Terms & Conditions
You can email our Customer Service team at: [email protected] or give us a call us on 0345 576 7686 from Monday to Friday 9am-5pm. Please note that all calls to Customer Services will be charged at the local rate (BT users only, other network charges may vary). Inbound and outbound calls may be recorded for quality monitoring and training purposes.
Please note that Osprey Action Sports uses Magento to process the purchases of all of the products on this website. Please see Magento’s terms and conditions for all policies on orders, payments, deliveries and returns.
1.3 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.
1.4 When you use certain Osprey Action Sports services please read the additional information provided with regards to such services as this information will provide you with full details on how to use such services.
1.5 Certain website services will require registration and subsequent access to those services will be subject to an approved login name and password ("Password Details"). Information that you provide on this website must be accurate and complete. All passwords details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your Password Details or become aware of any misuse then you must inform us immediately (see Contact Us for more information and full contact details).
1.6 You must be eighteen years old to use this site. If you are under eighteen, you may only use the site in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, please do not use the site.
2. The Order Process, Delivery, Payment and Returns
2.1 The online store accessed through this Site is operated by Magento, and orders placed through the store are fulfilled by local retailers or a back-up fulfiller who contract with Magento.
2.2 By ordering products through the online store, you understand and agree that you are not purchasing such products from Osprey Action Sports and that Osprey Action Sports is not responsible or liable in any manner for such purchases or your business dealings with Magento or the retailer fulfilling your order.
2.3 Any purchases you make through the store are governed by Magento's terms, conditions and policies, which you can access from their website. Such terms, conditions, and policies, and any obligations or representations associated with such purchases, are solely between you and Magento or the retailer fulfilling your order. We do not file details of your order for you to subsequently access directly on this website; therefore please print out these terms and conditions and the order acknowledgement, and confirmation for your own records. For more information please visit the Magento policy pages.
3. Intellectual Property
3.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
3.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
4. Liability and Indemnity
4.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
4.2 Subject to Section 8.1 above, Osprey Action Sports will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website Osprey Action Sports will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and Osprey Action Sports accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
4.3 Subject to Section 8.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
4.4 Subject to Section 8.1 above, Osprey Action Sports will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
4.5 Economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
4.6 Not withstanding the above, subject to Section 8.1 Osprey Action Sports aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
4.7 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
5. Miscellaneous Provisions
5.1 The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
5.2 We have selected our products on the basis that they will be used for domestic use only, if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item, nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.
5.3 Osprey Action Sports shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
5.4 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
5.5 You may not permit, create unauthorized framing of, or deep linking to, Osprey Action Sports, or the creation of derivative works thereof from any other website under your management or control.
5.6 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by Osprey Action Sports.
5.7 Osprey Action Sports reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
5.8 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
5.9 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except:
a) Wilton Bradley Limited (as defined below) shall have the right to enforce any rights or benefits under these terms and conditions;
b) Wilton Bradley Limited shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these terms and conditions;
c) A person who is a permitted successor or assignee under Section 9.8 above of the rights or benefits of these terms and conditions may enforce such rights or benefits.
d) No consent from the persons referred to in Section 9.9 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
6.0 No delay or failure by Osprey Action Sports to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Osprey Action Sports..
7.0 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and Osprey Action Sports relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and Osprey Action Sports for your use of this website.
8.0 Nothing stated in these terms & conditions or our other policy sections affects your statutory rights.
Osprey Action Sports recommends that you print out a copy of these terms and conditions for future reference. If you have any questions regarding the Osprey Action Sports website, please contact us using the details supplied on this website.
Registered Address: Wilton Bradley Limited, 8 Wentworth Road, Heathfield Industrial Estate, Newton Abbot, Devon, TQ12 6TL
Please note that the delivery date on all pre-ordered items is an estimated shipping date only, and may be subject to change. Due to any unforeseen events such as manufacturing delays etc. we cannot guarantee delivery dates for any pre-ordered items. Pre-orders are sold on a first come first served basis. Pre-orders are only charged when the requested items come into stock and the order is accepted. If due to any circumstances your order cannot be fulfilled, we will issue you with a full refund. You have the right to cancel your Pre-order, for more information regarding cancellations refer to Section 8 of the Osprey Action Sports Magento policies pages.