Terms & Conditions
1. Introduction
1.1. The sale of “Kensington Tennis Club Ltd Ltd” branded products to you through this site (hereinafter referred to as the “Website”) is governed by these General Terms and Conditions of Sale. These General Terms and Conditions of Sale will tell you who Kensington Tennis Club Ltd are, how Kensington Tennis Club Ltd will deliver products to you, how Kensington Tennis Club Ltd may change the contract, what you should do if you have a problem and other important information. If you think there is a mistake in these General Terms and Conditions of Sale please contact Kensington Tennis Club Ltd to discuss.
The products offered on the Website (the “Products”) are sold directly by Kensington Tennis Club Ltd Ltd (hereinafter referred to as “Kensington Tennis Club Ltd”). Kensington Tennis Club Ltd is a company incorporated under English law, (London W11 4PU), UK, VAT Registration no.15116973, registered in England & Wales.
1.2. The purchase of goods via this Website and governed by these General Terms and Conditions of Sale are exclusively reserved to consumers (hereinafter referred to “you”). As a consumer you may only purchase Products from this Website if you are a natural person i.e. an individual, and are acting for purposes not related to any business, entrepreneurial, artisanal or professional activities. You may only purchase Products from this Website if you are over the age of 18 (or, if younger, authorised by your legal representative).
The resale or transfer of the Products purchased on the Website for any commercial or professional purpose whatsoever is expressly prohibited.
1.3. The Products offered for sale on the Website may only be delivered to an address in the United Kingdom (excluding Channel Islands). Unfortunately, Kensington Tennis Club Ltd do not deliver to addresses outside the UK.
1.4. These General Terms and Conditions of Sale and any contract between Kensington Tennis Club Ltd and yourself are only available in English.
1.5. The purchase of the Products is exclusively governed by the General Terms and Conditions of Sale published on the Website at the time of your purchase and in force at the time of the relevant purchase.
Kensington Tennis Club Ltd reserves the right to amend the General Terms and Conditions of Sale hereof at any time without notifying you. However, any amendments shall only be effective in respect of purchases made after the date the new version of the General Terms and Conditions of Sale are published online.
Where the General Terms and Conditions of Sale are replaced with a new version the previous version of the General Terms and Conditions of Sale will no longer be applicable, effective or enforceable in relation to any purchases made after such previous version is removed from the Website.
2. Product availability
2.1. You acknowledge that the Products offered by Kensington Tennis Club Ltd on the Website are limited in number and you are therefore aware that Kensington Tennis Club Ltd shall need to check their availability at the time of order. After placing your order, you will receive an e-mail from us acknowledging that we have received your order. At this point we will check availability and therefore please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described below.
2.2. Occasionally Products may be unavailable or partially available. This might be because the Product is out of stock, because of unexpected limits on our resources which Kensington Tennis Club Ltd could not reasonably plan for, because Kensington Tennis Club Ltd have identified an error in price or description of the Product or because Kensington Tennis Club Ltd is unable to meet a delivery deadline specified. In such circumstances, Kensington Tennis Club Ltd shall inform you promptly (and in any case within the deadlines specified below) by email that the order placed has been cancelled, and Kensington Tennis Club Ltd will not charge you for the Products.
In the event the order is only partially available, you will be informed about that. In such case Kensington Tennis Club Ltd will ask you if you either wish to receive the Products that are available or fully cancel the order.
2.3. Kensington Tennis Club Ltd reserves the right to vary the Products sold on the Website at any time, without any notice to you.
3. Purchasing process
3.1. Each Product offered for sale on the Website can be viewed by following a dedicated link displaying the Product photographic images, unit price, colours and sizes (as appropriate).
3.2. You may order as many products as you wish. The Products selected by you shall be placed into a special section (hereinafter referred to as the “Shopping Cart”). The Shopping Cart shall contain: a description of the Products, including details of any applicable measurements or sizes; and one or more digital photographic images clearly showing the Products.
3.4. The digital photographic images of the Products provided on the Website and the Shopping Cart are for illustrative purposes only. Although Kensington Tennis Club Ltd have made every effort to display colours accurately, Kensington Tennis Club Ltd cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
3.5. To view the Products selected and the total price of the purchase order, please visit the Shopping Cart page. The purchasing process allows you to check and amend any errors before submitting your order to Kensington Tennis Club Ltd. Please take the time to read and check your order at each stage of the purchasing process. Before confirming the relevant order (hereafter referred to as the “Order”), be careful to check the accuracy of the contents of the Shopping Cart and fill in the Order form in accordance with the instructions provided on the Website.
3.6. The purchasing process is completed as soon as you press the relevant final Order confirmation button (hereinafter referred to as the “Buy Now”), thereby validating your Order, which will be directly submitted to Kensington Tennis Club Ltd.
After pressing the Buy Now, the contents of the Order may no longer be modified by you.
3.7. Before confirming the Order, you are required to confirm that you have read and accepted these General Terms and Conditions of Sale. At the end of the purchasing process, you should save or print off the General Terms and Conditions of Sale for your records.
3.8. The purchasing process as set out in this paragraph 3 must be fully completed. Failure to do so will mean that the Order cannot be submitted to Kensington Tennis Club Ltd.
3.9. Kensington Tennis Club Ltd will use the personal information you provide to Kensington Tennis Club Ltd: (i) to supply the products to you; (ii) to process your payment for the Products; and (iii) if you agreed to this during the order process, to give you information about similar Products that we provide, but you may stop receiving this at any time by contacting Kensington Tennis Club Ltd. Kensington Tennis Club Ltd will only give your personal information to other third parties where the law either requires or allows Kensington Tennis Club Ltd to do so. Please see Kensington Tennis Club Ltd ‘s Privacy Policy for further details accessible on the Website.
3.10. Where you have registered to log in the reserved area of the Website you may check your Order status by logging in such area and accessing the ‘My Orders’ page.
3.11. You are aware that you are responsible for the accuracy and truthfulness of any data entered on the Website or otherwise used at the time of the purchase.
4. Execution of contract
4.1. Once you have confirmed your Order and pressed the Buy Now the Order is submitted to Kensington Tennis Club Ltd for processing and cannot be further modified or cancelled. The Order placed by you shall only be processed by Kensington Tennis Club Ltd if the entire purchasing process has been duly completed, without any error being reported by the Website. After placing your Order, you will receive an e-mail from Kensington Tennis Club Ltd acknowledging that we have received your Order. However, please note that this does not mean that your Order has been accepted. Kensington Tennis Club Ltd ‘s acceptance of your Order will take place as set out below.
4.2. Kensington Tennis Club Ltd ‘s acceptance of your order will take place when Kensington Tennis Club Ltd email you to confirm that the Products are available (“Confirmation Email”), at which point a contract will come into existence between you and Kensington Tennis Club Ltd.
The Confirmation Email shall be sent to the address you provide in the order form and shall set out a confirmation of the Order and a summary of the details of the Order, such as: the Product’s description and main features, the total order price, including any shipping costs, the address for complaints, information on after-sale services, on your right of withdrawal and its exercise.
4.3. Kensington Tennis Club Ltd reserves the right to not accept the Order placed by you, and you will not receive a Confirmation Order, in the following events:
a) the Products included in the Order are unavailable notwithstanding what is applicable to Pre-ordered Products;
b) there is a dispute between Kensington Tennis Club Ltd and you relating to a previous Order;
c) you breached the General Terms and Conditions of Sale on previous occasions or have not fulfilled your obligations arising therefrom;
d) Kensington Tennis Club Ltd become aware that you are purchasing the Products in order to resell them or sell them for commercial or professional purposes;
e) You have been involved in, or are suspected of, illegal or fraudulent activities.
In such events, Kensington Tennis Club Ltd shall inform you by email, within 30 days of the date of receipt of the Order, of the cancellation of the Orders received. In such case, no Order shall be deemed to have been accepted by Kensington Tennis Club Ltd.
4.4 In the event of partial availability of the Products, if you has selected the option to receive the entire Order as a whole, you will be asked if you either wish to receive the Products that are available or fully cancel the Order. If the cancellation is only partial, you shall only be charged for the price of the Products actually purchased.
You agree and accept to receive only the Products available, unless you have selected on the Website the option to receive the entire Order as a whole.
5. Price and Method of Payment
5.1. The prices of all Products offered for sale on the Website are inclusive of VAT or any relevant applicable local tax. If the rate of VAT changes between your order date and the date Kensington Tennis Club Ltd supply the Product, Kensington Tennis Club Ltd will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
5.2. The relevant prices shall be shown in Pound Sterling.
5.3. The total price displayed in the Shopping Cart includes shipping costs, which shall be indicated separately. In any event, Kensington Tennis Club Ltd shall seek your express consent to charge any additional cost.
5.4. The prices shown on the Website and displayed in the Shopping Cart section, upon confirmation by you of the Order by pressing the Buy Now, shall be charged to you, provided that the Products ordered are available in that moment. Kensington Tennis Club Ltd reserves the right to modify the prices of the Products offered for sale on the Website at any time without notice.
5.5. Kensington Tennis Club Ltd only accepts credit cards and the other payment methods expressly indicated on the Website.
5.6. For the purposes of credit card payments, you confirm and warrant that you are the owner of the credit card used for the purchase and the accuracy of all the relevant data entered at the time of purchase, such as: credit card number, expiry date and, if applicable, the security code.
Transaction amounts shall be charged to you only following:
(i) the verification of the credit card data, (ii) receipt from the company issuing the credit card used by you of the debit authorisation, and (iii) Kensington Tennis Club Ltd ‘s confirmation that the Product is available and, in any event, after the Order is ready to be processed.
For all Orders the total transaction amount will be charged for all Products at the time of the Confirmation Email – namely all those Products already available at the time you place your Order, and any Pre Ordered Products
5.7. For the purposes of payment through other payment service providers, you confirm and warrant that you are the owner of the account used for the purchase.
You shall only be charged the relevant transaction amounts after receipt of the Confirmation Email from Kensington Tennis Club Ltd.
5.8. The purchased Products shall only be shipped after due payment of the amount owed by you.
In the event you cannot be charged the amounts due for any reason whatsoever, the sale process shall be automatically terminated and the sale cancelled, and you shall be subsequently notified accordingly.
5.9. In the event one or more Products are unavailable and you have decided not to fully cancel the Order, you shall only be charged the price of the available Products and the possible related shipping costs.
6. Delivery
6.1. You will receive the Products separately as soon as they are ready for shipping, unless you have selected on the Website the option to receive the entire Order as one shipment. The Products shall be delivered to the address indicated by you in the Order. Your signature shall be requested upon delivery of the Products.
6.2. For security reasons, Kensington Tennis Club Ltd shall not process any order addressed to a post office box or accept any order that does not allow to identify the natural person held to be the recipient of the order and the relevant address.
6.3. The Products offered for sale on the Website may only be delivered to addresses in the UK as indicated above (paragraph 1.3). In light of the foregoing, any Order entailing delivery outside of the UK shall be automatically rejected upon processing of the Order.
6.4 The shipping costs shall be indicated expressly and separately from any other cost or expense upon completion of the filling in of the Order and prior to pressing the Buy Now.
6.5. In compliance with the applicable laws currently into force, the term within which Kensington Tennis Club Ltd is required to deliver the Products purchased is within 30 (thirty) days of the date Kensington Tennis Club Ltd accept your Order, with the exception of events of force majeure.
In every case in which the relevant Order refers to Pre Ordered Products the delivery date shall be longer than 30 days and Kensington Tennis Club Ltd shall deliver these Products at the estimated delivery dates or during the estimated delivery period as agreed with you, via the Product page description. You must examine the Products when you receive them.
6.6. In the event Kensington Tennis Club Ltd does not deliver the Products ordered within the above timeframe, you may request that Kensington Tennis Club Ltd deliver such Products within an additional time adequate to the circumstances. However, you have legal rights if Kensington Tennis Club Ltd deliver any goods late. If Kensington Tennis Club Ltd miss the delivery deadline for any goods, then you may treat the contract at an end straight away. If you do choose to treat the contract as at an end for late delivery under this paragraph, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that Kensington Tennis Club Ltd will refund any sums, you have paid to Kensington Tennis Club Ltd for the cancelled goods and their delivery. If the goods have been delivered to you, you post them back to Kensington Tennis Club Ltd. Please contact Kensington Tennis Club Ltd in accordance with paragraph 8.
6.7. Kensington Tennis Club Ltd shall have the right to split the Order into multiple shipments, according to the availability of the Products for delivery, and you will receive the Products separately upon their availability to be shipped, unless you have selected on the Website the option to receive the Order as a whole. Kensington Tennis Club Ltd may either charge you for the Products as and when these are shipped or as a single payment.
6.8. As soon as the purchased Product is shipped, you shall receive an email to the address indicated in the Order. Such email shall contain a shipment tracking code and an exclusive link that will allow you to real-time monitor the delivery.
Kensington Tennis Club Ltd ‘s Customer services team shall provide the assistance required for any potential problem relating to the delivery. You may contact Kensington Tennis Club Ltd by email at: info@kensingtontennisclubshop.com
6.9. You shall bear the risk of loss or damage to the Products from the moment in which you, or a third party appointed by you and other than the carrier, physically takes possession of such Products.
7. Product Conformity
7.1. At the time of delivery, you are required to check the Products in order to ascertain that they match the articles ordered and that they do not show any manufacturing defects or lack of conformity. The sale of “Kensington Tennis Club Ltd” Products is subject to the legal guarantees provided for under the applicable laws, as well as to any additional contractual warranties possibly provided to you.
7.2. In the event the Products delivered are of unsatisfactory quality, unfit for purpose or not as described, you shall be entitled to demand that the products conformity be restored either through fixing or replacement of the Product, free of charge, unless the remedy demanded is objectively impossible or excessively onerous compared to the other remedy. If any of the cases provided for by the law applies, you may request a reasonable reduction in price or the termination of the contract and subsequent refund of the purchase price paid. It is understood that you shall lose such right if you do not notify Kensington Tennis Club Ltd the lack of conformity of the Product within 5 (five) days of the date the defect was discovered.
7.3. In order to notify the existence of product defects and lacks of conformity and to demand one of the remedies listed above, you may contact Kensington Tennis Club Ltd at the addresses indicated in paragraph 12 below.
8. Returns and refunds
8.1. Products must be returned in the same conditions in which they were delivered. You must therefore ensure that the Products are intact and complete, that they have never been used, worn, washed, altered or damaged in any way, and returned in their original packaging, equipped with all the labels they were received with. In case a Product was provided with a security tag, the return of this Product will not be accepted if the original security tag has been removed, broken or damaged. Kensington Tennis Club Ltd shall check the packaging and conditions of each Product returned, being the substantial integrity of such Products an essential requirement for the exercise of the right of withdrawal.
8.2. Kensington Tennis Club Ltd reserves the right to reject the return of such Products that should result to have been damaged, deteriorated, stained or appear to be in a condition that unequivocally shows that they have been used for purposes other than for those verifications by you strictly necessary to ascertain the nature and features of the Product purchased. In the event the return is rejected, Kensington Tennis Club Ltd shall send a specific notice to you and shall consequently not proceed to credit the amount paid by you, reserving as well the right to claim compensation for any damage attributable to your behaviour.
8.3. Kensington Tennis Club Ltd shall refund any amounts due for the Products returned without undue delay and in any case within 15 days of the date on which Kensington Tennis Club Ltd becomes aware of the exercise by you of the right of withdrawal. In any event, Kensington Tennis Club Ltd reserves the right to withhold the refund either until receipt and verification of the Product or until proof by you that you have returned the product duly and in intact conditions, whichever occurs first.
8.4. The aforementioned refund shall be made by crediting the amount paid by you with the same payment method used for the purchase, unless otherwise expressly agreed by you and provided that no additional costs are incurred as a result of the refund. Kensington Tennis Club Ltd shall inform you by email of refund of the amount.
8.5. Kensington Tennis Club Ltd shall not be under the obligation to refund the delivery costs.
8.6. The return of Products under this section is only permitted in respect of purchases made on the Website.
9. Limitation of liability
9.1. If Kensington Tennis Club Ltd fail to comply with these General Terms and Conditions of Sale, Kensington Tennis Club Ltd are responsible for loss or damage you suffer that is a foreseeable result of Kensington Tennis Club Ltd breaking this contract or Kensington Tennis Club Ltd failing to use reasonable care and skill, but Kensington Tennis Club Ltd are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both Kensington Tennis Club Ltd and you knew it might happen, for example, if you discussed it with us during the sales process.
9.2. You agree not to use the Products for any commercial, business or re-sale purposes, and Kensington Tennis Club Ltd have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Kensington Tennis Club Ltd only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose Kensington Tennis Club Ltd will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.3. Kensington Tennis Club Ltd do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for: (i) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; (ii) fraud or fraudulent misrepresentation; (iii) breach of your legal rights in relation to the Products including the right to receive products which are: as described and match information Kensington Tennis Club Ltd provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and (iii) defective products under the Consumer Protection Act 1987.
9.4. Subject to paragraph 9.3, and to the extent permitted by law, our total liability to you in respect of all other foreseeable losses arising under or in connection with the General Terms and Conditions of Sale, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total price of the Products per Order.
10. Product authenticity and intellectual property rights
10.1. Kensington Tennis Club Ltd warrants the authenticity and high quality of all the Products offered for sale on the Website.
10.2. The “Kensington Tennis Club Ltd” trademark, as well as all the figurative and non-figurative marks and, more generally, all the other trademarks, illustrations, images and logos found on the “Kensington Tennis Club Ltd” products, relevant accessories and/or packaging, whether registered or not, are and shall remain exclusive property of the Kensington Tennis Club Ltd. The reproduction, in whole or in part, modification, tampering or use of such trademarks, illustrations, images and logos, for whatever reason and on any support, are strictly forbidden.
11. Disputes
11.1. The General Terms and Conditions of Sale hereof are governed by English law and shall be construed accordingly, without prejudice to any other imperative provision of law more favourable to the customer applicable in the country of habitual residence of the customer.
11.2. In the event of a dispute arising from the interpretation and/or application of the General Terms and Conditions of Sale hereof, the court of the place where you is domiciled or resident, if located in England shall have exclusive and mandatory jurisdiction. In the event that your domicile or residence is not located in England, you may, at your election, refer the matter either to the court of the place where you are domiciled or resident or to the English courts.
12. Contact details
12.1. For any complaint, additional information or assistance relating to the Website or to the purchasing process and, for any request for information and/or clarifications in respect of the General Terms and Conditions of Sale, you may send an email to the following address: info@kensingtontennisclubshop.com
13. Price and Method of Payment
13.1. The prices of all Products offered for sale on the Website are inclusive of VAT.
13.2. The total price displayed in the Shopping Cart includes shipping costs possibly applicable, which shall be indicated separately. In any event, Kensington Tennis Club Ltd shall seek the Customer’s express consent to charge any additional cost.
13.3. The prices shown on the Website and displayed in the Shopping Cart section, upon confirmation by the Customer of the Order by pressing the Buy Now, shall be charged to the Customer, provided that the Products ordered are available in that moment. Kensington Tennis Club Ltd reserves the right to modify the prices of the Products offered for sale on the Website at any time and without notice. Such modifications shall only apply to future orders and shall not affect orders which have already been placed by Customer.
13.4. Kensington Tennis Club Ltd only accepts credit cards, debit cards, Apple Pay and Google Pay payment methods as expressly indicated on the Website.
13.5. For the purposes of credit card payments, the Customer confirms and warrants that he/she is the owner of the credit card used for the purchase and the accuracy of all the relevant data entered at the time of purchase, such as: credit card number, expiry date and, if applicable, the security code.
Transaction amounts shall be charged to the Customer only following:
(i) the verification of the credit card data, (ii) receipt from the company issuing the credit card used by the Customer of the debit authorisation, and (iii) Kensington Tennis Club Ltd ‘s confirmation that the product is available and, in any event, after the Order is ready to be processed.
13.6. For the purposes of payment through other payment service providers, the Customer confirms and warrants that he/she is the owner of the account used for the purchase. Customers shall only be charged the relevant transaction amounts after receipt of the Confirmation Email from Kensington Tennis Club Ltd.
13.7. The purchased Products shall only be shipped after due payment of the amount owed by the Customer. In the event the Customer cannot be charged the amounts due for any reason whatsoever, the sale process shall be automatically terminated and the sale cancelled, and the Customer shall be subsequently notified accordingly.
13.8. In the event one or more Products are unavailable, the Customer shall only be charged the price of the available Products and the possible related shipping costs.
13.9. The data provided for credit card payment shall be treated as confidential and/or personal and shall be dealt with in accordance with the applicable European Union and applicable member state legislation.
14. Delivery
14.1. The Customers will receive the Products separately as soon as they are ready for shipping. The Products shall be delivered to the address indicated by the Customer in the Order. The Customer’s signature may be requested upon delivery of the Products.
4.2 If Kensington Tennis Club Ltd cannot deliver the Order for reasons that are not attributable to Kensington Tennis Club Ltd, Kensington Tennis Club Ltd ’s Customer services team will contact the Customer in order to arrange a new delivery. If, for these very reasons, the Order could not be delivered within eight (8) days following the date the Customer’s Order was available for the delivery, Kensington Tennis Club Ltd will assume that the Customer wants to withdraw from the contract. As a result of the withdrawal from the Contract, all payments that were received from the Customer, excluding shipping costs and any additional costs arising, shall be refunded and the contract has to be deemed as definitely terminated.
14.3 For security reasons, Kensington Tennis Club Ltd shall not process any order addressed to a post office box or accept any order that does not allow to identify the natural person held to be the recipient of the order and the relevant address.
14.4 The Products offered for sale on the Website may only be delivered to addresses in the UK, indicated above. In light of the foregoing, any Order entailing delivery outside of the UK shall be automatically rejected upon processing of the Order.
14.4. The Customer is subject to the application of shipping costs, such costs shall be indicated expressly and separately from any other cost or expense before completion of the filling in of the Order and prior to pressing the Buy Now button.
14.1. For any complaint, additional information or assistance relating to the Website or to the purchasing process and, in any event, for any request for information and/or clarifications in respect of the General Terms and Conditions of Sale hereof, Customers may send an email to info@kensingtontennisclubshop.com.
T&C Dated: 24 June 2024