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Terms and Conditions

Welcome to the SAFC Store. Please read the following terms and conditions (the Terms and Conditions) carefully before using this website. By using this website or any subsite accessible on this website, the user (user, you of the customer) accepts, without limitation or qualification, the Terms and Conditions set out below and any additional Terms and Conditions set out in any subsite. If you do not agree to these Terms and Conditions, you should exit the website.

We will notify users of any material changes to the Terms and Conditions by publishing a notice of such changes on the home page of this website. Your continued use of this site implies that you accept to be bound by any updated version of the Terms and Conditions.

You may wish to open these terms and conditions in another browser window so you may print them out.

Please note that these Terms and Conditions, together with the terms and conditions set out in the Privacy Policy, Help section and other guidance section of the website form part of any your agreement you make with Kitbag for the purchase of goods under this website.

Sunderland v Liverpool Hospitality Competition

Win the chance for two to enjoy the Sunderland AFC v Liverpool FC fixture in club hospitality. 1. This Promotion is open to anyone who is authorised to make a purchase transaction on the Sunderland AFC online shop www.safcstore.com (On-line Shop) aged 18 and over, excluding employees and families of the Promoter or Sunderland Association Football Club, and in each case its agents or anyone else professionally connected with this promotion (Promotion). This Promotion is void where prohibited in whole or in part by local law. 2. Participation in the Promotion indicates acceptance of these terms and conditions and the Privacy Policy on the On-Line Shop. All entry instructions form part of these terms and conditions. 3. Entry to the Promotion is free when you (i) purchase any product from the 2013/14 training range before 23.59 on 22nd September (Order) and (ii) provide a valid email address where requested to do so. Only one entry person is permitted. 4. Incomplete, illegal, misdirected, late Orders or Orders made in bad faith will not be accepted as entries. Responsibility cannot be accepted for lost, damaged or delayed Orders. 4. The Promoters decision is final and no correspondence will be entered into. 5. The Winners names and counties can be obtained by sending a SAE to the Promoter’s address below. 6.The closing date is 23.59 BST 22nd September 2013. Winners will be contacted by telephone within 1 day from the Draw Date and will have to acknowledge the Prize immediately after notification and confirm they wish to accept the Prize. Failure of the Winner to do this will result in the Prize being forfeited. A suitable date for delivery of the Prize will be agreed upon between all parties. 7. Should the Promoter be (i) unable to contact the Winner, or (ii) the Prize is declined; or (iii) a Winner forfeits the Prize under these terms and conditions, or cannot take the Prize due to not being able to comply with these terms and conditions then the Promoter may at its absolute discretion draw an alternative winner. 8. Participants may not participate with multiple email addresses or use any other resource to participate multiple times. The entries of any participant attempting to participate more than once will be disqualified. 9. By entering this competition you agree to be legally bound by these terms and conditions. 10. To enter offline with no minimum spend, send your name and address to SAFC Online Store Customer Services, PO Box 210, Manchester, England M24 1FD. Only one entry per stamped mailed envelope. Bulk entries or entries sent through trade, consumer groups, agents or third parties will not be accepted. 11. Prize includes four course lunch, executive seating and match day programme for winner plus a guest. Drinks other than tea and coffee served with the meal must be paid for. The prize does not include associated travel costs. 12. If the Winners companion is aged under 18 years old, they must have prior parental or guardian permission and must be accompanied by an adult aged 18 or over when taking up the Prize. 13. The Promoter will not be held responsible for the Winners and his/her companion not taking advantage of the Prize due to health or any other reason including without limit being unable to take out travel insurance which if overseas travel is applicable is mandatory in order to receive the Prize. 14. It is the responsibility of the Winners to (i) organize and pay costs associated with obtaining visas for the travelling parties and all other travel documentation and requirements (where foreign travel is applicable) (ii) ensure that the travelling parties are adequately insured including without limitation covering overseas medical costs (where foreign travel is applicable), and (iii) ensure that the travelling parties adhere to the travel itinerary and other relevant safety instructions as set out by the Promoter or other third party provider. 15. The Winners and his/her companion may be required to participate in related publicity and by participating in the Promotion. The Winner and his/her companion grant consent for the participation in such publicity and the Promoter’s use of all material that is produced as a result of such activity. No additional compensation will be awarded for such promotional activities. 16. All elements of the Prizes are subject to availability, non transferable and non refundable there are no cash alternatives. The Prize cannot be sold or given to an alternative party. 17. To the fullest extent allowed by applicable law, neither Promoter nor its service providers involved in the organisation of this Promotion will accept any responsibility for loss, damage or injury caused by participation in the Promotion and/or Prize. 18. The Promoter reserves the right at its sole discretion to disqualify any individual which it considers is acting in bad faith with regard to the Promotion or who fails to comply with these terms and conditions. 19. The Promoter will use the information which you provide or which we obtain from our dealings with you, to administer the competition. We may also use it to tell you about our products and offers, and for market research including analysis and development of our products and customer relationships. 20. All tickets remain the property of the Promoter and are issued subject to any venue regulations. Terms and conditions of the relevant provider will apply including Sunderland AFC and the Winner agrees to comply with and ensure his/her companion complies with all such terms and the instructions of such third parties. 21. It is the responsibility of the Winners to inform the Promoter and third party providers of any wheelchair or similar access requirements for the Winner and/or their companion when taking up the Prize, and to adhere to any applicable health and safety guidelines. 22. Events may occur that render the prize draw itself or the awarding of the Prize impossible or impractical, accordingly the Promoter may at its absolute discretion vary, amend or cancel the Promotion including these Terms and Conditions at any time without notice and the entrant agrees that no liability shall attach to the Promoter as a result thereof. 23. English law applies and the English courts shall have exclusive jurisdiction over any proceedings in connection with this promotion. From time to time we give out gift certificates to all our registered users. If you would like to register with Sunderland AFC online store then click here.

Ownership and Operation

The SAFC Store is operated on behalf of Sunderland Football Club by Kitbag Limited (Kitbag or us) and the customer’s transaction will be between the customer and Kitbag and not between the customer and Sunderland Football Club. Kitbag is a company incorporated in England and Wales with company number 5933624 and whose registered office is at 2 Gregory St, Hyde, Cheshire S14 4TH. Kitbag’s VAT number is 125688644

Registration

You will need to register with Kitbag to place an order for products through this website.

In return for allowing you to use the Kitbag website and benefiting from our services, you agree that any information you provide us about yourself at any time will be true, accurate, current and complete and that you will ensure that this information is kept accurate and up to date. If incorrect information is supplied, any contractual obligation Kitbag has is immediately null and void.

Conditions of Registration

If you are under 18, you must ask your parents or guardians before you.

  1. Email the website, or ask Kitbag to email anything to you;
  2. Send in any information to Kitbag;
  3. Buy anything online

By continuing to use this website and any of the services offered, you are confirming that you are either 18 years or older or if you are under 18:

  1. You have obtained the consent of your parent or legal guardian to do so
  2. Your parent or legal guardian has reviewed and agreed these Terms and Conditions
  3. You are using the credit / debit card of a parent or guardian with that parent or guardian’s consent

Copyright

You acknowledge and agree that all content included on this website including but not limited to website design, text, graphics, audio clips, visual clips, logos, button icons and the selection and arrangement thereof shall remain at all times vested in the SAFC Store, Kitbag or its content suppliers and is protected by UK and international copyright laws. You are permitted to use this material only as expressly authorised by the applicable rights holder. Subject to the foregoing, the page headers, custom graphics and button icons are (unless indicated otherwise) service marks, trademarks, and/or trade dress of Kitbag.

All software used on this website is the property of the SAFC Store, and Kitbag and is protected by UK and international copyright laws ALL RIGHTS ARE RESERVED. Permission is granted to electronically copy and to print in hard copy portions of this website for the purposes of placing an order with Kitbag and using this website as a shopping resource only. Any other use of materials on this website including but not limited to reproduction for purposes other than those noted above, modification, distribution, transmission, broadcasting, republication, downloading or uploading without the prior written permission of Kitbag is strictly prohibited.

Notification of Copyright Infringement

Kitbag will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement, please provide our Legal Department with a notice (Notice) containing the following elements.

  1. A physical or electronic signature of the person authorised to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
  2. A description of the copyrighted work or works that you claim have been infringed and which you request to be removed from the site;
  3. A description of the location of the material that you claim is being infringed;
  4. Information sufficient to permit Kitbag to contact you, such as your physical address, telephone number and email address;
  5. A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorised by the copyright owner, its agent, or the law;
  6. A statement by you that the information in your Notice is accurate and that you are the copyright owner or are authorised to act on the copyright owners behalf.

You can notify Kitbag of any claims of copyright infringement at the following address:


SAFC Store
Attn: Legal Department
Greengate,
Manchester,
England
M24 1FD

Trademarks

You acknowledge and agree that trade marks included on this website shall remain at all times vested in the SAFC Store, Kitbag or any third party licensing use thereof to Kitbag (as applicable). You further undertake to use any such trade marks without the prior written consent of the SAFC Store, Kitbag Trademarks or Third Party Trademarks without the prior written consent of Kitbag or such third parties as own the applicable trade mark. The SAFC Store logo is an official trade mark of the SAFC Store and is the subject of extensive trade mark registration worldwide.

For further information on intellectual property matters contact our Legal Department:

SAFC Store
Attn: Legal Department
Greengate,
Manchester,
England
M24 1FD

Content Supplied by Users

If you send communications or materials to this website by electronic mail or otherwise, concerning any comments, questions, suggestions or the like, all such communications are, and will be treated as, nonconfidential and nonproprietary. Thus, you give up any claim that any use of such material infringes any of your rights including without limitation moral rights, proprietary rights or any other right, including the right to approve the way in which Kitbag uses such material.

Any material submitted to this website, may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used on a royalty free basis by Kitbag anywhere in the world, in any medium, in perpetuity.

Please note that this provision does not relate to any personal data that you submit which will be dealt with in accordance with the provisions of this websites Privacy Policy which is part of these Terms and Conditions.

Amending the Terms And Conditions of Use

Kitbag may add to, change or remove any part of these Terms and Conditions at any time. When material changes are made to the Terms and Conditions, a notice will be published on the home page of the Kitbag website notifying users that such changes have been made. By continuing to use this website after the publication of such a notice, you are indicating your acceptance of those changes. Kitbag may add, change, discontinue, remove or suspend any other content displayed on this website, including features and specifications of products and services described or depicted on the website, temporarily or permanently, at any time, without notice and without liability.

Privacy

We treat your privacy very seriously. Kitbags Privacy Policy provides details about the type of information we may collect from you and details of how we may use this information. You are asked to read our Privacy Policy, which forms a part of these Terms and Conditions and sets out the way in which your personal data is handled.

Use of the Site

You agree that you will only use our website in a way which is consistent with the Terms and Conditions and which complies with applicable laws and regulations. In particular you agree that you will not use this website to upload or send any material which contains software viruses or other codes, files or programmes designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or in any other manner which would interfere with or disrupt this website. You acknowledge that this website and any goods that you obtain from our website are provided for your personal use only and may not be used for any commercial purposes or distributed commercially without our permission.

Purchasing Goods

The Help Section, which forms a part of these Terms and Conditions, tells you how to order and pay for products. It also addresses any questions you might have about delivery of your products, your right to cancel orders or return faulty products to us and our quality assurance. In particular, we recommend that you read and understand the following sections:

  1. Delivery
  2. Payment
  3. Placing Your Order
  4. Returns

Kitbag reserves the right to decline any order, including orders for bulk or high value purchases and to change price and availability information without notice. Kitbag further reserves the right to correct any prices which have been posted on the website in error and Kitbag shall not be obliged to honour any such prices.

You acknowledge and agree that you shall be responsible for all for the payment of all taxes, import duties and all other unavoidable charges levied by law in connection with the order asnd purchase of your goods under or in connection with this website.

Multiple Promotions

Please note that any promotions/offers on the website cannot be used in conjunction with any other discounts.

PreOrdering items from Kitbag

Kitbag will preauthorise and charge for all preordered items no more than 2 weeks prior to despatch. The reason is to ensure that stock is allocated against your order. It is also sometimes necessary for the customer to confirm details contained within the order.

Links

Kitbag may provide links to websites owned by Kitbag and associated companies from time to time and/or websites that are owned by third parties that are not connected with Kitbag including other websites owned by the SAFC Store. All links are provided for your convenience only. Access to websites that are owned by third parties is at your own risk and none of the SAFC Store, or Kitbag has any responsibility or liability for such third party websites.

Availability

Kitbag will endeavour to ensure that this website is fully operational at all times. However we cannot guarantee that the website will be fault free. In particular, access to this website may be interrupted or restricted to allow for emergency or routine repairs or maintenance to be carried out or the introduction of new facilities or services.

Further, by using this website and any subsite, you acknowledge and agree that the Internet uses elements and relies upon services, input and facilities which are not within the control of Kitbag and if Kitbag is totally or partially prevented or delayed in the performance of any of its obligations in providing a particular service, such a situation will constitute a force majeure and Kitbag shall be excused the performance for so long as such a situation endures.

For the purposes of these Terms and Conditions, the term force majeure shall be deemed to include any cause affecting the performance by Kitbag of its obligations arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of Kitbag and in particular, but not by way of limitation, shall include strikes, lockouts, other industrial action, actual or threatened terrorist action, civil commotion, riot, crowd disorder, invasion, war, threat or preparation for war, fire, technical or power failure, software, hardware or telecommunication or other network failures, interruptions, disruptions or malfunctions, explosions, storm, flood, earthquake, subsidence, structural damage, epidemic or other natural or physical disaster, any legislation, regulation, rule or ruling of government, court or any competent authority.

Kitbag reserves its right to restrict, suspend or terminate your use of this website or any of our services at any time if we believe, in our absolute discretion, that you have breached these Terms and Conditions.

You agree to indemnify, defend and hold Kitbag, the SAFC Store, all of their associate companies, their directors, employees, information providers, licensors and licensees, officers and partners, (collectively, the Indemnified Parties) harmless from and against any and all liability and costs (including, without limitation, legal fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions. You will cooperate as fully as reasonably required by Kitbag, the SAFC Store, as the case may be, in defence of any claim. Kitbag, the SAFC Store reserves the right, at their own expense, to assume the exclusive defence and control of any matter and you shall not in any event settle any matter without the written consent of Kitbag, the SAFC Store.

Use of This Website

Kitbag reserves its right to restrict, suspend or terminate your use of this website or any of our services at any time if we believe, in our absolute discretion, that you have breached these Terms and Conditions.

You agree to indemnify, defend and hold Kitbag, all of their associate companies, their directors, employees, information providers, licensors and licensees, officers and partners, (collectively, the Indemnified Parties) harmless from and against any and all liability and costs (including, without limitation, legal fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions. You will cooperate as fully as reasonably required by Kitbag as the case may be, in defence of any claim. Kitbag reserves the right, at their own expense, to assume the exclusive defence and control of any matter and you shall not in any event settle any matter without the written consent of Kitbag.

Alterations

We may amend this website and our services in any way and at any time with or without notice to you.

Complaints and Comments

If you have any complaints or comments about our website or any of the products supplied to you, please contact Kitbag through the Contact Us section on the website. Alternatively, you can call us MondayFriday between 8am and 8pm local UK time. UK customers should call 0845 458 2748. Customers from outside the UK should call +44 (0) 845 458 2748.

Miscellaneous

The Terms and Conditions together with our Help Section and Privacy Policy contain the full and complete understanding between Kitbag and you. No advice or information, whether oral or written, obtained by you through or from the website or from any conversations with our staff will operate to vary these terms and conditions.

The Terms and Conditions together with our Help Section and Privacy Policy and all contracts made under them shall ensure for the benefit of any successors and assignees of Kitbag.

Email Service

In situations where Kitbag gives you the option to subscribe to its email service which will update you with news or information which it considers to be of interest to you, your use of the content received through the email service will be subject to these Terms and Conditions.

Limitation of Liability

To the fullest extent permitted by applicable laws, none of the SAFC Store or Kitbag nor any of their respective directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with the use of, or inability to use, the materials in and/or facilities or services offered through this website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, even if The SAFC Store and/or Kitbag have been advised of the possibility of such loss or damages or such loss or damages were reasonably foreseeable. If this clause is unenforceable in whole or in part in any jurisdiction due to relevant laws, then in no event shall Kitbags total liability to you for all damages, losses, and claims (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this website.

Save as set out in the final paragraph of this section, the aggregate liability of Kitbag (whether in contract or for negligence or breach of statutory duty or otherwise howsoever) to you for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed an amount equal to the value of those products and/or services which the customer has received or ought to have received from Kitbag under or in connection with this Website.

Nothing in these Terms and Conditions shall exclude the liability of Kitbag for death or personal injury caused by its negligence, or for fraudulent misrepresentation.

Disclaimer

This website and its contents are provided without any representations or warranties of any kind, either express or implied. Kitbag, the SAFC Store disclaim all representations and warranties, including by way of example but not limitation, as to fitness for a particular purpose, to the fullest extent permitted by applicable laws. In addition, Kitbag and the SAFC Store do not represent or warrant that the information and/or facilities accessible via this website are accurate, complete or current, or that this website will be free of defects, including, but not limited to, viruses or other harmful elements. The user of this website assumes all costs arising as a result of the use of this website.

General

Kitbag may assign or sublicence any of the rights or obligations to the customer under or in connection with these Terms and Conditions, or any of its other obligations to the customer without the customer’s prior written consent.

The use of this website, or the placement or delivery of any order to the customer by Kitbag shall not create a partnership, joint venture or similar relationship between Kitbag or Sunderland Football Club and the customer, and the customer shall not have the power to obligate or bind Kitbag or Sunderland Football Club in any manner whatsoever.

No waiver by either Kitbag of any breach by the customer of any of its obligations under these Terms and Conditions (including the provisions of the Help Section and Privacy Policy) and/or any order shall be valid unless in writing and any such written waiver shall not be deemed to be a waiver of any preceding or succeeding obligations owed by the customer to Kitbag.

Kitbag shall not have waived a breach of any obligations owed by the customer to Kitbag by virtue of any delay in enforcing its rights or by granting any time or allowance. Any waiver of a breach shall not also be a waiver of any later breach.

If any term or provision of these Terms and Conditions (including the provisions of the Help Section and Privacy Policy) and/or any order shall be held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Terms and Conditions (including the provisions of the Help Section and Privacy Policy) and/or the relevant order but the validity and enforceability of the remainder shall not be affected.

These Terms and Conditions (including the provisions of the Help Section and Privacy Policy) together with the terms of any order placed by the customer constitutes the entire agreement between the customer and Kitbag with regard to its subject matter and supersedes all prior communication, terms, representations (other than those made fraudulently), warranties, stipulation, whether written or oral between the customer and Kitbag.

The Customer acknowledges that Sunderland Football Club is an interested to party to the website and may enforce its rights under these Terms and Conditions (including the provisions of the Help Section and Privacy Policy) and/or any order under the Contracts (Rights of Third Parties Act) 1999.

Save as set out above, a person who is not a party to this Agreement shall have no rights under the Contracts (Rights of Third Parties Act) 1999 to enforce any term of these Terms and Conditions (including the provisions of the Help Section and Privacy Policy) and/or any order.

Governing Law

These Terms and Conditions and any contracts made under them are governed by and shall be governed and construed in accordance with the laws of England and Wales whose courts shall be courts of exclusive competent jurisdiction. We make no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Customers who access this website from locations outside the United Kingdom do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent that any local laws are applicable. Nothing in these Terms shall in any way be deemed to restrict or affect your statutory rights under English law.

We will notify users of any material changes to the Terms and Conditions by publishing a notice of such changes on the home page of this website. Your continued use of this site implies that you accept to be bound by any updated version of the Terms and Conditions.

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