or password with any other person, nor with multiple users on a network.

2.2 You are responsible for all use of your Account, and all activity emanating from your Account, whether or not such activity was authorised by you. You are solely responsible for maintaining the confidentiality and security of your username and password. If you know or suspect that someone else knows your password or that your Account has been accessed by unauthorised persons, you should contact us immediately and change your password at the earliest possible opportunity.

2.3 We may suspend or cancel your registration, or terminate your Account immediately at our discretion where we reasonably believe that: (a) you are in breach any of your obligations under this Terms of Use; (b) there are transactions on your Account which might be fraudulent, illegal or criminal activity; or c) your use of the Website or your Account constitutes a violation of applicable laws or regulations.

2.4 You may terminate your Account at any time by sending us notice in writing to support@wellplayedgear.com. However, so long as you continue to use the Website, this Terms of Use will continue to apply to you notwithstanding that you no longer have an Account.

3. ORDERING

3.1 There are various methods and information on how to place an order with us throughout other areas of the Website. All orders placed by you via the Website are subject to the latest version of this Terms of Use.

3.2 The product images shown on the Website are for illustrative purposes and should be treated as general guidance only. Actual products and colours may vary. It is your responsibility prior to ordering to clarify with us exactly what products are being provided for you to purchase.

3.3 As part of our order process, you will be given the opportunity to check your order and to correct any errors. Following receipt of your order, we will send you an order acknowledgement email, detailing the products you have ordered. Please note that this order acknowledgement email is not an order confirmation or order acceptance from us.

3.4 Our acceptance of an order and the completion of a contract between you and us takes place only when we dispatch the order even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.

3.5 We may refuse to accept an order:

a) where products are no longer available;

b) where we cannot obtain authorisation for your payment or suspect fraud;

c) if there has been a pricing or product description error; or

d) if you do not meet any eligibility criteria set out in this Terms of Use.

3.5 Sales to destinations not within our list of shipping countries will only be accepted with prior arrangement with our export department, and will be subject to prepayment and a minimum export sale order. You may contact us at email: support@wellplayedgear.com for enquiries.

3.6 We reserve the right to limit the quantity of any product sold, or prohibit a sale altogether, including but not limited to prohibiting sales to resellers. In any such event you will receive a refund.

4. PRICING

4.1 All prices are in United States Dollars and include all taxes (where applicable) at the current rates but do not include delivery or other charges.

4.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates will be made known to you.

4.3 Our prices are reviewed regularly and while we try to ensure that all prices on the Website are accurate, errors may occur. If we discover an error in the price of products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the products, you will receive a full refund.

5. PAYMENT

5.1 We take payment immediately and all products are subject to availability. In the event that we are unable to supply a product, we will inform you of this as soon as possible.

5.2 In the interests of preventing fraudulent use of credit, debit and charge cards, we will validate the names, addresses and other information supplied during the order process against commercially available records (e.g. electoral roll data, credit reference services etc.). A third party may also be instructed to complete these checks. By ordering from the Website, you consent to such checks being made. Any information you provide to us may also be disclosed to a registered credit reference agency which may keep a record of the information. All personal data provided by you will be processed in accordance with our Privacy Policy. You acknowledge and agree to be bound by the terms of our Privacy Policy.

5.3 We do not accept foreign currencies. At the point of payment, your card issuing bank will convert the amount paid in United States Dollars to other currencies using their current exchange rate. Please bear in mind our other currency display is a guide and that your bank exchange rate may be different to our online display and will be reflected on your card statement.

6. DELIVERY

6.1 At present, products bought on the Website will be delivered to locations within the United States of America.

6.2 Your order will be delivered to the address you indicated when you placed your order.

6.3 Delivery charges and estimated timescales are specified on our delivery page and also when you place an order. Unless otherwise agreed with you and subject to clause 14, delivery of the products will be within 30 days beginning with the day after you ordered the products. Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us.

7. RETURNS

If your product is delivered damaged, you should contact us at support@wellplayedgear.com.

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8. LICENCE

8.1 You are permitted to print and download extracts from the Website for your own use on the following basis:

a) no documents or related graphics on the Website are modified in any way;

b) no graphics on the Website are used separately from accompanying text; and

c) our copyright and trademark notices and this permission notice are to appear on all copies.

8.2 Unless otherwise stated, the copyright, trademark and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of this Terms of Use, any use of extracts from the Website other than in accordance with clause 8.1 above for any purpose is prohibited. If you breach any of the terms in this Terms of Use, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.

8.3 Subject to clause 8.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

8.4 Any rights not expressly granted in this Terms of Use are reserved.

9. ACCESS

9.1 While we endeavour to ensure that the Website is normally available 24 hours a day, we will not be liable if for any reason the Website is unavailable at any time or for any period.

9.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for any reasons beyond our control.

10. VISITOR MATERIAL AND CONDUCT

10.1 Other than personal data, which is covered under our Privacy Policy, any material you transmit to the Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

From time to time we may also provide your personal data to consumer research and analytics service providers for research and analysis purposes so that we can monitor and improve the products and services we provide. We or our agents and subcontractors may contact you by post, email or telephone to ask you for your feedback and comments on our products and services.

10.2 You are prohibited from transmitting to the Website any material:

a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, or of which may cause annoyance or inconvenience;

b) for which you have not obtained all necessary licences and/or approvals;

c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the United States of America or any other country in the world; or

d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious software or harmful data).

10.3 You must not misuse the Website (including, without limitation, by hacking).

10.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 10.2 or 10.3.

11. LINKS TO AND FROM OTHER WEBSITES

11.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you will be directed out of the Website. We have not reviewed any of these third party websites, and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

11.2 If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:

a) you do not remove, distort or otherwise alter the size or appearance of our logos or trademarks;

b) you do not create a frame or any other browser or border environment around the Website;

c) you do not in any way imply that we are endorsing any products or services other than our own;

d) you do not misrepresent your relationship with us nor present any other false information about us;

e) you do not otherwise use any of our logos or trademarks displayed on the Website without our express written permission;

f) you do not link from a website that is not owned by you; and

g) your website does not contain content that is distasteful, offensive or controversial, defamatory, causes annoyance or inconvenience, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. We expressly reserve the right to revoke the right granted in this sub-clause (g) for breach of this Terms of Use and to take any action we deem appropriate.

11.3 You shall fully indemnify us and our group companies, and our and their officers, directors, employees, shareholders, contractors and/or agents for any loss or damage any of them may suffer or incur as a result of your breach of clause 11.2.

12. DISCLAIMER

12.1 While we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website. We may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update such material.

12.2 The material on the Website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of merchantable quality, fitness for purpose and the use of reasonable care and skill) which but for this Terms of Use might have effect in relation to the Website.

12.3 We do not warrant that the Website or its contents are appropriate or acceptable for use in every country of the world. It is prohibited to access the Website from territories where its contents are illegal or unlawful. Your use of the Website is at your own risk and you are responsible for compliance with applicable local laws.

13. LIMITATION OF LIABILITY

13.1 Save as precluded by law, we and any of our group companies, officers, directors, employees, shareholders or agents of any of them will not be liable for any losses or damage that you suffer under this Terms of Use which were not a foreseeable consequence of a breach of this Terms of Use. We are not responsible for consequential and/or indirect losses which were not contemplated including, but not limited to, any loss of income or profits, loss of reputation, business or goodwill, loss of data or loss of opportunity.

13.2 We are not liable for losses that arise in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.

13.3 Nothing in this Terms of Use shall exclude or limit our liability for any liability which cannot be excluded or limited under applicable law.

13.4 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

13.5 You agree to indemnify, defend and hold us and our affiliates, and our and their respective officers, directors, employees, agents, contractors, successors and assigns, harmless from and against all claims, liability, damages, losses, costs and expenses (including reasonable legal fees) arising out of or in connection with any breach of this Terms of Use by you, or your use of the Website, or any activity related to your Account, be it by you or by any person accessing your Account with or without your consent.

14. IMPOSSIBILITY OF PERFORMANCE

We shall be relieved of the obligations to perform our obligations under this Terms of Use to the extent that the performance thereof is prevented by events or circumstances beyond our reasonable control including, but not limited to, acts of God, riots or civil disorder, fire, flood, lightning, industrial dispute, war or military operations, labour disturbance, inclement weather, disease outbreaks and any acts or omissions of government, persons or bodies beyond our reasonable control.

15. COMMENTS, QUESTIONS & COMPLAINTS

We welcome your feedback, however, any comments, ideas, notes, messages, suggestions or other communications sent to us regarding the Website and/or the products and services we provide shall be and remain our exclusive property, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you.

16. GOVERNING LAW AND JURISDICTION

This Terms of Use shall be governed by and construed in accordance with the laws of the State of New York and without regard to its conflict of law provisions. Disputes arising in connection with this Terms of Use shall be brought in any state and federal courts located in New York County, New York. WE AND YOU HEREBY KNOWINGLY AND WILLINGLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS TERMS OF USE..

17. MISCELLANEOUS

17.1 You may not assign, sub-license or otherwise transfer any of your rights or obligations under this Terms of Use.

17.2 If any provision of this Terms of Use is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

17.3 A person who is not a party to this Terms of Use shall have no right to enforce any terms, or to enjoy any benefit under this Terms of Use.