In General

Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website.

This Website also contains links to other websites, which are not operated by Outdoor Fun (the “Linked Sites”). Outdoor Fun has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at the Privacy Policy page. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Criminal Damage Act 1991 and the Criminal Justice (Theft and Fraud Offences) Act 2001. Outdoor Fun will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Delivery Information for further details.

In order to contract with Outdoor Fun you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Outdoor Fun retains the right to refuse any request made by you. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card

Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies

Payment

Upon receiving your order we may carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted.

Assembly of Products

All Outdoor Fun products are sold for self assembly except where we are requested to do so by the customer (a charge will apply for this service.) Outdoor Fun does not accept responsibility for poor assembly by the customer. This condition does not apply to bicycles as all our bicycles are assembled before delivery

Discount Codes

Promotional discount codes – We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website.

The conditions of use relating to any discount code will be specified at the time of issue.

These Terms & Conditions relate to all Outdoor Fun promotions, competitions and discount codes (unless otherwise stated).

Only one promotion code can be used per order

Selected brand exclusions may apply

A promotion code cannot be used after an order has been placed.

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Outdoor Fun and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Outdoor Fun’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trademarks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with Outdoor Fun and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Outdoor Fun.

Indemnity

You agree to indemnify, defend and hold harmless Outdoor Fun, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

Variation

Outdoor Fun shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise: the customer should contact us immediately with any complaints or comments.

Returns

We will only accept returns where we have dispatched the wrong items or if the goods are damaged in transit.  Goods returned for reasons other than stated above will:

• 1)  Be subject to a 25% restocking charge plus freight costs and a Credit Note / Refund  issued for the balance.
• 2)  Goods must be returned within 7 days for a full refund subject to conditions outlined in 1above.
• 3)  Goods returned after 7 days and up to 30 days will be subject to a Credit Note only ; after 30      days returned goods will not be accepted
• 4)  Credit will only be given for goods returned in their original packing and condition subject to any of the above
• 5)  Special order items ( eg out of season stock) may not be returned and will not be refunded.
• 6)  Assembled or used items may not be returned.
• 7)  A ” not fit for purpose ” claim must be supported with valid evidence outlining the reasons for such a claim.
• 8)  Because a customer doesn’t like  what she/he has purchased does not entitle them to a refund and will be entirely at the discretion of the suppliers.
• 9)  In certain circumstances goods returned may be refunded or exchanged and only at the suppliers discretion.
• 10) Ordering by phone, fax, email , online, you are deemed to have read and agreed to the Terms and Conditions .

All returns must be notified to Outdoor Fun within 7 days of receipt of goods. All claims / losses in connection with the goods must be made within 24 hours of receipt of goods and the customer hereby agrees that he / she is prohibited from making a claim otherwise. No claim shall entitle the customer to withhold any payment whatsoever from Outdoor Fun.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Governing Law and Jurisdiction

These terms and conditions are to be construed in accordance with the laws of the Republic of Ireland and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Irish courts.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Outdoor Fun. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Outdoor Fun.