FAFC RETAIL (FORFAR ATHLETIC CLUB SHOP) TERMS AND CONDITIONS

GENERAL CONDITIONS This website www.fafcshop.com (“website”) is operated by FAFC Retail which runs the Forfar Athletic Club Shop. Throughout the site, the terms “we”, “us” and “our” refer to FAFC Retail.

The FAFC Retail online shop (“online shop”) is hosted on iZettle AB, Regeringsgatan 59, 111 56, Stockholm. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

FAFC Retail offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

PRODUCTS AND SERVICES We provide you with product information on the website which is correct at the time of publishing. If there is anything which you do not understand, or if you have any questions about any product please email us at [email protected]

Product images are for illustrative purposes only. Although we have made every effort to display colours accurately, we cannot guarantee that your device’s display of the colours accurately reflects the colour of the products. Your products may vary slightly from those images.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

We cannot offer any personalisation of replica kits or other items.

To avoid any issues during washing please follow washing instructions as seen in the garment care labels.

PRICING We make every effort to ensure that the prices on our website are correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable).

We reserve the right to amend any prices without any prior notice and at any time and the right to add or withdraw any product at any time.

All prices include Value Added Tax (“VAT”) where applicable. These may change in line with UK government, Customs and Excise, EU directives, and other legal interpretations issued by relevant authorities. Promotions and prices, you see in the FAFC Retail Club Shop at Station Park or at our partners Pendle’s online Shop do not necessarily apply to the online Club Shop, and vice versa.

Where we charge separately for shipping (packing and postage) and other relevant charges, the appropriate rates are set out in our relevant pricing structure shown elsewhere on this website.

Import duties and local taxes are NOT included in the quoted price of goods being delivered to outside the EU. When ordering from us you agree to pay any such Duties which may be imposed by your country's government. If you refuse to pay any Import Duty / Tax / VAT imposed and thereby prevent delivery of your order you will remain liable for the purchase price of the product/s and any Import Duty / Tax / VAT or penalty imposed by your government.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PLACING AN ORDER AND PAYMENT You are deemed to have placed an order with us by ordering via our online checkout process. Prior to checkout you must confirm you agree to these terms. All orders are subject to product availability. We will email you an order acknowledgement, detailing the products you have ordered.

Any order placed by you for goods advertised on our website is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion). Our acceptance of an order takes place when we ship the order or send you confirmation by email even if your payment has been processed immediately.

The contract is subject to your right of cancellation (see below).

You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Where we do not accept your order but have processed your payment, we will re-credit your account with any amount deducted by us from your debit or credit card as soon as possible, but in any event within 28 days of your order. We will not be obliged to pay any additional amount as compensation for disappointment.

Payment can be made by any of the options advertised on our website. Payment shall be due before delivery. If payment fails, your order will be cancelled. There will be no delivery until clear funds have been received.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

This online shop uses the latest security encryption to protect your personal information. When you enter your personal details in the checkout pages you are in a secure web site. Transactions also require the use of the security code (CV2) number from the back of your credit or debit card. This information is only available with physical access to the card and is not stored by the web site. We will take all reasonable care to keep the details of your order and credit card information secure but unless we have been negligent, we will not be liable for any losses you may suffer as a result of unauthorised access by a third party to the information transmitted by you when ordering products or services from the online shop.

To the extent that we are permitted by law to limit our liability to you in connection with any order, that liability will not exceed the total price charged for the relevant product(s).

PERSONAL INFORMATION Your submission of personal information through the store is governed by our Privacy Policy.

DELIVERY /COLLECTION FAFC Retail is run by volunteers and orders can only be fulfilled on certain days each week and while we will endeavour to process orders well within the timeframe below, some delays are inevitable. We shall not be liable for any delay that you may suffer in this regard.

In general, please allow up to 14 working days (Monday to Friday) for UK deliveries from the date of order. External circumstances affecting the mail service may extend this timescale.

For overseas mail orders please allow 28 days for delivery of your order, this will depend on certain countries local postal services. We reserve the right not to make deliveries outside the United Kingdom at any time.

We will deliver goods ordered by you to the address you give us for delivery.

We can only provide a collection service for items via the Club Shop during the normal Club Shop opening hours on home match days at Station Park. This collection service may be unavailable at certain times and we cannot arrange different collection / pick-ups even in the local Forfar area at anytime.

If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing, at our email [email protected], of the problem within 7 working days of the delivery of the goods in question.

With a missing parcel we will then provide you with the tracking reference number to trace the parcel, if the goods have left our facility the issue must be taken up with the delivery service.

CANCELLATION / RETURNS If you are a consumer, you have a legal right to cancel a contract during the period set out below. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a product, you can notify us of your decision to cancel the contract and receive a refund. Advice about your legal right to cancel the contract is available from your local Citizens' Advice Bureau or Trading Standards office.

However, this cancellation right does not apply in the case of any made-to-measure or custom-made products or products made to your specification or clearly personalised.

If an exchange or refund is required the items must be returned in their original condition, which includes any packaging within 14 days of receipt. Please include your contact name, email, postal address and telephone number together with the reason for return and any new requirements. RETURN TO: FAFC Retail, Forfar Athletic FC, Station Park, Forfar, Angus DD8 3BT

Return of items will be at your own cost and risk. We recommend you use a tracking service as we cannot be held responsible for items lost in the post. The goods are your responsibility until they reach Station Park.

We will refund the monetary value of the goods returned to us, at the price you purchased them. All refunds will be for merchandise only, we cannot refund shipping costs unless the item was sent in error.

Should you have any queries regarding a return then please contact us at:

E: [email protected] Or in writing to: FAFC Retail, Forfar Athletic FC, Station Park, Forfar, Angus DD8 3BT

YOUR RIGHTS These terms do not affect your statutory rights. THIRD PARTY RIGHTS These terms are not intended to give rise to any right which is enforceable by a third party by virtue of the Contracts (Rights of Third Parties) Act 1999.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall FAFC Retail, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION You agree to indemnify, defend and hold harmless FAFC Retail and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Scotland.

CHANGES TO TERMS OF SERVICE You can review the most current version of the Terms of Service at any time at this page.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

CONTACT INFORMATION Questions about the Terms of Service should be sent to:

In writing: FAFC Retail, Forfar Athletic FC, Station Park, Forfar, Angus DD8 3BT0

By email: [email protected]

These Terms and Conditions were last updated, and became effective, 10/05/2020