Terms

Terms and Conditions Of Purchase

Website Terms Of Use – E Commerce

1. About the Website

1.1.   What is the ‘Website’

The website at https://www.rafcshop.co.uk including any sub-domains (www.rafctickets.co.uk)  or any subsequent URL which may replace it.

2. To whom these terms and conditions apply

2.1.   Who is ‘Rochdale AFC’

Rochdale Association Football Club Limited

Crown Oil Arena, Sandy Lane, Rochdale, OL11 5DR, UK

Company Number: 00111019, VAT Number: 146712469

2.2.   Who are ‘you’

Any person in that person’s capacity as

  • A purchaser of goods from Rochdale AFC via the Website (‘Products’); and/or
  • A user of Rochdale AFC’s Website

3. About these terms and conditions

3.1.   To what these terms and conditions apply

They apply to the following:

  • To your purchase and Rochdale AFC’s sale of Products (whether from within the EU or from outside the EU); and
  • To your use of the Website.

3.2.   Differences of application

Parts of these terms and conditions will apply differently depending on whether you are located

  • In England; or
  • Elsewhere in the UK; or
  • In the EU (for as long as the UK remains subject to EU rules); or
  • Outside the EU.

3.3.   Examples of differences for the purposes of item 3.2

  • Section 7 regarding how a contract is formed between you and Rochdale AFC resulting your purchase of any Products and/or use of the Website.
  • Section 8 regarding delivery charges
  • Section 9 regarding payment and VAT arrangements
  • Section 10 regarding import duty and tax payments and customs.

4. Contacting Rochdale AFC

4.1.   How you contact Rochdale AFC if you have queries in relation to

  • Your purchase of any Products; and/or
  • Your use of the Website
  • General Enquiries:

01706 644648

  • Ticket Enquiries:

Email: [email protected];

Telephone: 01706 644648 opt 1.

  • Product Enquiries

Email: [email protected];

Telephone: 01706 644648 opt. 3

5. About Product Descriptions

5.1.   About the Product Description

The Product Description of a Product forms part of these terms and conditions in relation to that Product.

This may include (for example)

  • Information about the Product’s features
  • Estimated delivery times
  • Warranties
  • After sale service

That Product Description overrides the rest of these terms and conditions in relation to that Product if there are any inconsistencies.

6. You as a purchaser

6.1.   About you as a purchaser of Products

  • You may only purchase Products as a consumer (i.e. as an individual acting entirely outside your trade, business, craft or profession).
  • If you are under 18 years of age at the time you order any Products, you must have appropriate consent from your legal guardian.

Rochdale AFC may cancel your order for Products (without liability to you) if Rochdale AFC has good reason to believe any of the above is not the case.

7. Forming a Contract to purchase a Product

7.1.   Steps in forming a Contract for the purchase of a Product

(a) First step - placing order

You place an order for the Product by clicking “Buy Now” button at the end of the checkout process on the Website.

By clicking on “Buy Now”:

  • You will have consented to all aspects of the order, including all charges (including relevant delivery charges and relevant taxes) indicated.
  • You will have accepted that these terms and conditions and the relevant Product Description and accompanying prices, charges and taxes and other information relating to the Product on the Website (and no other terms and conditions) form the terms of contract between you and Rochdale AFC when your order is accepted under item (c) below.
(b) Second step – order confirmation
  • If Rochdale AFC wishes to accept your order (and it is not obliged to do so), Rochdale AFC will send you an e-mail (to the e-mail address you have supplied) confirming your order.
  • This e-mail will acknowledge the Products you have ordered.
  • This confirmation is acceptance of your order.
  • A Contract is then in place between you and Rochdale AFC in relation to the purchase and sale of the Products described in the confirmation.
(c) Third step – dispatch
  • Orders will normally be dispatched within 2 working days following receipt of order confirmation.
  • If you have ordered more than one Product at the same time, Rochdale AFC may (if it wishes to do so) dispatch the Products separately and at different times.
(d) Fourth step – taking payment
  • If you are paying by your credit/debit card: Rochdale AFC will charge the card you have supplied when Rochdale AFC confirms your order according to item (c).

8. Delivery arrangements

8.1.   About delivery times indicated on the Website

  • These are estimates only.
  • We will use reasonable endeavours to deliver Products no later than 30 days from the date Rochdale AFC sends the order confirmation e-mail described in item 7.1(c).

8.2.   About delivery times for international delivery

  • These will vary according to delivery destinations.
  • Please contact Product Enquiries using the details given in item 4.1 if you have any queries.

8.3.   If your order has not been delivered by the estimated delivery time range after you have received the order confirmation e-mail described in item  7.1(c)

Please contact Product Enquiries using the details given in item 4.1.

8.4.   Splitting delivery

  • Rochdale AFC may deliver your order separately in different parts if the circumstances reasonably require it (e.g. due to stock availability).
  • Rochdale AFC will not impose additional charges for this.

8.5.   Delivery delays

  • Rochdale AFC is not liable to you for delays to delivery which are caused by factors outside Rochdale AFC’s reasonable control (e.g. shortage of materials, delays in import, unusually high demand, customs procedures etc.).
  • Rochdale AFC will use reasonable endeavours to inform you by e-mail of any such delay
  • If the Products are not delivered in 30 days: Rochdale AFC will cancel the order and reimburse you for all payments you have made to Rochdale AFC in relation to the order. That reimbursement is due 14 days after the above notification or 14 days after the end of the 30-day period, whichever is later.

8.6.   About delivery charges

  • Rochdale AFC will indicate any delivery charges on the Website.
  • Rochdale AFC will not be able to process your order if you do not accept the relevant delivery charges.
  • Taxes applying to delivery charges may depend on your country of residence.

8.7.   About international delivery

  • The Product Description (e.g. delivery times) may vary depending on the country which you are in and/or to where you wish the Product to be delivered.
  • Products may not necessarily be available for international delivery to every country.

9. Payment arrangements

9.1.   Currency issues

  • Your payment will be made in UK Sterling only.
  • If your card operates in a different currency to that in which you pay for any Products: you may be subject to exchange rates and any further charges as decided by your bank or card provider.

9.2.   Delivery charges

This will be itemised as separate delivery charges on the Website and in our e-mails to you.

9.3.   Taxes

Any taxes will depend on the country of the delivery address as follows:

(a) If your order from within the UK or EU
Whether or not the delivery address is also within the UK or EU

The price of the Product and any delivery charges will include VAT or the equivalent in the country to which the delivery is to be made

(b) If your order from outside the UK or EU and the delivery address is NOT in the UK or EU
  • The price of the Product and any delivery charges will normally be zero-rated and not subject to VAT.
  • However, the price of the Product and any delivery charges will remain as shown on the Website.
(c) If your order from within the UK or EU, about the VAT charges
  • VAT must be charged for deliveries within the EU.
  • The UK’s VAT rate would normally apply.
  • However, if Rochdale AFC’s sales in a particular EU country exceed the threshold for VAT registration in that country, Rochdale AFC would be obliged to register for VAT in that country, and to charge VAT at that country’s rate.
(d) Rochdale AFC’s VAT numbers

UK: 146 712 469

(e) If you are purchasing inside the UK but for immediate export outside the EU
  • It may be possible to obtain a refund on the VAT.
  • If this applies, you must contact  Product Enquiries using the details given in item 4.1 before placing your order if you wish to obtain such a refund.

10.  Arrangements regarding import duty, customs etc.

10.1.    About deliveries of Products to a country outside the EU.

  • Such deliveries may be subject to laws, taxes, fees, customs duty (or similar to any of these) imposed by the relevant country.
  • The person to whom the delivery is made (whether you or otherwise) is the importer of the Products:
  • Is responsible for complying with all relevant formalities and laws; and
  • Is liable to pay any additional taxes, duties and fees (or similar to any of these)

resulting from the delivery of the Products to the relevant country.

  • That person will usually receive a separate request for payment of additional taxes, duties and fees (or similar to any of these). If that person is someone other than you, you (and not Rochdale AFC) is responsible for informing that person of these additional taxes, duties and fees (or similar to any of these).
  • Rochdale AFC is unable to provide you with any advice or other assistance on these matters. Any guidance Rochdale AFC may provide you on these matters is for guidance only, and you should seek your own advice, probably from someone in the relevant country.
  • Rochdale AFC will act on your behalf as exporter of the Products. Rochdale AFC will complete any necessary export declarations (or similar) in our name on your behalf.

11.  Changing your order

11.1.    Can you change your order after you have made it, or change the delivery address

  • After order confirmation and prior to dispatch you can make changes to your order: please contact  Product Enquiries using the details given in item 4.1 to make the change.
  • If the Products have already been dispatched: you will not be able to make these changes. See section 13 for your rights to return unwanted Products.
  • If you wish to purchase additional Products: please make a further order.

12.  Damaged, faulty Products etc.

12.1.    Circumstances where this section 12 applies

This section 12 applies to any Product which is delivered to you to which any of the following circumstances (‘Affected Circumstances’) applies to that Product at the time of delivery to you:

  • The Product is damaged
  • The Product is faulty
  • The Product is not as described on the Website and in the order confirmation e-mail described in item 7.1(c).

12.2.    What you must do if any Affected Circumstance applies to a Product which has been delivered to you

Contact Product Enquiries using the details given in item 4.1 within 14 days providing details of the Product and the Affected Circumstance which applies.

12.3.    Exchanging Product

Rochdale AFC may offer you the chance to exchange the Product for the same item(s) or for other item(s) up to the same value of the damaged/faulty Product.

You are under no obligation to accept any offer of an exchange.

12.4.    Liability of Rochdale AFC to reimburse you if any Affected Circumstance applies to a Product

Rochdale AFC is liable to reimburse to you the following:

  • The cost of the Product which you have already paid Rochdale AFC.
  • The delivery cost of the Product.
  • Your reasonable and properly evidenced costs of returning the Product to us.

Rochdale AFC will make that reimbursement through the same method you used to pay for the Product when you placed the order.

That reimbursement is due 14 days after our receipt of the returned Products or (if you are claiming costs or return) our receipt of suitable evidence of the costs you are claiming.

This does not limit your statutory rights under English law and (if you are not resident in England) your country of residence.

13.  Cancellation, returns

13.1.    Your cancellation rights: when you may cancel your entire order if you wish to do so

No later than 14 days after the day on which you have received the relevant Products.

13.2.    Rights to return: When you may return to Rochdale AFC all or particular Products contained in an order if you wish to do so

No later than 30 days after the day on which you have received the relevant Products

You may not return the following Products:

  • Goods made to your specific requirements and/or which have been personalised at your request
  • Goods which have had manufacturer tags containing a barcode removed
  • Goods which cannot be returned due to their nature (e.g. underwear/swimwear which has been worn or goods which by their nature deteriorate or perish quickly)
  • DVDs, videos PC & video games which have been opened

13.3.    How do you cancel

By a clear statement sent to  Product Enquiries using the email address given in item 4.1 indicating your decision to cancel.

You must include:

  • Your name
  • Order reference number (as contained in the order confirmation email)
  • Geographical address,
  • Details of the relevant order
  • Your e-mail address
  • Your telephone number if you have one

You may (but you are not obliged to) use any model cancellation form which Rochdale AFC has published at the time.

13.4.    If you cancel your order in relation to all or any of the Products – what you must do

You must return the relevant Products to Rochdale AFC Club Shop, Pearl Street, Crown Oil Arena, Rochdale, OL11 5DR

  • At your cost
  • Either
  • Rochdale AFC must have received the returned Products no later than 30 days after the date of its receipt of your statement described in item 13.3; or
  • You must be able to evidence that you sent the returned Products to the relevant address no later than 30 days after the date of its receipt of your statement described in item 13.3.

13.5.    Rochdale AFC’s liability to reimburse you if you have returned any Products strictly according to item 13.4

Rochdale AFC is liable to reimburse to you the following (by the same method with which you paid for the order)

  • The cost of the relevant Products which you have returned, to the extent Rochdale AFC has already received your payment for them.
  • If you cancel your entire order under item 13.1 (and are not returning part of the order under item 13.2): the delivery costs (being the standard delivery costs if you choose a more expensive delivery method).
  • See section 12 for other circumstances where Rochdale AFC will reimburse your return costs and original delivery costs.

13.6.    Rochdale AFC’s right to make deductions from the reimbursement described in item 13.5

Rochdale AFC may make a reasonable deduction from that reimbursement if there is any loss in value of the relevant Products resulting from your actions (e.g. your unnecessary handling of the Product).

13.7.    Due date for payment of the relevant reimbursement by Rochdale AFC to you

14 days after the day Rochdale AFC receives back the Products which you have returned according to item 13.4.

13.8.    Your rights regarding faulty/damaged Products etc. described in section 12

You may cancel your Contract in relation to those Products.

  • Rochdale AFC will also reimburse you for the cost of returning the relevant Products.
  • See section 12 for further details.

13.9.    Whether anything in this section 13 or elsewhere in these terms and conditions limits your statutory rights as a consumer

No.

13.10.  Rochdale AFC’s right to refuse your order and/or to cancel your order

Rochdale AFC may refuse or cancel your order if any of the following applies:

  • The Product you have ordered is not in stock at the time.
  • Rochdale AFC cannot obtain appropriate authorisation for your payment.
  • Rochdale AFC identifies an error relating to the description of the Product and/or its pricing and other charges.

Rochdale AFC has good reason to believe you are not complying with these terms and conditions (e.g. if it has good reason to believe you are not a consumer, or that you are under 18 years of age and do not have appropriate consents to make the order).

14.  Liability issues in relation to the purchase of Products

14.1.    For what Rochdale AFC is liable to you for in connection with

  • Your purchase of any Product; and/or
  • Your use of the Website generally
  • For Rochdale AFC’s breach of these terms and conditions: only for your loss or damage that is a foreseeable result of either of Rochdale AFC’s breach of any relevant contract created between Rochdale AFC and you. The standard of conduct required of Rochdale AFC for this purpose is only one of reasonable care and skill.
  • For anything else connection with your purchase of any Product and/or your use of the Website: only for your foreseeable loss and damage caused by Rochdale AFC’s breach of any duty of care it owes you according to law.
  • For the above purpose, your loss or damage is foreseeable only if either of the following applies
  • The loss or damage is an obvious consequence of Rochdale AFC’s breach; or
  • The loss or damage is not an obvious consequence of Rochdale AFC’s breach; but Rochdale AFC knew the relevant loss or damage might happen.

14.2.    About limits and exclusions of Rochdale AFC’s liability

  • Rochdale AFC does not limit or exclude its liability to you (whether in contract or otherwise) to the extent it is unlawful for Rochdale AFC to do so.
  • This includes:
  • Rochdale AFC’s liability for death or personal injury caused by its negligence; and/or
  • Rochdale AFC’s liability for its fraud or fraudulent misrepresentation; and/or
  • Rochdale AFC’s statutory liability in relation to the sale of the Products to you as a consumer.

15.  About use of the Website

15.1.    Acceptance

  • These terms and conditions (and no other terms and conditions supplied by you) govern your use of the Website.
  • By using the Website, you are deemed to have agreed to be bound by these terms and conditions in relation to such use.
  • If you do not wish to agree to be bound by these terms and conditions, you are not permitted to use the Website.
  • You should print a copy of these terms and conditions for your records.

15.2.    To whom the Website is directed

  • To residents of the UK.
  • While Rochdale AFC welcomes users from across the world, Rochdale AFC cannot promise that the content of the Website is suitable for use outside the UK.

15.3.    About the content on the Website

  • The content of the Website is for general information only.
  • Rochdale AFC does not intend to provide any professional advice on which you should rely.
  • Rochdale AFC does not promise that any of the information provided on the Website is accurate, up-to-date or complete. This does not exclude Rochdale AFC’s liability for fraudulent misrepresentation.

15.4.    Your rights of use

You may do any of the following for your own private (non-commercial) use:

  • Print off one copy of any Website page.
  • Download extracts from any Website page.

You may do anything else with the Website, in its url and in all material published on the Website, but only with the prior written consent (under licence) of Rochdale AFC and/or its relevant third party licensors. Such consent is at discretion and is likely to require a written licence agreement.

15.5.    About your permitted use described in item 15.5

  • Such use does not give you any property rights in the Website, in its url or in any material published on the Website other than material you contribute (described in item 15.9).
  • You must not modify any copies or downloaded extracts described in item 15.5.
  • You must not use any pictures, graphics, videos, audio, photos etc. separately from any accompanying text.
  • You must acknowledge Rochdale AFC or its third party licensors as authors or the relevant copies or downloaded extracts.

15.6.    Linking to any page on the Website

You may link to any page on the Website, but not in any way that

  • Is from any website which you do not own or control; and/or
  • Is unlawful; and/or
  • Harms the reputation and good name of Rochdale AFC and/or anyone associated with it; and/or
  • Takes advantage of the reputation and good name of Rochdale AFC and/or anyone associated with it (e.g. by suggesting any endorsement or commercial or other association) except to the extent agreed in writing by Rochdale AFC and/or that associated person. Please contact Rochdale AFC’s Commercial Director if you wish to seek such permission.

Rochdale AFC may withdraw the above permission at any time, without prior notice and without requiring a reason for doing so.

15.7.    Consequence if Rochdale AFC has reasonable grounds to believe you have used the Website, in its url and in all material published on the Website in a way that infringes the intellectual property rights of Rochdale AFC and/or its licensors

  • Rochdale AFC may discontinue your right to use the Website.
  • This does not exclude other rights and remedies of Rochdale AFC or anyone else.

15.8.    About material which you contribute to the Website

If you contribute any material to the Website (e.g. text, pictures, graphics, videos, audio, photos etc.), you agree that the following applies:

  • You grant Rochdale AFC and its affiliates a non-revocable, non-exclusive, royalty-free, worldwide perpetual licence to use that material for any purpose the relevant licensee deems fit. The relevant licensee may assign or sub-licence the benefit of that license to anyone else, without requiring your consent
  • You promise to Rochdale AFC that you have the right to contribute the material and to grant the licence described above, and that by contributing the material and granting the licence, you are not infringing the property or other rights of any third party.
  • Rochdale AFC may remove any such material if it has reasonable grounds to believe that material does not meet its values and standards e.g.
  • Promoting hate against community groups and/or named individuals.
  • Foul language
  • Unpaid advertising or soliciting for business
  • Pornographic or other indecent material
  • Grooming activity
  • Harassment of any individual or group
  • Political campaigning for or against a particular political party or a candidate.

15.9.    Intellectual Property in the Website, trademarks

All intellectual property in the Website, in its url, in all material published on the Website, and in Rochdale AFC’s trade mark belongs to Rochdale AFC or its third party licensors. All rights in relation to any of these are reserved to Rochdale AFC or its relevant third party licensors.

15.10.  Exclusion of liability for use of the Website

(this does not apply to your purchase of Products, where the issue is covered in section 14

  • Rochdale AFC excludes all liability to you in connection with your use of the Website, particularly in relation to any use of the Website for commercial purposes (e.g. liability to you for loss of profit, loss of business, loss of business opportunity etc.).
  • That exclusion of liability does not apply to the extent such exclusion is not permitted by English law (e.g. death or personal injury caused by Rochdale AFC’s negligence, fraudulent misrepresentation.

15.11.  If there is registration on the Website

(a) About you

You promise the following:

  • That you are at least the minimum age in your country of residence to give consent to register.
  • That the information you supply in registering is materially correct at the time.

Rochdale AFC may remove your registration (without communicating the matter to you) if it has reasonable grounds to believe either of the above is not the case.

(b) About any User ID, password or similar security information relevant to you in relation to the Website

(whether chosen by you or allocated to you by Rochdale AFC)

  • It is confidential to you. You must not disclose it to anyone except as required by law.
  • Rochdale AFC may disable any of these at any time, if it has reasonable grounds to believe you have failed to comply with these terms of use.
  • If you believe any third party knows any of these, please contact General Enquiries using the details given in item 4.1.

15.12.  About links to other websites etc.

  • Links to other websites or other materials (e.g. documents etc.) belonging to third parties are for information only.
  • You should not infer from those links any recommendation from Rochdale AFC or anyone else regarding those other websites or other materials.

The above is reasonable because Rochdale AFC does not have control over those other websites or other materials.

15.13.  Right to change the Website

Rochdale AFC may change the Website at any time as it sees fit to meet needs of users and Rochdale AFC’s own business needs.

15.14.  Viruses

  • Rochdale AFC does not promise that the Website will be free from viruses or similar.
  • Rochdale AFC recommends that you use a suitable virus protection software when using the Website.
  • You must not knowingly introduce to the Website any viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.

15.15.  Access to the Website

You must not do (or try to do) any of the following:

  • Obtain unauthorised access to the Website or the relevant server on which the Website is stored, or any connected server, computer or database connected.
  • Attack the Website via a denial-of-service attack or a distributed denial-of service attack.

Your breach of the above is likely to be a criminal offence under the Computer Misuse Act 1990. In this case, you can expect Rochdale AFC to cooperate with appropriate authorities. This does not limit Rochdale AFC’s rights and remedies.

15.16.  Use of information technology

You should ensure your relevant devices and software are suitable to enable you to use our Website.

15.17.  Site availability

  • Rochdale AFC may suspend or discontinue the Website temporarily or permanently at any time and for any reason.
  • While Rochdale AFC is not contractually required to communicate the matter to you, it will try to do so to the extent possible.

15.18.  Charges you must pay to use the Website

Your use of the Website is free of charge.

16.  Use of personal data

16.1.    How Rochdale AFC uses your personal data in connection with

  • Your purchase of any Product; and/or
  • Your use of the Website generally

See our Privacy Policy.

17.  Resolving disputes

17.1.    Purpose of this section 17

To have a process to resolve disputes between you and Rochdale AFC regarding any matters described in these terms and conditions, with a view to minimising the costs and other disadvantages of going to court.

17.2.    Which of us may refer any dispute to alternative procedures

Either of us may do so, by communicating the intention to do so in writing.

  • If you contact Rochdale AFC for this purpose: it shall be via the Commercial Director
  • If Rochdale AFC contacts you for this purpose: if shall be via the e-mail address you have supplied.

17.3.    If you are resident in the EU and are not happy with the way in which Rochdale AFC has handled any complaint

You may submit a complaint via the European Commission Online Dispute Resolution platform at http://ec.europa.eu/odr.

18.  Other topics

Relationship between the parties

18.1.    Relationship between the parties created by these terms and conditions

  • In relation to the purchase of Products: the relationship of supplier and customer of the Products.
  • In relation to the use of the Website: the relationship of website host and website user.

These terms and conditions do not create any of the following relationships between the parties and/or their Affiliates

  • A partnership between them
  • A principal-agent relationship
  • Any employment relationship between them.

Assignment, novation

18.2.    Assignment

If Rochdale AFC wishes to assign its rights, entitlements, benefits, powers or anything similar to any of these in connection with these terms and conditions, it may do so without your consent.

Entire agreement

18.3.    About these terms and conditions

These terms and conditions and any document cross-referenced in it (e.g. any policies) comprise the entire agreement between the parties on the subject matter of these terms and conditions. No other material forms part of it.

18.4.    Status of any previous agreements entered between the parties on the subject matter of these terms and conditions

They are fully extinguished immediately when these terms and conditions is entered.

18.5.    Liability of a party in relation to any statement, warranty, representation, opinion or prediction of the future which that party may have made which is not described or clearly cross-referenced in these terms and conditions

To the fullest extent permitted by Law:

  • These are excluded from these terms and conditions.
  • That party’s liability in relation to any of these is excluded.

This does not exclude any party’s liability for fraudulent misrepresentation.

Third party rights

18.6.    Rights of third parties with rights under these terms and conditions for the purposes of the Contracts (Rights of Third Parties) Act 1999

  • The rights of the following third parties to directly enforce such rights, powers or anything similar under these terms and conditions (under that Act) are RETAINED: any Affiliate or other person associated with Rochdale AFC, any third party licensor of Rochdale AFC.
  • All other rights of third parties under the Act are excluded to the fullest extent permitted by Law.

Varying these terms and conditions

18.7.    Rights to vary

Rochdale AFC may vary these terms and conditions at any time.

18.8.    Whether variations to these terms and conditions apply to orders which Rochdale AFC had already accepted by issuing an order confirmation e-mail under item 7.1(c)

  • Such variations do not apply to such orders, unless both you and Rochdale AFC agree to the variation in writing (which neither you nor Rochdale AFC is obliged to do).
  • If no consideration is indicated in the relevant document: the parties shall pay each other £1.00 as consideration, which they consider sufficient consideration.

Remedies

18.9.    Consequences if these terms and conditions refers to particular remedy in a particular circumstance

It does not in itself exclude the availability of any other remedy (whether arising under these terms and conditions or otherwise) in that circumstance (unless otherwise clearly indicated).

18.10.  Consequence if a party pursues a particular remedy in a particular circumstance in connection with these terms and conditions

That shall not in itself constitute a waiver of that person’s right to pursue other available remedies in those circumstances (whether under common law, equity, statute or otherwise).

18.11.  Rights of a party to seek remedies other than damages against the other party in connection with these terms and conditions

  • The parties acknowledge that damages may not always be an adequate remedy of that person in particular circumstances.
  • Therefore, that person may (without being required to prove special damage) obtain other remedies available to that person (whether arising under common law, equity, statute or otherwise), including for example, injunctions and/or specific performance.

Severance

18.12.  Where any part of these terms and conditions is held by any court (or equivalent body) to be invalid or unenforceable for any reason:

  • First step: if possible, the relevant provision shall be modified by removing or altering those parts of that provision that create the invalidity or unenforceability. Such removal or alteration shall be to the minimum extent necessary to allow the provision to be held to be valid and enforceable, having regard to the purpose of the relevant provision.
  • Second step (if the above step is not reasonably possible): the entire provision shall be severed from these terms and conditions unless it alters the fundamental nature of these terms and conditions or is otherwise against public policy.
  • The rest of these terms and conditions remains binding.

Waivers

18.13.  Strict requirements for a waiver of a party’s rights or powers in connection with these terms and conditions to be binding on that party

Only if all of the following apply to the waiver (and not otherwise):

  • It is clearly indicated to be a waiver of the relevant right or power.
  • It is in writing.
  • It is authorised by a person who has (or it is reasonable for the other party to believe, without making further checks, that the relevant person has) appropriate authority to give the waiver on behalf of that party.

18.14.  Delay or failure to exercise that right or power shall not in itself be a valid waiver of it

A waiver of that right or power on one occasion does not (except to the extent otherwise indicated in that waiver) in itself constitute a waiver of the same right or power on a later occasion and does not affect any other right or power.

Governing law and jurisdiction

18.15.  The law under which these terms and conditions is to be interpreted and generally governed

English law.

18.16.  Jurisdiction to exclusively apply to disputes arising in connection with these terms and conditions

This is subject to the dispute resolution arrangements in section 17

English courts.

19.  Definitions used in these terms and conditions

Contract

Each contract formed between you and Rochdale AFC as follows:

  • In relation to your use of the Website: each time you use the Website on any device.
  • In relation to your purchase of any Products: as indicated in section 7 each time you order any Products from us via our Website.

Personal Information

Information you provide Rochdale AFC on the Website.

Product

A product displayed on the Website by Rochdale AFC for sale on the Website.

Product Description

The relevant description of a Product on the Website.