Welcome to Everton Direct at www.evertondirect.com, Please read the following terms and conditions (the “Terms and Conditions”) carefully before using this website. By using this website or any sub-site accessible on this website, the user ("user" or "you") accepts, without limitation or qualification, the Terms and Conditions set out below and any additional Terms and Conditions set out in any sub-site. If you do not agree to these Terms and Conditions, you should exit the website.
Ownership and Operation
Everton Direct at www.evertondirect.com is operated by Kitbag Limited ("Kitbag" or “us”) and your contract is with Kitbag Limited. Kitbag is a company incorporated in England and Wales with company number 5933624 whose registered office is at 2 Gregory Street, Hyde, Cheshire, SK14 4TH. Kitbag’s VAT number is 125688644
You will need to register with Kitbag to place an order for products through this website.
In return for allowing you to use this website and benefiting from our services, you agree that any information you provide us about yourself at any time will be true, accurate, current and complete and that you will ensure that this information is kept accurate and up to date. If incorrect information is supplied, any contractual obligation Kitbag has is immediately null and void.
Conditions of Registration
If you are under 18, you must ask your parents or a guardian before you:
1. E-mail the website, or ask Kitbag to e-mail anything to you;
2. Send in any information to Kitbag;
3. Buy anything online
By continuing to use this website and any of the services offered, you are confirming that you have received the consent of your parents or a guardian. PLEASE NOTE that all minors are recommended to discuss these terms and conditions with their parents before they complete the registration process.
In situations where Kitbag gives you the option to subscribe to its email service which will update you with news or information which it considers to be of interest to you, your use of the content received through the email service will be subject to these Terms and Conditions.
These Terms and Conditions and any contracts made under them are governed by and shall be governed and construed in accordance with the laws of England and Wales whose courts shall be courts of non-exclusive competent jurisdiction.
Website Terms and Conditions
All content included on this website including but not limited to website design, text, graphics, audio clips, visual clips, logos, button icons and the selection and arrangement thereof is the property of Everton Direct, Kitbag or its content suppliers and is protected by UK and international copyright laws.
All software used on this website is the property of Everton Direct and Kitbag and is protected by UK and international copyright laws ALL RIGHTS ARE RESERVED. Permission is granted to electronically copy and to print in hard copy portions of this website for the purposes of placing an order with Everton Direct and using this website as a shopping resource only. Any other use of materials on this website including but not limited to reproduction for purposes other than those noted above, modification, distribution, transmission, broadcasting, republication, downloading or uploading without the prior written permission of Everton Direct is strictly prohibited.
Notification of Copyright Infringement
Kitbag will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement, please provide our Legal Department with a notice (“Notice”) containing the following elements:
· A physical or electronic signature of the person authorised to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
· A description of the copyrighted work or works that you claim have been infringed and which you request to be removed from the site;
· A description of the location of the material that you claim is being infringed;
· Information sufficient to permit Kitbag to contact you, such as your physical address, telephone number and e-mail address;
· A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorised by the copyright owner, its agent, or the law;
· A statement by you that the information in your Notice is accurate and that you are the copyright owner or are authorised to act on the copyright owner's behalf.
You can notify Kitbag of any claims of copyright infringement at the following address:
Attn: Legal Department
Kitbag and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Kitbag. All other trademarks, product names and company names or logos cited herein are the property of their respective owners. You are not permitted to use the Everton Direct Trademarks or Third Party Trademarks without the prior written consent of Kitbag or such third parties that may own the Trademarks.
For further information on intellectual property matters contact our Legal Department:
Attn: Legal Department
Content Supplied by Users
If you send communications or materials to this website by electronic mail or otherwise, concerning any comments, questions, suggestions or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material infringes any of your rights including without limitation moral rights, proprietary rights or any other right, including the right to approve the way in which Kitbag uses such material.
Any material submitted to this website, may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used on a royalty free basis by Kitbag anywhere in the world, in any medium, in perpetuity.
Amending the Terms and Conditions of Use
Kitbag may add to, change or remove any part of these Terms and Conditions at any time. When material changes are made to the Terms and Conditions, a notice will be published on the home page of the Kitbag website notifying users that such changes have been made. By continuing to use this website after the publication of such a notice, you are indicating your acceptance of those changes. Kitbag may add, change, discontinue, remove or suspend any other content displayed on this website, including features and specifications of products and services described or depicted on the website, temporarily or permanently, at any time, without notice and without liability.
Use of the Site
You agree that you will only use our website in a way which is consistent with the Terms and Conditions and which complies with applicable laws and regulations. In particular you agree that you will not use this website to upload or send any material which contains software viruses or other codes, files or programmes designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or in any other manner which would interfere with or disrupt this website. You acknowledge that this website and any goods that you obtain from our website are provided for your personal use only and may not be used for any commercial purposes or distributed commercially without our permission.
Kitbag may provide links to websites owned by Everton Direct and associated companies from time to time and/or websites that are owned by third parties that are not connected with Kitbag including other websites owned by Everton Direct. All links are provided for your convenience only. Access to websites that are owned by third parties is at your own risk and none of Everton Direct or Kitbag has any responsibility or liability for such third party websites.
Kitbag will use all reasonable endeavours to ensure that this website is fully operational at all times. However we cannot guarantee that the website will be fault free. In particular, access to this website may be interrupted or restricted to allow for emergency or routine repairs or maintenance to be carried out or the introduction of new facilities or services.
Further, by using this website and any sub-site, you acknowledge and agree that the Internet uses elements and relies upon services, input and facilities which are not within the control of Kitbag and if Kitbag is totally or partially prevented or delayed in the performance of any of its obligations in providing a particular service, such a situation will constitute a 'force majeure' and Kitbag shall be excused the performance for so long as such a situation endures.
For the purposes of these Terms and Conditions, the term 'force majeure' shall be deemed to include any cause affecting the performance by Kitbag of its obligations arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of Kitbag and in particular, but not by way of limitation, shall include strikes, lock-outs, other industrial action, actual or threatened terrorist action, civil commotion, riot, crowd disorder, invasion, war, threat or preparation for war, fire, technical or power failure, software, hardware or telecommunication or other network failures, interruptions, disruptions or malfunctions, explosions, storm, flood, earthquake, subsidence, structural damage, epidemic or other natural or physical disaster, any legislation, regulation, rule or ruling of government, court or any competent authority.
Kitbag reserves its right to restrict, suspend or terminate your use of this website or any of our services at any time if we believe, in our absolute discretion, that you have breached these Terms and Conditions.
You agree to indemnify, defend and hold Kitbag, Everton Direct, all of their associate companies, their directors, employees, information providers, licensors and licensees, officers and partners, (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, legal fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions. You will co-operate as fully as reasonably required by Kitbag, Everton Direct, as the case may be, in defence of any claim. Kitbag, Everton Direct reserve the right, at their own expense, to assume the exclusive defence and control of any matter and you shall not in any event settle any matter without the written consent of Kitbag, Everton Direct.
We may amend this website and our services in any way and at any time with or without notice to you.
Complaints and Comments
If you have any complaints or comments about our website or any of the products supplied to you, please contact Kitbag through the Contact Us section on the website. Alternatively, you can call us Monday-Friday between 8am and 8pm local UK time. UK customers should call +44 (0) 330 100 9878. Customers from outside the UK should call +44 (0) 330 100 9878
Limitation of Liability
To the fullest extent permitted by applicable laws, Everton Direct or Kitbag nor any of their respective directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with the use of, or inability to use, the materials in and/or facilities or services offered through this website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, even Everton Direct and/or Kitbag have been advised of the possibility of such loss or damages or such loss or damages were reasonably foreseeable. If this clause is unenforceable in whole or in part in any jurisdiction due to relevant laws, then in no event shall Kitbag's total liability to you for all damages, losses, and claims (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this website.
This website and its contents are provided without any representations or warranties of any kind, either express or implied. Kitbag, Everton Direct. disclaim all representations and warranties, including by way of example but not limitation, as to fitness for a particular purpose, to the fullest extent permitted by applicable laws. In addition, Kitbag and Everton Direct do not represent or warrant that the information and/or facilities accessible via this website are accurate, complete or current, or that this website will be free of defects, including, but not limited to, viruses or other harmful elements. The user of this website assumes all costs arising as a result of the use of this website.
We make no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Customers who access this website from locations outside the United Kingdom do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent that any local laws are applicable. Nothing in these Terms shall in any way be deemed to restrict or affect your statutory rights under English law.
Terms and Conditions of Purchase
Your order is accepted and a contract is formed when we dispatch the goods you have ordered and not before. For instance, a contract is not formed at the point when we take payment for the goods you have ordered, nor when you receive our confirmation of your order. Until the goods are dispatched we may reject, and you may cancel, the order.
Exceptions apply to orders for personalised items and goods made to your order which, in most cases, cannot be cancelled by you once you have received email confirmation of your order. Following formation of the contract we shall continue to own any goods ordered until we have received payment in full from you even though the goods may have already been delivered to you.
Any goods supplied will conform to the contract.
The Help Section tells you how to order and pay for products. It also addresses any questions you might have about delivery of your products, your right to cancel orders or return faulty products to us and our quality assurance.
Please note that any promotions/offers on the website cannot be used in conjunction with any other discounts.
Everton Direct reserves the right to decline orders for bulk or high value purchases and to change price and availability information without notice.
Pre-Ordering items from Kitbag
Kitbag will pre-authorise and charge for all pre-ordered shirts at the time the order is placed. The reason is to ensure that stock is allocated against your order and to provide sufficient time to pick, pack and customise the shirt (where applicable) in time for the launch date. It is also sometimes necessary for the customer to confirm details contained within the order.