The Batting Labs Terms of Service
Last Updated: April 10, 2021
Please read these terms and conditions carefully. They may have changed since your last visit to this site. By using this site you are confirming your acceptance of these terms and conditions along with any changes we may make to these terms and conditions. You should not use this site if you do not accept these terms and conditions. The Batting Lab reserves the right to vary these terms and conditions in any way and at any time it sees fit.
- All our stated prices are in GBP Sterling and include VAT. When you place an order with us it will be accepted when we have successfully received payment from you. If we do not receive full payment then the order will not be confirmed or dispatched until the balance has been completed.
- All of our products displayed are subject to availability and we reserve the right to change any offers or prices at any time prior to accepting your order.
- We accept a variety of different payment cards which include Visa, Visa Electron, Switch, Maestro. Unfortunately, you are unable to pay in any other way via our online store. Alternatively, we can take payment details over the phone.
- When paying by card online you must state the name as it appears on the card, the cardholders address and the 3 digit security code on the reverse of the card. If any of these fields are completed incorrectly we will not be able to process your order.
- The Batting Lab provides a safe and secure online payment process and does not store any records of your credit card details. Orders placed on our website are done entirely at your own risk.
- If for any reason you are not satisfied with the goods we have provided you, we offer a 14 day period where you are entitled to a complete money-back guarantee or an exchange of item (not including postage fee), providing the goods are returned to us in the original packaging and that they have not been used in any way and that any further postage costs are met by yourself.
- Faulty goods – should you feel that you have received faulty goods, we will once again refund your money or offer you an alternative product upon inspection of the item if you return them within 14 days of receipt. This does not apply to faults caused by accident, neglect, misuse or everyday wear and tear.
- Please note that we are unable to exchange goods or give refunds after 14 days of receipt unless there is a fault with the product and the manufacturer agrees to replace it.
- Any information that you provide to us is used solely to verify your order and process your payment. We do not pass on your contact information to any other company. We may from time to time use your contact details to inform you of any special offers or new products that become available at The Batting Lab, however, we will give you the option to unsubscribe to any email literature that we send out.
- These terms and conditions do not affect your legal or statutory rights.
- All users have access to the public pages of this website without having to register any details with us. However, purchasing from our site is only accessible if you have first registered and then logged in (alternatively this can be completed during the checkout process).
- Our website has been designed and created with modern browsers in mind. Browsers are the programs you use to access the internet such as Chrome, Safari, Internet Explorer and Firefox. As such we do not support older browsers in particular Internet Explorer version 8 and below. As time goes by, older browsers will cease to be supported.
- It should be noted that having an up to date internet browser is vital for the security of using the internet and the security of your machine so, for your own benefit, please always keep your browser up to date.
- We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days a year. However, websites do sometimes encounter downtime due to the server and other technical issues. Therefore we will not be liable if this website is unavailable at any time.
- This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.
Links to and from other websites
- Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third-party websites or their content. We do not endorse third-party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to this Website, it is at your own risk.
- If you would like to link to this Website, you may only do so but subject to the following conditions:
- You do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
- You do not misrepresent your relationship with us or present any false information about us;
- You do not link from a website that is not owned by you; and
- Your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom.
- If you choose to link to our website in breach of any of the above you shall fully indemnify us for any loss or damage suffered as a result of your actions.
- We reserve the right to ask you to remove any link you may have to this website.
Photo Upload Agreement
- By uploading photos to the Site, you hereby grant us a perpetual, non-exclusive, irrevocable, worldwide, royalty-free licence to use, distribute, reproduce, modify, store, publish, transmit, transfer, create derivative works of, publicly perform and publicly display (in whole or in part) such photos on the Site and on Social Media.
- You acknowledge the possibility of users using your photos in a manner not permitted in this Agreement and that this is beyond our control. You agree you are solely responsible for pursuing users who are found to infringe your copyright.
- You will indemnify us and our directors and employees against any action, claim, damages, liability, costs and expenses (including but not limited to reasonable legal expenses) arising out of:
- any claims from third parties involved within the relevant photoshoot or the subject of the relevant photos;
- any claim that your uploaded photos infringe another’s third-party copyright, trademark, or any other intellectual property rights; and
- any breach of this Agreement, any breach of warranty under or in relation to this Agreement or any misrepresentation (whether innocent or otherwise).
- By uploading photos to the Site, you warrant and represent that you are the owner of the copyright of such photos or have the necessary licence to do so. We acknowledge that you or the copyright owner of such photos will continue to retain all intellectual property rights, including but not limited to the copyright, for such photos when uploaded to the Site.
- You warrant and represent that you have, where necessary, acquired (and can produce upon reasonable request by us) all necessary waivers, consents, releases, permissions and licences in connection with each photo uploaded, including but not limited to image consent, model consent or subject matter consent.
- You warrant that each photo uploaded to the Site does not depict subject matter in a manner that violates any laws or individual rights, or that the uploading was not done with the intent to harass, threaten, embarrass or cause distress, unwanted attention, or discomfort upon another person or entity.
- You warrant that each photo uploaded to the Site does not contain any disabling mechanism, virus or worm attached to it that could damage and disable the Site, its content, its services or facilities, or any other software or hardware.
- We may modify these T&Cs at any time and such modifications will be effective and binding as soon as they are published to the Site. By continuing to upload photos to the Site after these T&Cs have been modified, you agree to be bound by the modifications. You acknowledge and agree that it is your sole responsibility to acquaint yourself with the T&Cs and that you must review these T&Cs from time to time.
Exclusion of Liability
- Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website.
- Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law of the United Kingdom.