AMA-Zing Creations Limited, trading as ‘Trainer Trash’
Terms of Sale
-
These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide our products to you, how you and we may change or end our contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss. -
Information about us and how to contact us
2.1 Who we are. We are AMA-Zing Creations Limited, trading as ‘Trainer Trash’, a limited company registered in England and Wales. Our company registration
number is 13321064 and our registered office is at Reedham House, 31 King Street West, Manchester, Greater Manchester, M3 2PJ.
2.2 How to contact us. You can contact us in the following ways:
2.2.1 by email: sales@trainertrash.uk.
2.2.2 by post: Trainer Trash, PO Box 483, Alderley Edge, SK9 0HZ.
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your
order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails. -
Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract, which includes these terms, will
come into existence between you and us. We refer to this contract throughout these terms as our contract.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product(s). This might
be because the product(s) is/are out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an
error in the price or description of the product(s).
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order
number whenever you contact us about your order. -
Our products
4.1 Products may vary slightly from their pictures. The images of the products on our website, in catalogues, brochures or any other advertising are for illustrative
purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately
reflects the colour of the products. Your product(s) may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product(s) may vary from that shown in images on our website or in catalogues, brochures or any other advertising.
-
Your rights to make changes
You cannot make any changes to your order after we have accepted it, however you may in certain circumstances cancel your order and end our contract (see clause 8 –
Your rights to end our contract, below). If you have any questions about our products before placing your order please contact us to discuss these. -
Our rights to make changes
6.1 Minor changes to the products. We may change our products to implement minor technical adjustments and improvements or to correct any health and safety or
similar regulatory issues. These changes will not affect your use of the product(s). -
Providing the products
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website or otherwise notified to you (including by phone or email, if applicable) during the
order process.
7.2 Taxes and Import Duties: You will be responsible for the payment of any import duties or taxes which are payable in respect of your order or the products.
7.3 When we will provide the products. We will let you know when we will provide the products to you following our acceptance of your order and, in any case, will
deliver your order to you within 30 days of our acceptance of it. Please see our website for further details concerning our estimated standard delivery timescales.
7.4 Delays for which are not responsible. We will not be responsible for a delay which occurs due to the following reasons:
7.4.1 if our supply of the products is delayed by an event outside of our control, such as a postal strike or an “act of god” (e.g. a flood or earthquake). In this
case we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end our contract and receive a refund for any products you have paid for but not received; or
7.4.2 your failure to pay for the product, or late payment by you.
7.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your
letterbox (because they require signature, they are too big or for some other reason), you will be informed of how to rearrange delivery or collect the products from a
local depot.
7.6 If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange
delivery or collection we may end our contract, cancel your order and clause 10.2 will apply.
7.7 Your legal rights if we deliver products late. You have legal rights if we fail to deliver any products you have ordered within 30 days of our acceptance of your order (or any other period agreed by us in writing). If we fail to deliver any products you have ordered within 30 days of our acceptance of your order (or any other period agreed by us in writing), and any of the circumstances set out below apply, then you can either end our contract straight away (please see clause 7.9 for further information) or set a new delivery deadline (please see clause 7.8 for further information). The circumstances where this applies are:
7.7.1 we have refused to deliver the products;
7.7.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
7.7.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
7.8 Setting a new deadline for delivery. If we have failed to deliver any products you have ordered within 30 days of our acceptance of your order (or any other period agreed by us in writing) but either you do not wish to treat our contract as at an end straight away, or do not have the right to do so under clause 7.7 , you can give us a new deadline for delivery, which must be reasonable, and you can treat our contract as at an end (please see clause 7.9 for further information) if we do not meet the new deadline.
7.9 Ending our contract for late delivery. If you do choose to treat our contract as at an end for late delivery under clause 7.7 or clause 7.8 , you can cancel your order for any of the products, or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums, you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you must post them back to us as set out in clause 9 . We will pay the costs of postage. Please follow the steps set out in clause 9 to arrange your return.
7.10 When you become responsible for the products. A product will be your responsibility from the time we deliver the product to the address you gave us.
7.11 When you own products. You own the product(s) you have ordered from us once we have received payment in full for them.
7.12 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. We will ask for this information at the time that you place your order. If you do not provide us with this information, we may not be able to accept your order.
7.13 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
7.13.1 deal with technical problems or make minor technical changes; or
7.13.2 update the product to reflect changes in relevant laws and regulatory requirements. -
Your rights to end our contract
8.1 You can always end your contract with us. Your rights when you end our contract will depend on whether there is anything wrong with the product, how we are
performing and when you decide to end our contract:
8.1.1 If the product is faulty or misdescribed you may have a legal right to end our contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 11;
8.1.2 If you want to end our contract because of something we have done or have told you we are going to do, see clause 8.2;
8.1.3 If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any products.
8.2 Ending our contract because of something we have done or are going to do. If you are ending our contract for a reason set out at 8.2.1 to 8.2.3 below our contract will end immediately upon you notifying us in writing that you wish to end our contract and we will refund you in full for any products which have not been provided to you and you may also be entitled to compensation for losses actually suffered. The reasons are:
8.2.1 we have told you about an error in the price or description of the product(s) you have ordered and you do not wish to proceed;
8.2.2 there is a risk that supply of the products may be significantly delayed because of events outside our control; or
8.2.3 you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 7.7 ).
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within the ‘cooling off period’ and receive a refund under the Consumer Contracts Regulations 2013. The ‘cooling off period’ starts on the day you (or someone you nominate) receive the products (unless your products are split into several deliveries over different days, in which case it starts on the date you (or someone you nominate) receives the last delivery of the products) and ends 14 days after that day. -
How to end our contract (including if you have changed your mind)
9.1 Tell us you want to end our contract. To end our contract with us, please let us know by doing one of the following:
9.1.1 Email. Email us at sales@trainertrash.uk. Please provide your name, home address, order number, details of the order and, where available, your phone number and email address.
9.1.2 By post. Print off the returns form and post it to us at the address on the form. Or simply write to us at that address,
including details of what you bought, when you ordered or received it, your order number and your name and address.
9.2 Returning products after ending our contract. If you end our contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at Trainer Trash, PO Box 483, Alderley Edge, SK9 0HZ. Please email us at sales@trainertrash.uk for a return label. If you are exercising your right to change your mind you must send off the products within 14 days of telling us you wish to end our contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
9.3.1 if the products are faulty or misdescribed; or
9.3.2 if you are ending our contract where you have a legal right to do so, which may include where there has been an error in pricing or description of the products, a delay in delivery or because of something else we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return. Where we pay for the cost of return, please ensure that you use a return label provided by us.
9.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
9.5.1 we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;
9.5.2 the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
9.6 When your refund will be made. We will make any refunds due to you as soon as possible and in any event within fourteen (14) days from the date on which we receive the products back from you or, if earlier, you provide evidence that the products have been returned to us. Refunds will be made to the payment method originally used by you to make payment. -
Our rights to end our contract
10.1 We may end our contract if you break it. We may end our contract at any time by writing to you if:
10.1.1 you do not make any payment to us when it is due;
10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products to you;
10.1.3 you do not, within a reasonable time, allow us to deliver the products to you.
10.2 You must compensate us if you break our contract. If we end our contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking our contract. -
If there is a problem with the product
11.1 How to tell us about problems. If you have any questions or complaints about our products, please contact us using the contact details set out at clause 2.2.
11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with our contract. See the box below for a summary of your key legal rights in relation to our products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says products must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your products are faulty, then you can get an immediate refund.
b) Up to six months: if your products can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) Up to six years: if your products do not last a reasonable length of time you may be entitled to some money back.
See also clause 8.3 in respect of your right to change your mind.
11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage. Please follow the steps set out at clause 9 to arrange for a return of the rejected products. Please ensure that you use a return label provided by us. -
Price and payment
12.1 Where to find the price for the product. The price of the product will be the price indicated on the order pages of our website when you placed your order or, if you
place your order by phone or email, the price notified to you at the time you place your order. We take all reasonable care to ensure that the price of the product
advised to you is correct. However please see clause 12.2 for what happens if we discover an error in the price of the product(s) you order.
12.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end our contract, refund you any sums you have paid and require the return of any products provided to you.
12.3 How you must pay. The payment methods we accept are listed on our website and may be updated from time to time.
12.4 When you must pay. You must pay for the products before we dispatch them (and you will generally be charged for them at the point of purchase).
12.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.6 What to do if you think an invoice is wrong. If you think an invoice we have issued to you is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
12.7 We will pass on some changes in VAT. If the rate of VAT changes between your order date and the date we supply the product(s) to you, we may adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect. -
Purpose of our products and our responsibility for loss or damage suffered by you
13.1 The intended use of our products is to facilitate the safe washing of fabric trainers in domestic washing machines. Accordingly, the efficacy and safety tests
carried out on our products were limited to use of the products for this purpose. Use of our products for any other purpose will be at your own risk and we will not be
responsible to you for any loss of damage you suffer which arises from your use of our products for any purpose other than the washing of fabric trainers in domestic
washing machines.
13.2 Our products are not designed for the washing of high value items. Our products are designed for muddy trainers; not high end designer footwear. If you have any
trainers that are of significant value, we would recommend you seek specialist care when washing these and do not use our products.
13.3 Our product should be used in accordance with the instructions we provide to you. Any failure to follow the instructions we make available on our website or on
or with our product may impact the effectiveness and safety of our products. We will not be responsible to you for any loss or damage you suffer which arises from your
failure to follow our instructions regarding product use.
13.4 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer
that is a foreseeable result of our breaking our contract or our failing to use reasonable care and skill, but we 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 our contract was made, both we and you knew it might
happen, for example, if you discussed it with us during the sales process.
13.5 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our
negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2 and for defective products under the Consumer Protection Act 1987.
13.6 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
-
How we may use your personal information
How we may use your personal information. We will only use your personal information as set out in our privacy policy. -
Other important terms
15.1 We may transfer our contract to someone else. We may transfer our rights and obligations under our contract to another organisation. We will always tell you in
writing if this happens and we will ensure that the transfer will not affect your rights under our contract.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under our contract to another person if we
agree to this in writing.
15.3 Nobody else has any rights under our contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 If a court finds part of our contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority
decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
15.5 Even if we delay in enforcing our contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms,
or if we delay in taking steps against you in respect of your breaking our contract, that will not mean that you do not have to do those things and it will not prevent us
taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to
make the payment at a later date.
15.6 Which laws apply to our contract and where you may bring legal proceedings.
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring
legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of
the products in either the Northern Irish or the English courts.