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terms and conditions

By continuing to use evertondirect.com you agree that you accept the terms and conditions of use set out below. If you do not accept the terms and conditions, you must leave this site immediately.

Promotions - evertondirect.com reserves the right to withdraw any promotion, at any time without notification.

Home Kit Competition

Competition runs online and in store from 25 June 2014 until midday 14 July 2014. In order to participate in the competition, simply purchase any 2014/15 Home Shirt online from evertondirect.com or in store at Everton One or Everton Two and you will be automatically entered for your chance to win. Competition opens to participants over the age of 18. If you are younger than 18 you should obtain permission from your parents or guardian before entering the competition. Prize draw is not open to employees of the Promoters, their families, agencies and anyone to whom they are professionally connected. The prize is a 2014/15 Everton home shirt signed by the first team & 2 x hospitality tickets to the first Europa league home game of the season. Only one entry may be recorded per person. The winner will be randomly drawn from the competition entrants. The winners will be informed after the closing date of the competition, which will be 14/07/14. If the winner cannot be contacted, fails to confirm acceptance of the prize or cannot make use of the prize for any reason, the Promoters reserve the rights to select an alternative winner. The Promoters decision is final and no correspondence will be entered into. The prize is non transferable and no cash alternative will be given. The winner agrees not to sell, offer to sell or use the prize for any commercial or promotional purpose (including placing the prize on an internet auction site). The Promoters reserve the right to change, alter or withdraw the competition at any time. To the maximum extent permitted by the law, the Promoters shall not be liable for any claims or actions of any kind whatsoever for damages or losses to persons and property which may be sustained in connection with the receipt, ownership and/or use of the prize. The Promoter will use the information which you provide or which we obtain from our dealings with you, to administer the competition. We may also use it to tell you about our products and offers, and for market research including analysis and development of our products and customer relationships. Acceptance of the rules is a condition of entry and the entry instructions form part of the rules. If any of these terms and conditions are found by a competent court or other competent authority to be void or unenforceable, that term or condition shall be deemed to be deleted and the remaining terms and conditions shall continue in full force and effect. To enter offline with no minimum spend, send your name and address to The Evertondirect Customer Services, c/o Kitbag Ltd, Greengate, Manchester, England, M24 1FD. Only one entry per stamped mailed envelope. Bulk entries or entries sent through trade, consumer groups, agents or third parties will not be accepted. These terms and conditions shall be governed and construed in accordance with the laws.

Ownership and Operation

evertondirect.com (“this Site”, “the Store”) is the official online store of Everton Football Club and is operated by Kitbag Limited ("Kitbag", “we” or “us”). Kitbag is a company incorporated in England and Wales with company number 5933624 and whose registered office is at 2 Gregory Street, Hyde, Cheshire, SK14 4TH. Kitbag’s VAT number is 125688644.

Registration

You will need to register with Kitbag to place an order for products through the Store.

In return for allowing you to use this Site 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 will immediately become null and void.

Conditions of Registration

If you are under 18, you must ask your parent or a guardian before you:
  • email the website, or ask us to email anything to you;
  • enter any competition;
  • attempt to buy anything from the Store.
By continuing to use this Site and any of the services offered, you are confirming that you have received the consent of your parent or a guardian. We recommend that all minors discuss these Terms and Conditions with their parents before they complete the registration process.

Ownership of Materials

All content included on this Site including but not limited to website design, text, graphics, audio clips, visual clips, logos, button icons and the selection and arrangement thereof is owned by or licensed to Kitbag and is protected by copyright, trade mark and other intellectual property rights and laws throughout the world. You are permitted to display the materials on this Site on a computer screen and to download and print a hard copy for your personal use provided you do not alter or remove any copyright, trade mark or other proprietary notices.

You agree not to:

  • use any of the materials on this Site for commercial exploitation without Kitbag’s prior written consent;
  • establish a link to this Site from any other website, intranet or extranet site without Kitbag’s prior written consent;
  • do anything that may interfere with or disrupt this Site; nor
  • do anything that may infringe the rights of any other person.
For further information on intellectual property matters contact our Legal Department at:
PO Box 210
Manchester
England
M24 1YN

Content Supplied by You

If you send communications or materials to this Site 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 hereby 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 Site, 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.

Please note that this provision does not relate to any personal data that you submit which will be dealt with in accordance with the provisions of our Privacy Statement which is part of these Terms and Conditions (see below).

Privacy

Your privacy is important to us. Please see our Privacy Statement for details about what information we collect and how we will use and protect it.

Use of the Site

You agree that you will only use this Site in a way which is consistent with these Terms and Conditions and which complies with applicable laws and regulations. In particular you agree that you will not use this Site 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 Site. You acknowledge that this Site and any goods that you obtain from it are provided for your personal use only and may not be used for any commercial purposes or distributed commercially without our permission.

Purchasing Goods

The Help Sectiontells 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.

Kitbag reserves the right to decline orders for bulk or high value purchases and to change price and availability information without notice.

Multiple Promotions

Please note that any promotions/offers on the Site cannot be used in conjunction with any other discounts.

Pre-Ordering items from Kitbag

Kitbag will pre-authorise and charge for all pre-ordered items no more than 2 weeks prior to despatch. This is to ensure that stock is allocated against your order. It is also sometimes necessary for the customer to confirm details contained within the order.

Links

We may, from time to time, provide links from this Site to websites that are owned and controlled by third parties. These links are provided only for your convenience and we have no control over, and will have no liability in respect of, those websites.

Availability

Kitbag will endeavour to ensure that this Site is fully operational at all times. However we cannot guarantee that the Site will be fault free. In particular, access to this Site 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.

Kitbag reserves its right to restrict, suspend or terminate your use of this Site or any of our services at any time if we believe, in our absolute discretion, that you have breached these Terms and Conditions.

Indemnity

You agree to indemnify, defend and hold Kitbag and Everton Football Club, 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 and/or Everton Football Club, as the case may be, in defence of any claim. Kitbag and Everton Football Club 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, or Everton Football Club.

Alterations

We may update this Site and/or these Terms and Conditions from time to time. The amended Terms and Conditions will be posted on the Site and will become valid 30 days after the date it is first posted on the Site. Please check this page regularly for changes to this Terms and Conditions. Please be assured that we will not materially change any of our terms, conditions or practices to make them less protective of your information collected in the past without your consent where we are required by law to obtain your consent.

Complaints and Comments

If you have any complaints or comments about this Site or any of the products supplied to you, please contact Kitbag through the Contact Us/a> section on the Site. Alternatively, you can call us Monday-Friday between 8am and 8pm local UK time. UK customers should call 0845 458 2748. Customers from outside the UK should call +44 (0) 845 458 2748.

Miscellaneous

These Terms and Conditions together with our Help Section and Privacy Policy contain the full and complete understanding between Kitbag and you. No advice or information, whether oral or written, obtained by you through or from the website or from any conversations with our staff will operate to vary these terms and conditions.

The Terms and Conditions together with our Help Section and Privacy Policy and all contracts made under them shall ensure for the benefit of any successors and assignees of Kitbag

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.

Limitation of Liability

Kitbag will not be liable for any loss or damage (in contract, negligence or otherwise) where:
  • there is no breach of a legal duty of care owed to you by us;
  • the loss or damage is not a reasonably foreseeable result of any such breach; or
  • any increase in loss or damage results from a breach by you of these Terms and Conditions.
Nothing in these Terms and Conditions excludes or limits our liability for fraud or for death or personal injury caused by our negligence.

Disclaimer

This Site and its contents are provided without any representations or warranties of any kind, either express or implied. Kitbag disclaims 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 neither represents nor warrants that the information and/or facilities accessible via this Site are accurate, complete or current, or that this Site will be free of defects, including, but not limited to, viruses or other harmful elements. The user of this Site assumes all costs arising as a result of the use of this Site.

Governing Law

These Terms and Conditions are subject to English law and each of us hereby submits to the non-exclusive jurisdiction of the English courts save that Kitbag shall be entitled to commence and/or defend proceedings in any territory to protect its intellectual property rights or confidential information in that territory.