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Terms and conditions of use and sale
This site is owned and operated by Mongoose Cricket Ltd. Registered office: Studio One, Utopia Village, 7 Chalcott Road, London NW1 8LH. Registered no. 6875905 (England).
Mongoose Cricket Ltd (hereafter "Mongoose Cricket") is the trading company for the Mongoose Cricket brand. If you want to ask us anything about these terms and conditions, or have any comments or complaints on or about our website, please email us at info@mongoosecricket.com.
Ownership of rights
All rights, including copyright, in this website are owned by Mongoose Cricket. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the prior written permission of Mongoose Cricket. You may not modify, distribute or re-post something on this website for any purpose.
Access to the website is permitted on a temporary basis. Mongoose Cricket reserves the right to suspend access to, or withdraw all or any elements of the website, and to restrict access to some parts to registered users only.
Mongoose Cricket shall have no liability for unavailability of the site. Mongoose Cricket reserves the right to make changes to the website at any time without notice. Should you wish to use any element of the website, please contact our Brands Team by emailing marcus@mongoosecricket.com.
Accuracy of content
Mongoose Cricket has taken every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. Orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website.
Your order constitutes an offer to us to purchase the goods. After placing your order, you will receive an acknowledgement by email from us that we have received it. Please note that this acknowledgement does not mean that your order has been accepted. When we accept your order, we will notify you by sending an email confirming that the goods have been dispatched. Your order is only deemed to have been accepted by us on dispatch of the goods from our factory.
All prices are displayed inclusive of VAT. In the case of incorrect price listing, where the correct price of an item is higher than that stated on the site, we will normally, at our discretion, either contact you prior to dispatch for instructions or reject your order and notify you of such rejection. We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery.
Mongoose Cricket’s liability
Mongoose Cricket & Sons Ltd takes appropriate technical and organizational measures to safeguard all personal data from loss, misuse, unauthorized access, disclosure, alteration, damage or destruction, and ensures that all such personal data is maintained pursuant to the Data Protection principles as set out in the Data Protection Act 1998.
We may disclose personal data as strictly necessary in connection with the sale or transfer of all or part of its business, or where required or permitted by law, or where we believe that such disclosures are appropriate in connection with a valid law enforcement request, or as otherwise permitted under the Data Protection Act 1998.
Mongoose Cricket warrant that goods purchased through the site will be of satisfactory quality and reasonably fit for the purpose for which goods of that nature are commonly supplied.
Mongoose Cricket's liability for losses you suffer as a result of a breach of the agreement is strictly limited to the purchase price of the goods and any losses which are foreseeable consequences of Mongoose Cricket breaching the agreement. Losses are foreseeable where they could be contemplated by the parties at the time your order is accepted.
The accuracy of the information contained in any of the materials on this website is not guaranteed or warranted. Mongoose Cricket shall not be liable for any reliance on any of the information on this site, nor liable to any person for any loss or damage, whether direct, indirect or consequential, which may arise from the use of any of the information contained in any of the materials on this website.
To the extent permitted by applicable law and save as set out in this clause, Mongoose Cricket:
(i) disclaims all warranties and conditions whether implied by statute, common law or equity as to the accuracy of the information contained in any of the materials on this website:
(ii) excludes any liability for losses which are not foreseeable and which are direct, indirect or consequential loss or damage and arise in connection with goods supplied or the site or in connection with the use, inability to use, or results of use, of the site or any website linked to it and any information and materials posted on it including (without limitation) any liability for loss of profits or contracts, and any other loss or damage of any kind howsoever arising and whether caused by tort(including negligence) breach of contract or otherwise.
Exclusions of liability
Any disclaimers and exclusions of liability in these terms and conditions shall not apply to any damages arising from death or personal injury caused by the negligence of Mongoose Cricket or any of its employees or agents, or fraud. These disclaimers and exclusions shall be governed by and construed in accordance with English Law. If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Computer viruses and defects
Mongoose Cricket makes every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that you screen out anything that may damage it. Mongoose Cricket shall not be liable to any person for any loss or damage which may arise to computer hardware or software as a result of using this website. By using this site, you undertake not to attempt to misuse it in any way, including but not limited to the introduction of viruses, or any other malicious or harmful material, hacking, denial of service attacks etc.
Password/account security
You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. Mongoose Cricket shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. You agree to accept full responsibility for all activities that occur under your account or password.
Availability
All items are subject to availability. Our system has been designed to only allow you to order products that we have in stock. However, in the event of an error and your desired product not being available, we will inform you by email within 10 days of receipt of your order.
Acknowledgment and acceptance of your order
We require an email address upon registration, and we will use this email address to acknowledge receipt of your order. Your order will not be confirmed as accepted by Mongoose Cricket until despatch of the product(s) ordered.
Delivery and charges
Orders placed via www.mongoosecricket.com can only be accepted from, and delivered to, residents from the UK. Please note that for our purposes, this includes England, Northern Ireland, Scotland and Wales and does not include the Channel Islands.
As Mongoose bats are custom-made, dispatch is usually within ten days of the order being received.
Delivery charges vary depending on the type of product ordered and the service you select. In accordance with the distance selling regulations, where you notify us of your cancellation of the contract (that is to say your intention to return the goods to us) within seven days from the day after receipt of the goods, and the full order is being returned to us, we will refund any delivery costs paid.
Cancellation right
Under the distance selling regulations you have the legal right to cancel your order within seven working days (a "working day" being Monday to Friday not including bank or public holidays) beginning the day after your receipt of the goods.You have a legal obligation to take reasonable care of the goods while they are in your possession.
To cancel your order, you must notify us immediately in writing (which includes email). You must also return the goods to us immediately, in the same condition in which you received them. Any goods returned must be unworn, complete with any gift with purchase, in their original packaging.
Please refer to our returns policy below for additional information regarding cancellation and faulty good returns.
Links to other websites
Mongoose Cricket may place links on this website to other websites we think you may want to visit. We do not vet these websites and do not have any control over their contents. Mongoose Cricket cannot accept any liability in respect of the use of these websites.
If you link to our home page you must do so in a way which is fair and legal and does not damage our reputation or goodwill. Any link must not be provided in such a way as to suggest any form of association approval or endorsement on our part where none exists.
Other Terms and Conditions
There may be terms and conditions on other areas of this website which relate to your use of this website, all of which will, together with these terms and conditions govern your use of this website. These additional terms and conditions include, but are not restricted to, terms and conditions specific to registering to receive information from Mongoose Cricket, our returns policy and our privacy policy.
It is your responsibility to read these terms and conditions. You will be required to tick a box to show that you have accepted these prior to completion of your order.
Changes to Terms and Conditions
We reserve the right to change these terms and conditions from time to time and recommend that you look through them on a regular basis.
Use of this website by consumers
The materials on this website are directed solely at those who are resident in, and who access this website from, the United Kingdom. We do not currently accept orders from or deliver to residents outside of the UK.
Mongoose Cricket makes no representation that any product, service or information referred to in the materials on this website are appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.
By placing an order through the site you warrant that you are at least 18 years of age.
Law, jurisdiction and language
This website, any content contained herein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English Law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
These terms and conditions do not affect your statutory rights.
Reviews, comments, communications and other content
Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of the content. Mongoose Cricket reserves the right (but not the obligation) to remove or edit any content.
If you do post content or submit material, and unless we indicate otherwise, you
(a) grant Mongoose Cricket and its affiliates a non-exclusive, royalty-free and fully sub-licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media
(b) grant Mongoose Cricket and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Mongoose Cricket, including the execution of deeds and documents, at the request of Mongoose Cricket.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to Mongoose Cricket: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Mongoose Cricket policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Mongoose Cricket and its affiliates for all claims brought by a third party against Mongoose Cricket or its affiliates arising out of or in connection with a breach of any of these warranties.
Returns Policy
Goods purchased online can only be returned using the procedure outlined below.
1. Statutory cancellation right
In accordance with the Consumer Protection (Distance Selling) Regulations 2000, you have seven working days starting from the day after receipt to notify us of your intention to cancel the contract with us (ie if you wish to return the goods that you ordered from us). A working day means Monday to Friday not including bank or public holidays. You will receive a full refund of the price paid.
If you wish to cancel the contract (ie return the goods to us) you must inform us in writing via our online returns procedure and must return the goods to us immediately in the same condition in which you received them and at your own risk. You have a legal obligation to take reasonable care of the goods while they are in your possession
If you cancel the contract in accordance with this provision we will process your refund as soon as possible and in any event within 30 days. Replacement goods must be ordered by placing a new order.
Goods can be returned to us free of charge. For details please email returns@mongoosecricket.com.
All goods must be returned to us unused and in their original packaging, complete with all labels. We recommend that you get proof of postage. The goods are your responsibility whilst in transit to us.
2. Faulty Goods
Without prejudice to your statutory rights.
If you think that your goods are faulty please email help@mongoosecricket.com with a telephone contact number and the nature of the fault and a Customer Agent will contact you to discuss the issue.
If you do return goods, we recommend that you get proof of postage from the Post Office as the goods are your responsibility whilst in transit to us.
On receipt of the goods and after inspection of the goods we will either:
- accept their return and refund the price of the goods plus postage
- if the items are found not to be faulty, return them to you at your cost
Please note that goods that have been used for more than three months will be considered by us to have undergone normal wear and tear (based on industry standards) and will therefore not be deemed “faulty” for the purposes of this procedure.
If on receipt of your parcel it is obviously damaged, please refuse to accept the parcel and our delivery company will return it to us. If you are out at the time of delivery and it is left according to special instructions and you find it to be damaged please contact help@mongoosecricket.com and quote your order number.
