Please read these terms of sale carefully.
You will be asked to expressly agree to these terms of sale before you place an order for products from our website.
Interpretation
In these terms of sale, “we” means TotalCombat (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
Order process
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps:
- you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout;
- if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details;
- once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to these terms of sale;
- you will then be asked for your payment details;
- we will then send you an initial acknowledgement; and
- once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
The only language in which we provide these terms of sale is English.
Before you place your order, you will have the opportunity of identifying whether you have made any input errors by viewing the checkout page. You may correct those input errors before placing your order by changing the details entered on the checkout page or by changing the products on the shopping basket.
The products
Our product range includes martial arts clothing, equipment, weapons and accessories. It also includes sport and fitness clothing and equipment. Note: if you order a weapon and it is not legal to have in your country and the product is seized by customs you are not entitled to a refund. As the customer is responsible for checking all legal requirements before purchase.
Training Accessories
Please note that all Training accessories are not for sale to people under the age of 18. By placing an order for one of these products, you declare that you are 18 years of age or older. These items are a practice training aid only and should not be used for contact training. Any damage incurred through misuse of this item is the sole responsibility of the customer and will invalidate its warranty and returns policy. As people use these products for contact with each other which we do not advise and if people do so it is of there own free will. If people do use these product for full contact. We do not know how long they will last and do not offer a warranty on them to not break. As one persons force is not the same as another person. Some payment methods will not be available for the purchase of training accessories (weapons).
Price and payment
Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product’s correct price will be stated when you pay for the product.
In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you pay for the product.
Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
The prices on the website include all value added taxes (where applicable).
Payment for all products must be made by credit / debit card or by PayPal.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
If you dispute any payment made to us you must contact us immediately and provide full details of your claim. If you submit an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of the charge-back:
- an amount equal to the amount of the charge-back;
- all third party expenses incurred by us in relation to the charge-back (include charges made by our or your bank or payment processor or card issuer);
- an administration fee of €10.00 (including VAT); and
- all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this paragraph (including without limitation legal fees and debt collection fees).
Without prejudice to our other rights, if you submit an unjustified credit card, debit card or other charge-back, then we may terminate any contracts between you and us under these terms of sale by giving you written notice of termination.
For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back.
Your warranties
You warrant to us that:
- you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
- the information provided in your order is accurate and complete;
- you will be able to accept delivery of the products;
- you are at least 18 years of age when purchasing weapons.
Delivery policy
We will arrange for the products to be delivered to the address for delivery indicated in your order.
We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within 7 days of the date of our order confirmation. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days of the later of receipt of payment and the date of our order confirmation. Customer is responsible for all shipping costs both ways.
Customs Charges
If you receive your customs charge and just refuse to pay the customs. Goods will be returned to store and a refund for goods only will be done. Shipping cost will not be refunded as goods where dispatched to courier and shipping has been used and must be paid.
Risk and ownership
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
- delivery of the products; and
- receipt by us of full payment of all sums due in respect of the products (including delivery charges).
We will be entitled to recover payment for the products even where ownership has not passed to you.
Clearance Items
All items sold in the clearance section of website will have an extra administration fee for returns. This fee can be updated with no due notice. Due to the products extra discount it is not possible to refund the shipping cost of these items and the customer is responsible for all shipping costs both ways.
Statutory rights
Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
Refunds
If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation. In some cases an administration charge will apply which can vary depending on items ordered and payment method used.
In the event of any alterations needing to be made to an item or items by the recipient and/or a third party working on behalf of the recipient, (this includes alterations to size, colour and any embroidery or similar customisation), please ensure that the correct item/s have been received, in a satisfactory condition, prior to any work being carried out. Failure to do so will prohibit the item/s in question being accepted for an exchange or a refund. Any items which you consider to be faulty must be returned to the UK warehouse before a full refund can be done.
Shipping Costs : Cost for shipping of all goods out and returns is paid for by the customer
Gift Vouchers and Credit Notes
Gift Vouchers and Credit Notes have an expiry date of 365 days after the date of issue and have a non-redeemable cash value.
TC Gold Club : By signing up to our gold club membership you agree to a 12 month contract in which there will be a monthly subscription. Collected on same day every month. After the 12 months ends if you wish to cancel your membership. You can do so at any time by sending us an email stating that you wish to cancel your membership. Once cancelled all discount codes will become inactive.
Limitations and exclusions of liability
Nothing in the terms of sale will:
- limit or exclude the liability of a party for death or personal injury resulting from negligence;
- limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party;
- limit or exclude any liability of a party under Section 12, 13, 14 or 15 of the Sale of Goods Act 1979 or Part I of the Consumer Protection Act 1987;
- limit any liability of a party in any way that is not permitted under applicable law; or
- exclude any liability of a party that may not be excluded under applicable law.
Any statutory rights which you have as a consumer, which cannot be excluded or limited, will not be affected by the terms of sale.
The limitations and exclusions of liability set out in this Section and elsewhere in the terms of sale:
- are subject to the preceding paragraph; and
- govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control.
We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
General terms
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section “Limitations and exclusions of liability” : these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
Note : These terms and conditions can be changed and updated without prior notice to anyone, and it is the updated terms & conditions that you are guided on. No matter what date or time you bought your items
Out of stock Items
At times items in the online shop marked as in stock. Might not be available due to store stock and online stock not matching up, due to damaged products or other reasons. If you order a product and it is out of stock. You will receive an email letting you know. You will have the option of a full refund or wait for the product to come back into stock or choose a similar item. If we do not get a reply back after a week we will take it that you want the item posted out once it is back in stock. Your order is than placed onto the Pre-Order list.
Pre-Orders
Once a Pre-order is made customer is agreeing to wait for products to come back into stock with our supplier. Once products are in stock with our suppliers they will post them direct to our customers. Our customer agrees that they cannot cancel a pre-order at any time. Pre-orders can take approx. four to twenty weeks to come into stock.