Terms and Conditions
Welcome to endurasport.com (the “Website”). There are a few rules that our visitors must follow when using our Website, so we ask all our visitors to read our Terms and Conditions carefully.
This Website is brought to you by Endura Limited (“Endura”, or “we” or “us”) and all rights, including copyright, in the content of the Website is owned or controlled by Endura.
Endura and its affiliates provide access to the Website and sells its products to you subject to the Terms and Conditions set out on this page.
If you have any comments or queries relating to this Website, please use our Contact Us pages.
1. What do I agree to by entering the Website?
You are invited to use the Website on the basis of the Terms and Conditions of use set out below.
By entering the Website and using its Features (as defined below) you are deemed to have read and accepted these Terms and Conditions. If you do not accept these Terms and Conditions or any part of them, you should not enter or use the Website.
Endura may modify or update these Terms and Conditions from time to time. If you continue to use this Website after any changes, this means you agree to be bound by the modified Terms and Conditions.
If we do make a change to the Terms and Conditions we will post it at the top of this page, together with the date of the change, so you can easily find it.
2. The Features
The Website may offer the following features to you: purchase of products, competitions, prize draws, video clips, downloading of screensavers, desktops and sound files (the “Features”).
3. Conditions of Using Features on the Website
You agree to use the Features in this Website in good faith and in the spirit in which they are made available to you. In particular you agree:
a) not to send or resend any content which is obscene or vulgar, offensive, abusive, harmful, threatening, libelous, defamatory, invasive of another’s privacy, racially or ethically or religiously insulting or otherwise unlawful;
b) not to use Features on the Website for any purpose that is illegal or which is or may be damaging to the rights or interests of any User or other party;
c) if you or any other party has any issues or concerns with the content of any communications generated via the Website, you should contact the website moderator as soon as possible; and
d) that all Features will be used entirely at your own risk and Endura accepts no responsibility for any losses or consequences suffered by you as a result of your use of the Website.
If Endura is informed or has any reason to believe that any of the Features on our Website are being used by a user other than in accordance with these Terms and Conditions, Endura reserves the right to suspend or permanently prevent access by the user to the Features and shall have no liability to the user whatsoever in such event.
4. Sending Us Information
We are happy to receive from you any ideas, suggestions, graphics, mixes, pictures or anything else, but do please remember that, by sending us your submission (the “Material”) you will be deemed to have granted Endura (and any of its subsidiaries or associated companies) a perpetual, royalty-free, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in the Material. By submitting your Material to this site, you also warrant that:
a) you have the right to make it available to Endura;
b) the Material is not defamatory; and
c) the Material does not infringe any law.
You agree to indemnify Endura against all legal fees, damages and other expenses that may be incurred by Endura as a result of your breach of the above warranty. You also agree to waive any moral rights in the Material for the purposes of its submission to and publication on the Website and the other purposes specified above. You may not violate, plagiarise, or infringe on the rights of third parties including copyright, trade mark, trade secret, privacy, personal, publicity, or proprietary rights.
This means that all stories, mixes, comments, suggestions, ideas, graphics or other information sent to us can be used by us as we see fit. This includes using it for promotional, marketing or any other commercial purpose, whether in advertising, or in developing, manufacturing or marketing products. Under no circumstances are you entitled to any payment if we do use your Material for any purpose. So remember don’t send us your Material if you don’t want us to use it or the world to know it.
6. Website Content – Accuracy and Permitted Use.
Endura makes every effort to ensure that the content of the Website is accurate and up-to-date, but Endura does not offer any warranties (whether express, implied or otherwise) as to the reliability, accuracy or completeness of the information appearing on the Website.
Endura may remove material or features from the Website at its own discretion and without any notice.
You are permitted to use the material that is displayed on the Website from time to time only as expressly authorised by Endura.
This Website is intended to provide amongst other things, information relating to Endura products and is designed for personal, non-commercial use only.
You may not use this Website, or any of the material appearing on the Website from time to time to further any commercial purpose, including (but not limited to) selling on of any products purchased from the Website to eBay or any other auction site advertising or to promote or encourage traffic to any other website.
7. Copyright, legal statement and database rights
All content and compilation of such content together with all software included on the Website, such as text, graphics, logos, button icons, images and software, is the property of Endura or its subsidiaries, its affiliates or its content suppliers and is protected by UK, European and International laws.
You may not extract and/or re-utilise parts of the contents of the Website without Endura’s express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (either once or many times) for re-utilisation of any substantial parts of this Website. You also may not create and/or publish your own database which features substantial (e.g. our prices and product listings) parts of this Website.
Please also refer to our Legal Statement below.
8. Legal Statement
www.endurasport.com is a registered domain name of Endura Limited.
VAT Registration Number: GB 635 011 480
Registered office address: 3 Starlaw Park, Livingston, West Lothian, UK, EH54 8SF
Endura Limited is a registered data controller, registration no. SC128821
9. Intellectual Property Rights
You acknowledge and agree that all copyright, rights in data, databases, trade marks, names, images, logos and other intellectual property rights in the Website content, software and all HTML and other code involved in this Website (“Intellectual Property Rights”) shall remain at all times vested in Endura and that these are protected by copyright and other laws and international treaty provisions.
Users may not, other than in accordance with these Terms and Conditions, modify, copy, distribute, transmit, display, redistribute, transfer, or sell in whole or in part, the Website or any of the Intellectual Property Rights relating thereto, without first obtaining written permission from Endura to do so.
Nothing contained in this Website shall be construed as conferring by implication or otherwise any licence or right to use any of the Intellectual Property Rights displayed or subsisting on or in this Website other than in accordance with these Terms and Conditions.
10. Limitation of Liability
The Internet is by its nature an unreliable medium. Consequently, you accept that this Website is offered on an “as is” and “as available” basis.
While Endura takes all reasonable steps to ensure that the Website is properly functioning at all times, Endura does not warrant that this Website will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of software viruses or bugs or other defects.
Endura has no control over, and disclaims all responsibility for, any content you encounter, or events which may occur as a result of your use of the Features and Endura shall not be liable for any damages or other losses of any type whatsoever incurred by you as a result of your use of the Website or the Features.
Except in relation to liability for death or personal injury, Endura shall not be liable to you for any loss or damage you suffer as a result of visiting this Website or making use of the Features or information available on the Website. You must take your own precautions (including, but not limited to, installing adequate protective measures to guard against software viruses and ensuring that you retain up-to-date copies of all data) to protect yourself against loss or damage.
11. Governing Law
Your use of the Website, any purchase by you on the Website of any products and these Terms and Conditions will be governed by and construed in accordance with the laws of England and Wales and will be deemed to have occurred in England.
By accepting these Terms and Conditions and using the Website, you accept that any dispute under these Terms and Conditions or arising out of use of this Website shall be subject to the exclusive jurisdiction of the English courts and by using this Website you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.
By registering you agree to receive emails from Endurasport.com, and you can unsubscribe by using the links in the emails that we send.
Endurasport.com Accessibility Statement
New media technologies are always changing, but we are committed to making our websites accessible to people with visual, hearing or motor impairments.
We endeavour to be in line with the Equality Act 2010 requirement, which is WCAG 1 AA compliance.
The accessibility guidelines we follow include:
Allowing users to control text sizes.
Using an easy to read font type.
Ensuring suitable foreground and background colour contrast.
Identify the primary natural language of a document, and using clear and simple grammar.
Providing meaningful text equivalents for pictures.
Providing simple, consistent site navigation.
Ensuring the target of each link is clearly defined.
Providing a sitemap.
Providing navigational shortcuts for users of text only browsers and page readers. Included are Skip Links (RNIB tested) and WAI ARIA Landmark Roles (supported by JAWS 10, NVDA 2010.1 and Voice Over in iOS 4)
Using appropriate structural mark-up to maximise browser support.
Using a logical tab order through links, form controls, and objects.
Ensuring all content and functionality is available to users without content style sheet (CSS), image and script support.
Including default, place-holding characters in edit boxes and text areas.
Pressing the ‘Tab’ key on your keyboard will sequentially move focus through the elements on the web page you are viewing.
After a page loads pressing the ‘Tab’ key twice will bring focus to the keyboard navigation short cuts or “Skip Links”. Press the ‘Enter’ key to move the focus to one of the optional locations on the page.
Pressing 'Shift' and 'Tab' will move focus through the Tab Index in the reverse order.
Press 'Enter' to use the link or button you are focused on.
If you are focused in a text field , you will see the cursor inside it and you will immediately be able to start typing.
If you are focused on a select box (drop-down or list) use the up and down arrow keys to select an option then press the ‘Tab’ again to move out of the select box.
If you are focused on a radio button press ‘Spacebar’ to select it. You can also use the keyboard left and right arrows to move between the options in a set of radio buttons.
If you are focused on a checkbox press ‘Spacebar’ to select it.
The size of the text on the site can be adjusted through your browser's settings.
Internet Explorer Text size: from the 'View' menu in the browser select the 'Text Size' submenu and choose the size that you would like to change to.
Firefox Text size: from the 'View' menu in the browser select the 'Text Size' submenu and choose whether to increase or decrease the text size.
Alternatively you can Zoom in or out with the following keys.
'Ctrl' and '+' to Zoom In
'Ctrl' and '-' to Zoom out
'Ctrl' and '0' will reset the Zoom level to its default
Code - Markup & Style
We use the HTML5 Doctype and test our markup against the W3C validator, to ensure that the markup is well formed. 100% valid code is not a goal, but validation certainly helps to write more maintainable sites as well as debugging code. We do not guarantee code is 100% valid, but instead assure the cross-browser experience is fairly consistent.
We use CSS2 and CSS3 where appropriate, linked from external styles sheets to maintain the separation of structure and from style.
The site is tested on both PC and Mac and is fully functional in the following browsers:
Internet Explorer 9 and above
Firefox (latest version)
Chrome (latest version)
The site will be functional in older browsers however it should be noted that presentational elements may not be fully rendered, and rendering may downgrade gracefully.
Competition & promotional terms & conditions
1. You are the Intellectual Property Rights Owner of the content and agree to grant to us an irrevocable, royalty-free, worldwide licence to use the content on our digital channels (including but not limited to our social media pages as well as on YouTube and Spotify) and our websites.
2. You agree to our unrestricted use of the content in all our marketing and promotional activities worldwide without limitation.
3. The use of the content is entirely at our discretion and we may cease use of it at any time.
FREE LUMINITE GIFT PACK ON ORDERS OVER £60
- Spend sixty pounds sterling (£60), (the “Minimum Spend”) or more on any Endura product(s) in a single transaction at www.endurasport.com and receive one (1) Endura Luminite Gift Pack (the “Offer”). The Offer is governed by, and participants agree to be bound by, these terms and conditions.
- The Offer is redeemable against all Endura products offered online at www.endurasport.com.
- The Offer is valid from Monday 19th November at 0900 until Sunday 2nd December 2018 at 2400 (Midnight), whilst stocks of the free gift last.
- In order to redeem the Offer, go to www.endurasport.com and add Endura products to your online shopping basket. When the value of the Endura products in your shopping basket meets the Minimum Spend, you can then redeem the offer by completing your purchase. One (1) Luminite Gift Pack (the “Gift Pack”) will be added to the parcel by a member of our delivery team and the Gift Pack will be shown on your delivery note.
- The Gift Pack comes in two (2) sizes: S-M and L-XL. It is at Endura’s discretion to decide which size of of Gift Pack is added to the order.
- If you return your Endura order for whatever reason and your order total cost falls below £60.00, the Offer will cease to apply. You must therefore return your free Gift Pack with any returned item, or pay the RRP for Gift Pack (£23.99). Unless otherwise instructed, we will deduct the full price of the Gift Pack from the value of the item(s) returned to Endura. If the value of the item returned is less than the full price of the Luminite Gift Pack, you must pay the remaining balance, please contact our returns department on 01506 832491 to do so. Should you fail to return the Gift Pack using the pre-paid returns label, the cost of posting the Gift Pack will fall on you, the customer. Our full Returns and Delivery policies apply; please refer to these for full details.
- The Offer is not transferable and cannot be used for purchases at any other store, retailer or online store.
- The Offer may not be used in conjunction with other promotions.
- Endura Limited reserves the right to amend these terms and conditions or discontinue the Offer at any time.
- Endura shall at all times be free to substitute the Offer in accordance with clause 10 below.
- The Offer may be altered or varied at Endura’s sole discretion and substituted with an offer which, in Endura sole opinion, is a suitable alternative. Endura shall not be liable for any claims or complaints of any nature in respect to the Offer, to the fullest extent that this is permissible by law.
- The Offer is subject to availability. There are no cash alternatives and the Offer is not negotiable, transferrable or returnable.
- In any single transaction, you are only entitled to receive one (1) Gift Pack.
- No alternative product is offered and there is no cash alternative.
- The Offer cannot be exchanged for cash.
- Nothing in these terms and conditions shall affect your statutory rights.
- This Offer is only available to customers in the United Kingdom.
- The Offer shall be governed in accordance with the laws of England and Wales.
© Endura Ltd . All rights reserved.
Information about cookies
We use session cookies that allow you to be remembered within the website, so any page changes or item or data selection you do is recalled from page to page. This means that you don’t get asked the same information that you’ve already given to the site. These cookies are temporary and are erased when you close your browser at the end of your surfing session.
We use tracking cookies. These help us to remember your information and settings when you visit our website in the future. This results in a faster and more convenient access and may enhance your experience of services or functions we offer. These cookies remain on your hard drive until you delete them or they expire (they have varying expiry dates, going up to two years).
We also use web analytics cookies to help us understand what content is most useful to our visitors. They allow us to recognise and count the number of visitors and to see how visitors move around the site when they’re using it. This helps us to improve the way our website works, for example by making sure that users are finding what they need easily.
Our cookies do not keep personally identifiable information. None of the data we get from cookies will contain information that will enable anyone to contact you via telephone, email, or any other means.
Please visit www.aboutcookies.org to find out more about cookies.
USES MADE OF THE INFORMATION
We use information held about you in the following ways:
Information you give to us. We (and our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006) will use this information:
- to carry out our obligations arising from any online or offline contracts entered into between you and us and to provide you with the information, products and services that you request from us;
with your consent or as otherwise permitted by applicable law, to provide you with information about other goods and services we offer that are similar or complimentary to those that you have already purchased or enquired about;
- with your consent or as otherwise permitted by applicable law, to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. Where we contact you by electronic means for marketing purposes, we will only do so if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the registration form). You can also amend your preferences at any time. Please see the section ‘Marketing’ below;
- where you have provided your details to enable you to enter into one of our competitions, we will use the personal data you provide to process your entry into the competition and to communicate with you about this;
- to handle any customer service requests or other queries you communicate to us;
- to notify you about changes to our products or services;
- to ensure that content is presented in the most effective manner for you and for your computer or mobile.
Information we collect about you
We will use this information:
- to provide the information, products and services that you request from us;
- to administer our websites or applications and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to enable you to have a single customer account and identity with us;
- to ensure that content is presented in the most effective manner for you and for your computer;
- to allow you to participate in interactive features of our services, when you choose to do so;
- as part of our efforts to keep our websites and applications safe and secure;
- to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
- to make suggestions and recommendations to you and other users about goods or services that may interest you or them; and
- to allow us to receive feedback and conduct reviews of our products and services.
Information we receive from other sources.
We may combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).
LEGAL BASIS FOR PROCESSING YOUR INFORMATION
We will only process your personal data where we have a legal basis to do so. The legal basis will vary depending on the purposes for which we have collected and use your personal data. In almost all cases, the legal basis will be one of the following:
Consent: For example, where you have provided your consent to receive certain marketing from us. You can withdraw your consent at any time, including by clicking on the “unsubscribe” link at the bottom of any marketing email we send you. Please see the section, ‘Marketing’ below.
Our legitimate business interests: Where it is necessary for us to understand our customers, promote our services and products and operate effectively as a business, provided in each case that this is done in a legitimate way which does not unduly affect your privacy and other rights. For example we will rely on this legal basis when we conduct certain market analysis to understand our customers in sufficient detail so we can raise the profile of our products and services and create new ones.
Performance of a contract with you: For example, where you have purchased one of our products or our services and we need to use your contact details and payment information in order to process your order and deliver the products or services to you.
Compliance with law: Where we are subject to a legal obligation and need to use your personal data in order to comply with that obligation.
DISCLOSURE OF YOUR INFORMATION
We may disclose your personal data to the following third parties, for the purposes set out below:
Any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006, where these companies assist us in providing the services, administering our group operations or performing any of the tasks set out below;
- analytics and search engine providers that assist us in the improvement and optimisation of our websites and applications;
- third party customer management companies to enable you to have a unique customer identity with us which should enable you to access all our websites, applications and services with one single account and login details;
- credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you and
- our third party suppliers and professional advisors, who may need access to your personal data in order to provide services to us.
We may also disclose your personal data to third parties in the following circumstances:
- In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets.
- If Endura Ltd or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
WHERE WE STORE YOUR PERSONAL DATA
Whenever we transfer your information as described in the paragraph above, we will take steps which are reasonably necessary to ensure that adequate safeguards are in place to protect your personal data and to make sure it is treated securely and in accordance with this Privacy Notice. In these cases, we rely on approved data transfer mechanisms (such as the EU “Standard Contractual Clauses”) to ensure your information is subject to adequate safeguards in the recipient country. If you are located in the EEA, you may contact us for a copy of the safeguards which we have put in place to protect your personal data and privacy rights in these circumstances.
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our websites or applications, you are responsible for keeping this password confidential. We must not share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
We may collect and store personal data on your device using application data caches and browser web storage (including HTML 5) and other technology.
THIRD PARTY SITES
Our websites and applications may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link, please note that those websites and applications will have their own privacy policies and we do not accept any responsibility or liability for them. Please check their policies before you submit any personal data.
RETENTION OF YOUR INFORMATION
We take steps to ensure that the personal data that you provide is retained for only as long as it is necessary for the purpose for which it was collected. After this period it will be deleted or in some cases anonymised.
Where we have collected the personal data based on your consent and we have no other lawful basis to continue with that processing, if you subsequently withdraw your consent then we will delete your personal data.
MARKETING AND HOW TO UNSUBSCRIBE
You have the right to ask us not to process your personal data for marketing purposes. We will inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at Endura Ltd. 3 Starlaw Park, Livingston, West Lothian, UK, EH54 8SF or via our contact us form.
You can unsubscribe from our marketing emails at any time by clicking on the Unsubscribe link at the bottom of the email you’ve received. Should you experience any problems please call our Customer Services Team on +44 (0)1506 497749 who will assist you with unsubscribing from our database.
If you have asked us to stop sending emails and this hasn’t happened, it may be because the email address to which we are sending information is not the same as the address you sent your request from. Please check the address we are using and include this information in your request. The easiest way to do this is to return to us the whole of the unwanted email. The address we are sending to is included within the message.
DELETING YOUR ACCOUNT
You can close your account with us at any time by contacting our customer service team at the address above or contact form. If you choose to close your account, please note that you will no longer be able to access our website. We will delete the personal data associated with your account within a reasonable period, other than personal data which we have a need to retain for our internal business records (for example, data related to purchasing history).
Data protection law gives you certain rights in relation to your personal data. These include: the right to access information held about you, the right to object to it being used for certain purposes (for example marketing, as explained above), and the right to have personal data deleted, restricted and in certain cases to receive a machine-readable copy of your personal data.
If you would like to exercise your right of access, to the extent you cannot access your information by logging into your online account, please submit your request at the address below, or using the contact us page online. If permitted by applicable law, any access request may be subject to a fee to meet our costs in providing you with details of the information we hold about you. For information about how to request the deletion of your personal data, see the section on ‘Deletion’ above.
We will handle any request to exercise your rights in accordance with applicable law and any relevant legal exemptions. If you wish to exercise any of these rights please conduct us using the contact details below.
You may also have the right to complain to a data protection authority if you think we have processed your personal data in a manner which is unlawful or breaches your rights. If you have such concerns we request that you initially contact us (using the contact details below) so that we can investigate, and hopefully resolve, your concerns.
We take the privacy and security of your payment and personal details very seriously. Our site uses high-level SSL encryption technology from Globalsign, one of the most advanced security solutions currently available for online payments.
You can tell whether a page is secure as 'https' will replace the 'http' at the front of the www. endurasport.com in your browser address window. A small locked padlock will also appear in the bottom bar of your browser window.
E-commerce Terms & Conditions
Terms and Conditions of Sale - Ecommerce
Welcome to endurasport.com (the “Website”). There are a few rules that our visitors must follow when using our Website, so we ask all our visitors to read our Terms and Conditions carefully.
This Website is brought to you by Endura Limited (“Endura”, or “we” or “us”) and all rights, including copyright, in the content of the Website is owned or controlled by Endura.
Endura and its affiliates provide access to the Website and sells its products to you subject to the Terms and Conditions set out on this page.
If you have any comments or queries relating to this Website, please contact us.
Terms and Conditions of Sale
Please carefully read these Terms and Conditions before purchasing any Endura products on the Website. By purchasing Endura products on the Website, you agree to be bound by these Terms and Conditions.
1. Your Account
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when you registered.
The Website only sells products to individuals who can purchase with a credit card/debit card/PayPal. If you are under sixteen (16), you may use the Website only with the express permission and supervision of a parent or guardian.
Endura reserves the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel orders at its discretion. If we cancel an order, it will be without charge to you.
3. Our Contract
When you place an order to purchase a product from the Website, we will send you an email confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send an email to you confirming that we have accepted the order (the ‘Order Confirmation Email’). Such acceptance will be complete at the time we send the Order Confirmation Email to you. You are seeking to enter into a contract with Endura when you place an order.
This contract is legally binding when you have placed an order, your order has been accepted by us and we have sent you the Confirmation Email.
Endura will retain the title in the products until full payment has been made by you and has been received by Endura.
Endura reserves the right to hold any orders prior to shipping for security review. Endura only delivers its products to the locations listed on the Website. In the event that an order is placed for a delivery to a location where we do not deliver to the order will be cancelled and a refund processed.
4. Fraud prevention, fraud screening and age and identity verification checks
By confirming your order, including by taking the positive step of ticking the relevant box on our website, you will be indicating that you have read, understood and agree to these e-commerce terms and conditions and that you explicitly consent to your personal information being used by us, its third party service providers and Fraud Prevention Agencies (as further described below) for the following purposes. You should not confirm your order or tick the relevant box on our website unless you consent to this use of your personal information. If you have any questions at all about this, please contact us at [email protected] before you proceed with your purchase.
Your personal information including your full name and address, your bank account and card payment details and your sensitive personal data will be used for fraud prevention, fraud screening and age and identity verification purposes. This personal information may be disclosed to and used by fraud prevention agencies (“FPAs”) for all such purposes and those agencies may keep a record of it where permitted by applicable data protection legislation. This personal information will also be disclosed to third parties providing fraud prevention, fraud screening and age and/or identity verification services us.
As part of this, we may check the following records about you:
• our own records;
• records held by third parties providing services to us; and
• records at fraud prevention agencies (FPAs).
The checks described above may include assessing and verifying identities to prevent and detect fraud. The information we obtain from third parties providing services to us and FPAs will help us to decide whether we are willing to accept payments from you through our website(s) and whether to complete the payment process through our website(s).
As explained above, personal information about you may be sent by us to FPAs and recorded by them. In addition, we may give details of the payments you make to FPAs. All such information may be supplied by the FPAs to other organisations in order that they may perform similar fraud prevention, fraud screening and age and identity verification checks against you, including as part of online transactions and otherwise. Records remain on file for up to 6 years after checks are carried out.
If you give us false or inaccurate information about yourself and if we suspect fraudulent payments and/or identity fraud we will record this and may also pass this information to FPAs and other organisations involved in crime and fraud prevention. We and other organisations may access and use information which relates to you and which is recorded by FPAs in other countries.
This section constitutes a short form explanation about how your personal information may be used by us in conjunction with the FPAs. If you would like to obtain full details about this, please contact us at [email protected]
We will endeavour to deliver all products you have ordered within 30 (thirty) days from your Order Confirmation Email.
All products purchased from the Website are made pursuant to a shipment contract. This means that the risk of loss for such products pass to you upon our delivery to the carrier. If you have received your Order Confirmation Email but your products have not arrived within the time specified in the Order Confirmation Email, please contact us and we will do our best to assist. Note that during exceptionally busy periods (e.g. Christmas) or when the weather is particularly inclement please allow an additional day before raising a query.
All products purchased from the Website are made pursuant to a shipment contract. This means that the risk of loss for such products will pass to you when we deliver your product(s) to the address you gave us or you (or, in limited circumstances, a carrier organised by you) collects the product(s) from us. You will be responsible for the product(s) once they have been delivered in accordance with the delivery instructions. If you have received your Order Confirmation Email but your products have not arrived within the time specified in the Order Confirmation Email, please contact us and we will do our best to assist. Note that during exceptionally busy periods (e.g. Christmas) or when the weather is particularly inclement please allow an additional day before raising a query.
If your order has not been received within our specified timescales as further set out below, in the first instance please check with your local mail delivery office to see that they are not holding your parcel. If they confirm that they do not have your products, please contact us and we will do our best to assist.
6. Returns Procedure
You can only return to Endura products which have been purchased directly through this Website. If you purchased your Endura products at a retail store or from another websites the products must be returned to the original store or site which they were purchased from.
If for any reason you are not happy with your Endura products, please follow our Returns Procedure, so that we can assist you in the exchange or refund of your order. Endura reserves the right to reject the return of products which are not returned in accordance with our Returns Procedure and we may request that you pay for the shipping of such goods back to you.
Our Returns Procedure does not affect your statutory rights.
A. Returns or Exchanges
You may exchange or return new, unworn or unused products within thirty (30) days from the date on which the goods were shipped to you or, if the goods are under warranty and / or guarantee, in accordance with the warranty and / or guarantee terms on the Website applicable to your purchase. Where you wish to exchange a product, please note that you will only be able to exchange with a product of the same or less value than the original item you wish to exchange.
Please note: your right to exchange or return products is separate from your statutory right to cancel your order or to reject faulty goods (see below).
a) If you are returning goods for exchange or return, there will be no additional delivery charge.
b) We will not refund the original delivery charge in the case of exchanges or returns.
Please note: you will only be reimbursed the original delivery charge where you exercise your statutory right to cancel or to reject faulty goods as described below.
c) In the case of returns, you will only be refunded the value of the goods ordered.
d) We will only pay the return costs and subsequent re-delivery costs (if applicable) if the return is a result of our error or the goods are faulty.
B. Conditions for All Returns, Exchanges or Statutory Right to Cancel
All goods, except from those covered by a warranty and / or guarantee (which shall be returned in accordance with such warranty and / or guarantee), must be returned to us unused, together with all original packaging (please note you have a duty to take reasonable care of returned goods and any refund may be withheld or a charge incurred if you fail to take such care and damage the goods).
Please make sure that your return package is packed and sealed securely (in or with the original packaging if possible). Packages must be returned with the freight prepaid. We recommend the use of an insured parcel service, such as Royal Mail Special Delivery, as we cannot accept liability (or offer refunds) for any packages that are lost or goods that are stolen or damaged.
We will refund all monies received from you (including the outbound delivery cost) within fourteen (14) days of receiving the product(s) from you. Please note that if you have opted to deliver the product(s) back to us by more expensive means than the standard delivery option offered, you will not be refunded the full outbound delivery cost. We will only refund you the cost of the standard delivery option.
How do I return an item?
With your purchase of Endura products, you will receive a Delivery Note and a Returns Form. To return items to us, whether for exchange or return, simply fill out your Returns Form as instructed, include the Returns Form in the package and attach the label (including your Delivery Note number) to the outside of the package then post it back to us. If you do not have your Delivery Note or Returns Form, our Returns Team will be happy to send you electronic copies for you to print off at home. You can contact them by clicking here.
If you do not include the returns form with your returned items then refund of your order may be delayed.
C. Statutory Right to Cancel
If you are a UK or EU customer, in addition to our Returns or Exchange Procedure, you have fourteen (14) days (beginning the day after receipt of the goods) to cancel your purchase order under the Distance Selling Regulations.
These legal rights do not apply to non-EU customers.
Where you exercise your statutory right to cancel, we will provide a full refund on the price paid for the goods and the original delivery charge.
Where you fail to return the product(s) in question or you send them at our expense, or if our appointed courier collects the goods from you, we reserve the right to charge you for the direct costs incurred by us in collecting or returning the goods (other than where the goods have been sent to you in error or where such goods are faulty in which case, such costs shall be at our expense).
Where you exercise your right to cancel within fourteen (14) days, you should return the goods to us as soon as reasonably practicable. Please note: if we have provided any services as part of the purchase (e.g. products made to order or gift wrapping) and we have begun to provide these services before you have exercised your right to cancel, we shall not reimburse the costs of such services.
We will refund all monies received from you (including the outbound delivery cost) within 14 (fourteen) days of receiving the product(s) from you or within fourteen (14) days of you providing us with proof of return. Please note that if you have opted to deliver the product(s) back to us by more expensive means than the standard delivery option offered, you will not be refunded for the full outbound delivery cost. We will only refund you the cost of the standard delivery option.
How do I exercise my statutory right to cancel?
In order to exercise your right to cancel, please:
send an email to [email protected]; or
write to us at our address at the end of these terms;
making it clear in your correspondence that you are giving notice to exercise your statutory right to cancel.
Your email or letter will be deemed to have been received by us on the date you send it (provided it is sent to the correct address and it is sufficiently clear that you are exercising your right to cancel). Please try and keep the confirmation of any letter or email to demonstrate the date when you sent it.
If there are any discrepancies with your order, you must notify us as soon as possible. If you have been shipped the incorrect goods then please do accept our apologies. Please follow the Returns Procedure and on receipt of your order, we will reimburse the cost of returning them to us. Any replacements will be sent to you at no extra cost to yourself.
Please note that the return postage refund will be sent to the original payment method used to place the order. Please allow up to thirty (30) days for your refund to be processed.
7. Feedback and Complaints Policy
We welcome any comments about our service, so that we can improve what we are doing. Our aim is to deal with any problems quickly and fairly. If you have reason to complain about our service, please e-mail our Customer Services Team stating clearly that you are making a complaint. Alternatively, call us on the number stated on the Website and say that you wish to make a complaint. Our aim is to respond to your complaint within fourteen (14) working days, either resolving the complaint, or with a timescale for resolution.
8. Pricing and availability
All prices are quoted in Pounds Sterling and are inclusive of VAT unless otherwise specified. All item prices are exclusive of delivery charges. We list availability information for products sold by us on the Website, including on each product information page. Beyond what we say on that page or otherwise on the Website, we cannot be more specific about availability. Please note that shipping dates are estimates only. Unless otherwise stated, dispatch dates are not guaranteed and should not be relied upon. As we process your order, we will inform you by email if any products you order are subsequently found to be unavailable.
Despite our best efforts, a small number of the products on the Website may be mis-priced. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping the products or cancel your order and notify you of such cancellation.
When ordering products from the Website for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you as we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact the local customs office for further information. Additionally, please note that when ordering from the Website, you are considered the importer of record and must comply with all laws and regulations of the country in which the products are received. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our International customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
10. Disclaimer and limitation of liability
This Website is provided by Endura on an “as is” and “as available” basis. Endura makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on this Website. It is expressly agreed by you that your use of this Website is at your sole risk.
Endura disclaims all warranties, express or implied, including, but not limited to, implied warranties of saleability and fitness for purpose to the fullest extent permissible by applicable law. Endura does not warrant that this Website, its servers, or e-mail by us are free of viruses or other harmful components.
Endura will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Laws of certain countries or states do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
11. Electronic communications
When you visit the Website or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on the Website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
We are under a legal obligation to notify you that certain disputes can be settled by Alternative Dispute Resolution (“ADR”). The approved body to resolve disputes via ADR in our industry is The Retail Ombudsman. Alternatively, there is also an Online Dispute Resolution (“ODR”) Platform available here: //ec.europa.eu/odr
However, please note that settling disputes via ADR or ODR is not mandatory and we have not elected to resolve our disputes via ADR or ODR. This means that any dispute relating in any way to your visit to the Website or to products you purchase through the Website may be submitted to the courts of England and Wales, except that, to the extent you have in any manner violated or threatened to violate Endura’ intellectual property rights, Endura may seek injunctive or other appropriate relief in any court in any country in the world, and you consent to exclusive jurisdiction of such courts.
13. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our Website, policies, and these Terms and Conditions of Sale at any time. Your usage of the Website and your orders will be subject to the policies and Terms and Conditions of Sale in force at the time that you use the Website or that you order products from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of the provisions of these Terms and Conditions of Sale are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining conditions.
14. Events beyond our reasonable control
Endura will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
16. Governing law and jurisdiction
Your use of the Website, any purchase by you on the Website of any products and these conditions will be governed by and construed in accordance with the laws of England and Wales and will be deemed to have occurred in England. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.
Your statutory rights are not affected by these Terms and Conditions of Sale.
17. Our details
endurasport.com is owned by Endura Limited, 3 Starlaw Park, Livingston, West Lothian, EH54 8SF, United Kingdom