Terms and Conditions

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Please read before visiting the website: 

(‘the Site’). These Terms and Conditions apply to all visits and use of the Site, as well as to the Content (as defined hereafter), information, recommendations and/or services provided to you on or through the Site. This Site is operated by Spartan Fight Store and its subsidiaries and affiliates (collectively, “us”, “we” or “Spartan”). By accessing or using Spartan’s websites or services, or the mobile versions of either, (collectively the “Website”) you signify that you have read, understand and agree to be bound, without limitation, to these Terms of Use (“Terms of Use” or “Agreement”) and any other applicable law or regulation that applies to the Site, the Internet, and/or the World Wide Web, whether or not you are a registered member of Spartan. Spartan may change these Terms of Use at any time without notice, effective upon its posting to the Website. You agree to review these Terms of Use regularly to make yourself aware of any changes. Your continued use of the Website shall be considered your acceptance to the revised Terms of Use.
 

IMPORTANT NOTICE FOR AMATEUR ATHLETES

You are responsible for ensuring that your use of or participation in the activities of this Website does not affect your eligibility as an amateur athlete. Please check with your amateur athletic association for the rules that apply to you.

Spartan is not responsible or liable for your use of the website resulting in your ineligibility as an amateur athlete.

PRIVACY

Spartan is committed to safeguarding your privacy. The terms regulating the handling of personally identifiable information and other information by you in connection with the website is described in our Privacy Policy.

 

OWNERSHIP OF CONTENT

The Site is owned and operated by Spartan Management, a company registered in Ireland. All of the content featured or displayed on the Site (except for User Generated Content), including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by Spartan Management and its group of companies (herein after in this document ‘Spartan’), its licensors and/or its content providers. All elements of Spartan’ websites (except for User Generated Content), including, but not limited to, the general design and the content,text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights and is the proprietary property of Spartan; All rights reserved. Except as explicitly permitted by applicable copyright laws or under this or another agreement with Spartan, no portion or element of the Site or its Content may be copied, reproduced in any form or retransmitted via any means and the Site, its content and all related rights shall remain the exclusive property of Spartan or its licensors unless otherwise expressly agreed.

COPYRIGHT AND TRADEMARKS

COPYRIGHT

All copyright featured or displayed on the Site is owned by Spartan (except for User Generated Content). Except as may be otherwise indicated in specific documents within the Site, you are authorized to view, play, print and download documents, audio and video found on the Site for personal, informational, and non-commercial purposes only. Except as permitted by applicable copyright laws, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Site. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Site. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from material found on the Site.

In the event you download software (including but not limited to screensavers, icons, videos and wallpapers) from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Spartan. Spartan does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Spartan retains full and complete title to the Software, and all intellectual property rights therein. Except as permitted by applicable copyright laws, you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

 

TRADEMARKS

All trademarks, service marks and trade names of Spartan used herein (including but not limited to: the word mark “SPARTAN”, “the SPARTAN logo”, “the X solus device) are trademarks or registered trademarks of Spartan or its affiliates, unless stated otherwise. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Spartan trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without Spartan’s prior written consent. The use of Spartan trademarks on any other website or network computer environment, for example the storage or reproduction of (a part of) the Site in any external internet site or the creation of links, hypertext, links or deep links between the Site and any other internet site, is prohibited without the express written consent of Spartan.

 

DISCLAIMER OF WARRANTIES

Spartan is not responsible or liable for any user generated content or other content posted on the website or for any offensive, unlawful or objectionable content you may encounter on or through the website. The website, user generated content, content, and the materials and products on this website are provided ‘as is’ and except to the extent required by law, without any warranties of any kind, whether express or implied, including but not limited to, implied warranties of satisfactory quality, title, merchantability, fitness for a particular purpose and non-infringement, to the fullest extent permitted by law. The information on the site is for general information purposes only and does not constitute advice. Spartan cannot guarantee and does not promise any specific results from use of the website.
 

Spartan does not represent or warrant that the information and/or facilities contained in the site are accurate, complete or current, or that the site will be uninterrupted or error free, or that any defects in the site will be corrected or that the site or the server that makes the site available are free of viruses or any other harmful components. Except to the extent required by law, Spartan does not make any warrantees or representations regarding the use of the materials in the site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.
 

Spartan reserves the right to suspend or withdraw the whole or any part of the site at any time without notice without incurring any liability.

 

LIMITATION OF LIABILITY

Your use of the site is at your own risk. Where conditions and warranties implied by applicable law cannot be excluded, you herby waive and Spartan limits its liability to you or any person or entity where and to the extent it is entitled to do so. Otherwise, neither Spartan, nor any of its affiliates, officers or directors nor any of its agents or any other party involved in creating, producing or delivering the site will be liable for any direct, indirect, special, consequential including, without limitation, any losses, injury, or indirect, punitive, special, incidental or consequential damages whatsoever including loss of profits, loss of data, business interruption, loss of information or us, or other economic advantage, or other damages that result from the use of, or the inability to use, the materials on the site, including damages caused by viruses or any incorrectness or incompleteness of the information on the site, or the performance of the products purchased through the website or the conduct of other website users (whether online or offline) or attendance at a Spartan event or any user generated content, even if Spartan has been advised of the possibility of any such damages.
 

You are solely responsible for adequate protection and backup of your data and/or equipment used in connection with the website and, will not make and herby waive any claim against Spartan for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of the website.
 

No liability whatsoever (except as provided by law) will be accepted by Spartan for any direct or indirect loss or damage relating to delivery of products or the performance of products purchased through the website unless the same occurs because of the wilful act or default or negligence of Spartan, its servants, agents or contractors in which case liability is limited to at Spartan’s discretion to the replacement of products or the payment of the cost of having the products resupplied.

WEBSITE USE RESTRICTIONS

You may use the Content only for your own non-commercial use to participate in the Website or to place an order or purchase SPARTAN products. Any other use is prohibited unless agreed to by Spartan in writing. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Website, including User Generated Content (defined below), without Spartan’s prior written consent, unless it is your own User Generated Content that you legally post on the Website. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

 

SAFEGUARD YOUR USERNAME/PASSWORD

You are responsible for any actions that take place while using your SPARTAN account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Website. You agree to notify Spartan immediately of any unauthorized use of your Spartan account. Spartan is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.

 

USER GENERATED CONTENT

“User Generated Content” is communications, materials, information, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Website users publish, display, upload, disclose, transmit, store, share or otherwise make available (“post”) on or through the Website, except to the extent the content is owned by Spartan.
 

1. PoSpartan Rules: User Generated Content and User Conduct
 

Responsibility.
You are solely responsible for your User Generated Content, your interactions with other users and your activity on the Website. Do not take any action or post anything that may expose Spartan or its users to any harm or liability of any type.
 

Stay Constructive and maintain relevance.
Stay on topic and post only constructive comments and questions. Unless the Website feature asks for it, don’t talk about policies, future products, speculations or rumours about Spartan and Spartan products, or anything else off topic.
 

Stay Courteous and Appropriate.
Flaming and insults are prohibited. Do not post User Generated Content, or a link to a website, that, in Spartan’s sole discretion, is illegal, offensive, libellous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. Do not post photos or videos of another person without that person’s consent. Do not “stalk,” intimidate, abuse, harm or harass another Website user or person.
 

Utilising Private Information.
Do not post personal information, including your email address, IM address, or phone number. Do not collect or solicit personally identifiable information from other Website users or send unsolicited emails or other communications. Do not collect, use or post on the Website the private information of anyone else without their consent or for illegal purposes, including without limitation addresses, phone numbers, email addresses, social security numbers and credit card information.
 

Commercial Use.
The Website is not to be used for any commercial purpose. Do not post any advertising, solicitation or commercial content whatsoever on the Website or accept payment from a third party in exchange for your performing commercial activity on the Website. Do not post any User Generated Content that involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming.” Do not use automated scripts to collect information from, or otherwise interact with, the Website.
 

Misrepresentation.
Do not impersonate any person or entity, including without limitation athletes or Spartan employees. Do not misrepresent yourself, your age or your affiliation with any person or entity. Do not register for more than one Spartan account, register a Spartan account on behalf of another individual, group or entity, or sell or transfer your profile or account. Do not use or attempt to use another person’s account, username or password.
 

Licence Rights.
You promise that you own or control all rights in any User Generated Content that you post on the Website. You are responsible for ensuring that any User Generated Content that you post does not, and will not, infringe or violate anyone else’s rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights. You promise not to submit User Generated Content unless you are the owner or have permission from the owner to post such User Generated Content and grant Spartan all of the license rights granted in these Terms of Use.
 

Observe the Law.
Do not post any User Generated Content, take any action or use the Website in a way that violates any law, would create liability or promotes illegal activities. Do not take any action on the Website designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or the Website. Do not post User Generated Content that contains software viruses, programs or other computer code. Do not circumvent or modify any Website security technology or software.
 

2. General Rules for User Generated Content
 

Pre-screening of Content
Spartan does not guarantee to pre-screen User Generated Content. Spartan does not guarantee the Website will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. Spartan is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Website. Even in the event Spartan chooses to monitor any User Generated Content, Spartan assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. Spartan reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.
 

Eligibility and Registration
To become a member of the Spartan Website, or post User Generated Content, you must register for an account. You agree to provide accurate and current information about yourself in all registration forms on the Website. This Website is intended solely for users who are thirteen (13) years of age or older and it is a violation of these Terms of Use for anyone under 13 to register for the Website. You represent and warrant that you are 13 or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger. If you are between 13 and 18 years old, you must obtain your parent/guardian’s permission to register for the Website, post User Generated Content and purchase product through the website.
 

Rights to Your User Generated Content
Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to Spartan a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, change, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.
 

Complaints
Immediately notify Spartan in writing of any objectionable content appearing on the Website. Spartan will make good faith efforts to investigate allegations that any User Generated Content violates these Terms of Use but makes no promise that it will edit or remove any specific User Generated Content.
 

Copyright Infringement Complaints
We respect the intellectual property rights of others and we prohibit users from poSpartan on the Spartan Website any content that violates another party’s intellectual property rights. If you believe that your work has been improperly copied and posted on the website, please provide us with the following information:(1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorised to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Website the material that you claim is infringing is located;(4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf. These requirements must be followed to give Spartan legally sufficient notice to Spartan of infringement. Send copyright infringement complaints to:
 

info@spartanfightstore.com
 

Mobile Services
The Website contains services and features that are available to certain mobile phones. Your carrier’s normal rates and fees apply. If Spartan charges you for a mobile service, you will first be notified and asked to accept any charges. Not all mobile services will work with all carriers or devices. You should check the rates and services offered by your carrier. By using Spartan’s mobile services, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.
 

Published Activity
Spartan allows you the option to publish about the actions you take on Spartan’s Website to Facebook, Twitter and other social platforms. Spartan does not control which information gets disseminated on participating social platforms. You agree to allow Spartan to check your Spartan cookies when you are visiting participating social platforms, and allow Spartan to receive information about your use of those social platforms. You can deactivate this publishing feature on your profile page.
 

Indemnification
You agree to indemnify, defend, and hold harmless Spartan, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Website, your conduct in connection with the Website or with other Website users, or any violation of these Terms of Use, any law or the rights of any third party.
 

Links to third parties
For your convenience and to improve the usage of the Site links to third parties are inserted. These links take you outside Spartan’ service and off the Spartan Site and are beyond Spartan’ control. This includes links to partners that may use Spartan’ logos as part of a co-branding agreement. However, even if the third party is affiliated with Spartan, Spartan has no control over these linked websites, all of which have separate terms and conditions and privacy and data collection practices, independent of Spartan. Spartan seeks to protect the integrity of its Website and the links placed upon it and therefore requests any feedback about the website and for websites it links to as well. Please review the privacy policy of any third-party website that you have linked to from the Website before you use such third-party website. Spartan is not responsible and cannot be held liable for the content and activities of these sites. You therefore visit/access these sites entirely at your own risk. Please note that these other sites may send their own cookies to users, collect data or solicit personal information.
 

Misuse of the Site
You are prohibited from using the Site to post or transmit, any infringing, threatening, false, misleading, inflammatory, libelous, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal material or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using the Site to advertise or perform any commercial solicitation.
 

Participation Disclaimer
From time to time Spartan makes it possible to view and distribute content generated by you, for instance through e-postings and sending postcards to others persons. If you make use of this you acknowledge that Spartan only acts as a passive conduit for the distribution and is not responsible and liable for the content of the communications and materials generated by you or other users. Spartan reserves the right at its sole discretion to block or remove any communications and materials it believes is not in accordance with these Terms and Conditions, or is otherwise unacceptable to Spartan.
 

User Interaction Disclaimer
You are solely responsible for your interactions with other Website users, whether online or offline in person. Spartan is not responsible or liable for any loss or damage resulting from any interaction with other Website users or persons you meet through the Website. You agree to take reasonable precautions in all interactions with other users on the Website, whether online or offline, and conduct any necessary investigation before meeting another person. In addition, you agree to review Spartan’s Privacy Tips prior to using this Website. Spartan is under no obligation to become involved with any user dispute, but may do so at its own discretion.

 

MISCELLANEOUS

Application of Spartan’s Terms and Conditions of Trade
These terms and conditions are subject also to Spartan’s standard Terms and Conditions of Trade (annexed as Schedule 1) to the extent possible.
 

Unsolicited ideas
Spartan maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials whether consisting of texts, images, sounds, software, information or otherwise (the “Materials”) from persons external to Spartan. You should therefore not post any Materials on the Site or send these to Spartan by e-mail or otherwise.
 

How you can contact us
If you have any questions or comments about the Site or any of our services, please write to us: info@spartanfightstore.com
 

Changes to the terms
Spartan reserves the right, at its discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Site following the posting of changes to these terms (including the Privacy Policy) will mean you accept those changes.
 

Product Orders
All orders placed through the website are subject to Spartan’s acceptance, which is in its sole discretion. Without limitation, this means that Spartan may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. If your credit card, or Spartan trading account has already been charged for an order that is subsequently cancelled, Spartan shall issue a credit to your credit card or Spartan trading account
 

Product Customisation
While we accept most customisation options & wording, we cannot honour every one. Some may contain other trademarks, or the names of certain professional sports teams, athletes or celebrities that Spartan does not have the right to use. Others may contain material that we consider inappropriate or simply do not want to place on our products. Unfortunately, at times this obliges us to decline orders for customisation that may otherwise seem unobjectionable. If your order for customization is considered unacceptable, your order will be cancelled and refunded and you will be notified via email. Spartan reserves the right to cancel any customisation order after they have been submitted.
 

Applicable Law and Jurisdiction
These Terms and Conditions shall be exclusively governed by the laws of Ireland. If any portion of these Terms and Conditions become void, it will not affect the validity and enforceability of the remaining provisions. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable. The void part will be replaced by provisions that are valid and have legal effect.
 

Termination
Spartan reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Website for any or no reason, without notice, and without liability to you or anyone else. Spartan also reserves the right to block users from certain IP addresses and prevent access to the Website. You may terminate your account at anytime by clicking the “deactivate account” button in the Account Settings. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Website, or on other social platforms (e.g., Facebook and Twitter), may continue to appear on the Website or on other social platforms even after your User Generated Content is removed or your account is terminated. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.

TERMS AND CONDITIONS OF TRADE

“The Company” means Spartan Management and “Customer(s)” means any person, firm, company, government body or other entity with which the Company contracts to supply goods or services. To the fullest extent legally possible all dealings between the Company and any customer relating to any products and/or services are subject to the following terms and conditions of trade unless otherwise agreed in writing
 

1.Orders

1. All      orders for goods or services from customers which may be accepted by the      Company are accepted on the following conditions (“the Conditions”).
2. Any      conditions of purchase offered by customers which purport to add to or are      otherwise inconsistent with the Conditions shall be deemed to be waived by      the customer upon placement of an order by the customer with the Company      unless such conditions of purchase are expressly agreed to by the Company      in writing.
3. No      order accepted by the Company may be cancelled or deferred by the customer      without the prior written consent of the Company.

2.Quotations and Published Prices

1. Quotations      issued by the Company are open for the customer to whom the quotation is      addressed to place an order within 30 days from the date of quotation      (unless a shorter period is expressly provided for in the quotation or the      quotation is withdrawn by the Company) .
2. The      issue of a quotation and other publication of price by the Company does      not constitute offers to supply.

3.Price

1. The      Company reserves the right to vary the prices charged from time to time      without prior notification.
2. Published      prices are (unless otherwise indicated) provided in Ireland Euros (EUR)      for the sale of goods FOB and are exclusive of any applicable goods and      services tax and any applicable taxes and duties and costs and charges      associated with the delivery of goods. Such items shall be included in the      invoiced price.

4.Payment

1. Where      credit facilities have been approved by the Company, payment for goods and      services shall be due and payable within 30 days of the date of invoice.
2. The      Company may charge interest on any overdue payments at the rate of 5% per      annum above the corporate lending rate published from time to time by the      Company’s bank for the length of any such delay in payment. The Company      reserves the right to withhold further deliveries of goods or the      provision of services until all arrears from the customer have been paid.
3. The      customer shall pay all costs and expenses (including legal costs on an      indemnity basis) incurred by the Company and/or its agents in respect of      the customer whether relating to any debt, possession of products and/or      otherwise.
4. The      Company reserves the right to terminate the customer’s credit facility at      any time and to require full or part payment with order or prior to      delivery.
5. Where      credit facilities have not been approved, payment for goods and services      shall be due and payable on delivery.

5.Minimum Order Value – The Company reserves the right to require orders to be for a minimum value determined by the Company from time to time and to otherwise accept in whole or in part any orders for goods or services by customers or to decline such orders.
 

6.Delivery – Whilst the Company endeavours to effect deliveries or execute orders by the requested date, the Company shall not be liable for any loss or damage whatsoever (including, without limitation, consequential loss or damage) caused directly or indirectly by any delay or failure to deliver. The Company reserves the right to make delivery in instalments and to invoice each instalment as a separate order.
 

7.Supply and Delivery

1. Unless      other terms of supply have been agreed and accepted by the Company in      writing on an order by order basis, the customer will pay for the costs      associated with the delivery of goods to the customer;
2. Delivery      of, and transfer of risk of loss and damage to, goods to the customer      shall be deemed to take place:
       (a) in the case of goods supplied by the Company from Ireland for supply      in Ireland upon delivery of the goods to the customer’s designated      premises in Ireland specified in the respective order accepted by the      Company in writing;
       (b) in the case of goods supplied by the Company from Ireland for supply      outside of Ireland , when the goods have passed the ship’s rail at the      port of shipment in Ireland;
       (c) in the case of goods supplied by the Company from outside of Ireland      FOB or CIP (as the case may be), when the goods have left the Company’s,      manufacturer’s or agent’s premises for delivery to the customer; or
       (d) as may otherwise have been agreed and accepted by the Company in      writing on an order by order basis.
3. The      Company shall not be responsible for any loss or damage to goods in      transit or otherwise once they have been delivered to the customer as set      out in 7.2.
4. If      the customer has not made or notified the Company of arrangements for      delivery, the customer hereby authorises and requests the Company to      nominate a carrier to take delivery of the goods from the Company on      behalf and at the risk of the customer.
5. Arrangements      for insurance of the goods are the responsibility of the customer.
6. Where      the Company nominates a carrier on behalf of the customer, all freight and      other delivery charges will be billed to the customer.
7. Signature      of any delivery note by any agent, employee or representative of the      customer (or where delivery is to the customer’s carrier, by such carrier      or its agent) shall be conclusive proof of delivery.

8.Shortages – Claims for shortages in delivered quantity of goods must be made in writing within 7 days of receipt of goods and any shortages must be indicated on the delivery note at the time of delivery, failing which any such claim shall be deemed to be waived by the customer.
 

9.Goods Return Policy

1. Goods      may only be returned if they are damaged upon delivery, oversupplied or      not the ordered goods. Customers wishing to return goods must notify the Spartan      International Customer Service department within 14 working days of      delivery of goods, failing which the basis for any such claim for return      shall be deemed to be waived by the customer.
2. No      claims for damage or loss will be entertained unless the goods are noted      as being “damaged” on the delivery note and the claim has been made within      14 days of delivery of the goods.
3. Goods      damaged in transit for which the Company is responsible for providing or      contracting for carriage must be notified to the Company and the carrier      within 3 days of receipt of goods by the customer and the goods must be      noted as being “damaged” on the transport delivery sheets. Goods must be      retained with all wrappings, cartons and other items which they were      originally supplied with by the Company pending instructions from the      Company. The Company cannot institute or assist the customer with a claim      on the carrier until the goods have been inspected by the Company.
4. The      Company may (but is not obliged to) accept goods that are not damaged,      oversupplied or not the ordered goods for return on terms and conditions determined by the Company in its absolute discretion.

10.Returns

1. Before any goods may be returned customers must contact Spartan Customer      Service.
2. Goods must be returned by and at the customer’s expense in their original      packaging and the RA number must be clearly marked on the outside of the      box or other packaging in order for goods to be accepted by the Company’s      warehouse staff. The issue of an RA number and acceptance of returned      goods by warehouse staff does not constitute acceptance by the Company of      the customer’s claim for return.
3. Goods returned without an RA number will not be accepted by warehouse staff and      will be returned to the customer at the customer’s expense.

11.Warranty

1. To       the extent permitted by law, the warranty as provided for in this Clause       shall be in lieu of and to the exclusion of any warranty, condition or       liability express or implied by law in respect of the description,       quality, suitability or fitness for any particular purpose of goods or       otherwise, and the Company shall not be under any liability, whether in       contract, tort or otherwise, for any injury, damage or loss whatsoever       arising in any way in connection with the supply or use of the goods or       from any services provided, including (without limitation) consequential       loss or damage arising from claims by the customer, third parties or       otherwise.
2. If       rights are conferred upon the customer or obligations are imposed upon       the Company by certain Federal or State legislation (“the said       legislation”) which cannot be excluded, the provisions of this Clause       shall be read subject to those rights or obligations and subject to the       Company’s Standard Warranty for the period applicable to specific       Products. Details of the Company’s Standard Warranty and the schedule of       periods applicable are available upon request by contacting our customer       service by email info@spartanfightstore.com
3. To       the extent permitted by the said legislation the Company hereby expressly       limits its liability to:

(a) in the case of goods covered by the Company’s Standard Warranty, any one of the following (at the Company’s discretion):
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the costs of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the costs of having the goods repaired;

(b) in the case of goods not covered by the Company’s Standard Warranty the customer may elect one of the following:
(i) at the written request of the customer, the supply of a quotation for the repair of the Product, and if the quotation is accepted in writing by the customer, the repair of the Product at the customer’s expense; or
(ii)if the customer elects in writing for the Product to be returned to the customer without repair, the return of the Product at the customer’s expense.

12.Specifications

1. The      Company’s policy is one of continuous development, and the Company      therefore reserves the right to improve, alter or discontinue      specifications without prior notice. All illustrations and samples are      intended as approximate representations only and are not binding in detail      with regard to finishes, colour and shades and specifications. The Company      accepts no liability whatsoever for any loss or damage (including, without      limitation, consequential loss or damage), directly or indirectly, arising      out of or in connection with same.
2. In      the event the customer provides the Company with specifications for the      manufacture or sourcing of goods by the Company for the customer, the      customer warrants to the Company that the specifications and any goods      manufactured, sourced or otherwise supplied by the Company based on the      said specifications will comply with all applicable laws relating to the      manufacture and supply of such goods and not infringe the copyright,      patent, design, other intellectual property rights or other rights of any      third party, and the customer shall indemnify and keep the Company fully      indemnified from and against any and all claims, liabilities, obligations,      expenses or damages the Company may suffer or incur as a result of the use      by the Company of the said specifications or the manufacture, sourcing or      supply of goods based on the said specifications.

13.Installation and Use

1. Installation      of goods by the Company is not included unless otherwise specifically      indicated by the Company in writing. The Company takes no responsibility      for the installation of goods other than goods which are installed      directly by the Company.
2. The      Company shall not be responsible or liable for any liability, whether in      contract, tort or otherwise, for any injury, damage or loss whatsoever      arising in any way in connection with the improper installation of goods      or the use of such goods (by the customer or any third party), including      (without limitation) consequential loss or damage arising from claims by      the customer, third parties or otherwise, and the customer shall indemnify      and keep the Company fully indemnified from and against any and all claims,      liabilities, obligations, expenses or damages the Company may suffer or      incur as a result same.

14.Product resale – The customer is permitted to sell the Company’s products in retail stores or online provided the products are sold and shipped within Ireland only. No product is to be shipped to purchasers outside Ireland without the prior written consent of the Company.
 

15.Intellectual Property

1. The      customer acknowledges and agrees that the right, title and interest in any      intellectual property owned by the Company shall at all times remain the      property of the Company.
2. The      company grants to the customer a revocable, royalty free licence to use      the Company’s intellectual property (including the trade mark ‘Spartan’)      in connection with the promotion and sale of the Company’s products only.
3. Any      advertising and promotional material (such as point of sale advertising in      relation to the products or any promotions run from time to time) must be      used by the customer in the form in which is it provided, without      alteration, and displayed prominently so as to serve its purpose.
4. The      Company’s intellectual property may be altered or incorporated with the      customer’s own intellectual property for the purposes of marketing and      promotion subject to the Company’s prior written approval.
5. The      customer acknowledges that the right, title and interest in any      adaptation, modification or derivative of the Company’s intellectual      property developed in accordance with clause 15.4 is owned by the Company.

16.Confidential Information

1. Except      to the extend required by law, neither party will make public, disclose or      use for purposes other than for the purposes of this agreement, the      confidential information of the other, unless prior written approval is      provided.
2. Each party will take all reasonable steps to secure and keep secure the other party’s confidential information coming into its possession or control.

For the avoidance of doubt, confidential information includes the following:
(a) Information marked as confidential;
(b) Information, drawings and samples pertaining to the Company’s product;
(c) Information in relation to sales, order, quantities, prices, quotations or any other information in connection with this agreement; and
(d) Information which by its nature is either confidential or should reasonably be regarded as confidential to the party to whom it belongs or relates