These SportEX Terms & Conditions are between you and SportEX and their affiliates ("SportEX", “we”, "us" or “our”) and they govern your and our respective rights and obligations.
Together with the below linked terms and notices (collectively, these "Terms"), they constitute the agreement between you and us related to your SportEX membership on the sportex.co.uk website (the "SportEX Website"). Please read these Terms carefully.
Please also see our Privacy Notice, our Cookies Notice and our Interest-Based Ads Notice.
1. THE SERVICE
SportEX is a membership program offering multiple benefits and services to its members as set out in these Terms (collectively “SportEX Service”).
SportEX collects the SportEX membership fee and is the seller of record of delivery and other nondigital benefits, and the seller of record of all other digital SportEX benefits.
If you sign up for an SportEX membership directly through us, you expressly request that we start providing you the SportEX Service within your 14-day cancellation period.
2. SPORTEX BENEFITS
2.1. SportEX Delivery Benefits and Eligible Purchases
SportEX members can benefit from a range of delivery benefits, including fast shipping or at a discounted price.
Products eligible for SportEX will be designated as such on the product pages. They are limited to certain products sold by SportEX on the SportEX Website.
SportEX delivery benefits depend on stock availability, order deadlines, and the delivery address.
Products with special delivery characteristics, such as heavy/bulky, oversized or containing hazardous materials, may be excluded. Some special product, order and/or handling fees, and/or taxes may still apply to eligible purchases.
If only some items in your order are eligible for SportEX, you will pay applicable delivery charges for the ineligible items. Changing or combining orders, or changing your shipping address, speed, or preferences might affect SportEX eligibility.
Detailed information on SportEX Delivery options and applicable restrictions can be found here.
2.2. Other Benefits
Your other SportEX benefits are described here.
3.1. Membership fees, models and duration
The current membership fees, the available membership models and duration of the SportEX Service are stated here. If you sign up for your SportEX membership through us, you will find details about the membership model you are subscribed to, the applicable membership fee and the next due date in Your Account. The SportEX membership fee is non-refundable except as expressly set forth in these Terms.
If you sign up for your SportEX membership through us, are billed by us and you do not notify us before the next due date of your membership fee that you want to end your membership at this date or cancel your membership in your SportEX customer account, we will automatically charge the then applicable periodic membership fee using your preferred payment method.
If your preferred payment method becomes invalid during your membership period, or if the charge is refused for any other reason outside our control, you authorize us to use any other payment method we have on file in your SportEX customer account. If all your payment methods on file are declined, you must provide us a new eligible payment method within 30 days or your membership will be cancelled.
If you signed up for your SportEX membership through a third party, and are not billed directly by us, the payment terms provided by the third party will apply to your membership.
3.3. Cancellation by you and refunds
If you signed up for your SportEX membership directly through us, you may cancel it any time by visiting Your Account and adjusting your membership settings. You may also contact customer service. If neither you nor anyone authorised by you to use your account has taken advantage of any SportEX benefits in the current membership period, we will refund this membership fee in full.
Otherwise you may be eligible for a partial refund of this membership fee based on benefits usage by you or anyone authorised by you to use your account in your current membership period.
If you signed up for your SportEX membership through a third party, you may need to contact the third party to cancel your membership or receive any refund under its applicable policies.
SportEX memberships redeemed through a promotional or gift code are not refundable.
3.4 14-day right of withdrawal
If you paid your membership fee to us as soon as you joined SportEX you may withdraw within 14 days. If neither you nor anyone authorised by you to use your account has taken advantage of any SportEX benefits in the current membership period, we will refund this membership fee in full.
Otherwise, we will issue you a partial refund based on use of SportEX benefits during that time by you or anyone authorized by you to use your account.
To withdraw within the 14-day period, you can adjust your membership settings in Your Account, contact customer service or you can use this cancellation form. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
3.5 Promotions and trial memberships
From time to time, we may offer certain customers specific trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional membership terms.
Trial and promotional members may at any time choose not to convert or continue to paid or non-promotional membership as set out in these Terms and in the promotional membership terms through Your Account.
3.6. Acceptance of membership
We reserve the right to accept or refuse your membership, to the extent permitted by applicable law.
3.7. No transfer or assignment of membership or benefits
You may not transfer or assign your SportEX membership or any SportEX benefits including promotion codes for SportEX memberships or benefits, except as expressly allowed in these Terms.
3.8. No resale, rental or shipping to customers
SportEX members are not permitted to purchase products for the purpose of resale, rental, or to ship to their customers or potential customers using SportEX benefits.
3.9. No minors
The SportEX Service is only available to end consumers aged 18 years or older.
We may terminate your SportEX membership with 14 days’ notice for convenience and will issue a prorated refund of your paid SportEX membership fee based on the time remaining in your current membership period.
We may terminate your SportEX membership immediately by notice if we consider that (a) your use of the SportEX Service materially breaches these Terms or any applicable law or (b) you fraudulently use or misuse the SportEX Service. In this case we will not give any refund. We will inform you of the termination of your SportEX membership and your right to appeal. You may terminate your SportEX membership at any time in accordance with Clause 3.3.
5. Agreement Changes
We may change these Terms or the SportEX Service, or any part of it, at any time: for legal or regulatory reasons; for security reasons; to enhance existing features or add additional features to the SportEX Service; to reflect advancements in technology; to make reasonable technical adjustments to the SportEX Service; and to ensure the ongoing operability of the SportEX Service.
If we make changes, we will inform you in due form and time about it and remind you of your rights. You will be able not to accept these changes and you will keep the possibility to cancel your SportEX membership at any time.
Regardless of any changes to these Terms or the SportEX Service, any increase in the applicable membership fee will not apply before the end of your current membership period. If any change is found invalid or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions
6. Our Liability
We are liable for any damage you suffer as a result of gross negligence or willful misconduct by us, including by our directors and legal representatives.
In addition, we are liable for breach of our obligations under these Terms which are essential for the provision of SportEX and which you rely on when joining SportEX. In this case, we are only liable for losses and damage that were foreseeable to both you and us when you joined SportEX.
Nothing in this paragraph affects your statutory rights as a consumer or limits our liability for damages from injury to life, body or health, for a breach of a guarantee or for fraudulently concealed defects. The Conditions of Use and Sale shall also apply.
7. Events Beyond our Reasonable Control
We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is non foreseeable and beyond our reasonable control.
8. Applicable Laws
These conditions are governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg (with the exception subject to the exclusion of its conflict of law provisions), and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If you are a consumer and have your habitual residence in the EU, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence. We both agree to submit to the non-exclusive jurisdiction of the courts of the district of Luxembourg City, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Use in Luxembourg or in the EU country in which you live. The
European Commission provides for an online dispute resolution platform, which you can access here: www.ec.europa.eu/consumers/odr. If you would like to bring a matter to our attention, please contact us.
9. Customer Service
For any additional questions, you may contact Sportex customer service.