1. Definitions and Interpretation
1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
|"working day"||means, any day other than a Saturday, Sunday or bank holiday;|
|"calendar day||means any day of the year;|
|"Contract||means the contract for the purchase and sale of Goods, as explained in Clause 2;|
|"Goods"||means the goods which are to be supplied by Us to you as specified in your Order (and confirmed in Our Order Confirmation);|
|"month"||means a calendar month;|
|"Price"||means the price payable for the Goods;|
|"Special Price"||means a special offer price payable for Goods which We may offer from time to time;|
|"Order"||means your order for the Goods from Our website www.newberycricket.com|
|"Order Confirmation"||means Our acceptance and confirmation of your Order as described in Clause 2;|
|"We/Us/Our"||means Newbery Cricket USA, Inc (a company registered in the USA) and includes all employees and agents of John Newbery Limited or Newbery Cricket USA, Inc|
2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, fax or other means.
2. The Contract
1 These Terms and Conditions govern the sale of goods by Us and will form the basis of the Contract between Us and you. Before submitting your Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please contact Us for clarification.
2 Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our discretion, accept.
3 A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing.
3. Description and Specification of Goods
1 We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided in Our sales and marketing literature and descriptions provided by Our staff. We cannot, however, guarantee that all illustrations and/or photographs will be precisely accurate due to discrepancies that may arise during the printing process or differences in the colour reproduction of electronic displays.
2 If you receive any Goods that do not conform to illustrations, photographs or descriptions under sub-Clause 3.1 you may return those Goods to Us as provided in Clause 7.
3 If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible. If, as a result of any such error or omission, you have received the wrong Goods, you may return those Goods to Us as provided in Clause 7. If, as a result of any such error or omission, you have paid too much, We will refund the excess paid for the Goods.
4 We reserve the right to make any changes in the specification of the Goods that may be required to conform with any applicable safety or other legal or regulatory requirements without notice.
1 All Orders for Goods made by you will be subject to these Terms and Conditions.
2 You may change your Order at any time before We despatch the Goods by contacting Us. Requests to change Orders do not need to be made in writing.
3 If your Order is changed We will inform you of any change to the Price in writing.
4 You may cancel your Order at any time before We despatch the Goods by contacting Us. If you have already paid for the Goods under Clause 5, the payment will be refunded to you within ten working days. If you request that your Order be cancelled, you must confirm this cancellation in writing.
5 We may cancel your Order at any time before We despatch the Goods in the following circumstances:
6 The Goods are no longer in stock and We are unable to re-stock (if, for example, the Goods are discontinued); or
7 An event outside of Our control continues for more than one week (please see Clause 12 for events outside of Our control).
8 If We cancel your Order under sub-Clause 4.5 and you have already paid for the Goods under Clause 5, the payment will be refunded to you within ten working days. If We cancel your Order, the cancellation will be confirmed by Us in writing.
9 In the event of an error in pricing online, incorrect/invalid/expired discount code or pricing errors in the showroom.
5. Price and Payment
1 The Price of the Goods will be that shown on Our website www.newberycricket.com in force at the time of your Order. If the Price shown in your Order differs from Our current Price We will inform you upon receipt of your Order.
2 If We quote a Special Price which is different to the Price shown on Our current website www.newberycricket.com, the Special Price will be valid for one week or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement. Orders placed during this period will be accepted at the Special Price even if We do not accept the Order until after the period has expired.
3 Our Prices may change at any time but these changes will not affect any Orders that We have already accepted.
4 We have made every reasonable effort to ensure that Our Prices, as shown on Our current website www.newberycricket.com are correct. Prices will be checked when We process your Order. If the actual Price of the Goods is lower than that stated in your Order, you will be charged the lower Price (unless the lower price was an obvious mistake that you could have reasonably recognised). If the actual Price of the Goods is higher than that stated in your Order, We will contact you to inform you and ask you how you wish to proceed.
5 All Prices include sales tax. If the rate of sales tax changes between the date of your Order and the date of your payment, We will adjust the rate of sales tax that you must pay. Changes in sales tax will not affect any Prices where We have already received payment in full from you.
6 Our Prices exclude the cost of delivery unless otherwise states / agreed. Delivery costs will be added on to the final sum due.
7 All payments for Goods must be made in advance before We can despatch the Goods to you.
8 We accept all major credit and debit cards.
9 Credit and/or debit cards will be charged at the time of order.
1 Please note that delivery is possible in the USA and to most countries internationally. For more information please contact us on +44 7525 448823.
2 When We send you an Order Confirmation, We will provide an estimated delivery date. Please note that estimated delivery dates may vary according to the availability of Goods, your location, and circumstances beyond Our control.
3 Delivery will be deemed to have taken place when the Goods have been delivered to the delivery address indicated in your Order or, if you are collecting the Goods from Us yourself, when you have collected the Goods.
4 If for any reason We are unable to deliver the Goods at your chosen delivery address, We or Our appointed carrier will leave a note informing you that the Goods have been returned to Our premises or those of Our appointed carrier and will provide contact details so that re-delivery can be arranged.
5 The responsibility (sometimes referred to as the “risk”) for the Goods remains with Us until delivery is complete as defined in sub-Clause 6.4 at which point it will pass to you.
6 You own the Goods once We have received payment in full for them.
7. Returning Incorrect Goods
1 If you receive Goods that are incorrect, caused by a mistake made by Us in delivery or by Our incorrect description or information (see sub-Clauses 3.2 and 3.3), you have the right to return them in exchange for a refund or a replacement, subject to the provisions of this Clause 7. This Clause 7 does not apply to Goods that you wish to return because you have changed your mind or to Goods that are faulty. For Goods that you wish to return because you have changed your mind or faulty Goods, please see Clauses 8 or 9 respectively.
2 If you wish to return Goods to Us under this Clause 7 you must do so within a reasonable time of taking delivery (or collecting them from Us).
3 All Goods must be returned to Us under this Clause 7 in their original condition, accompanied by proof of purchase.
4 For Goods returned under this Clause 7 We will reimburse you for any reasonable postage or shipping costs.
5 Refunds or replacements will be issued to you immediately if you return Goods to Us in person or within ten working days of Our receipt of the Goods if you return Goods to Us by post or similar delivery service.
8. Returning Goods If You Change Your Mind
1 If you are not satisfied with any Goods purchased from Us or have simply changed your mind you have the right to return them in exchange for a refund or a replacement, subject to the provisions of this Clause 8. This Clause 8 does not apply to incorrect or faulty Goods. For incorrect or faulty Goods please see Clauses 7 or 9 respectively.
2 If you wish to return Goods to Us under this Clause 8 you must do so within 28 calendar days of taking delivery (or collecting them from Us), telling Us why you wish to return the Goods.
3 All Goods must be returned to Us under this Clause 8 unused and in their original condition, accompanied by proof of purchase.
4 You may return Goods to Us by post or another suitable delivery service of your choice. You are solely responsible for the cost of returning Goods to Us under this Clause 8.
5 Refunds or replacements will be issued to you immediately if you return Goods to Us in person or within ten working days of Our receipt of the Goods if you return Goods to Us by post or similar delivery service. We will refund you the cost of the Goods minus the cost of postage (this is typically $10 but may be more or less depending on the size of your purchase).
9. Returning Damaged or Faulty Goods
1 If you receive Goods that are damaged or faulty at the time of delivery you have the right to return them in exchange for a replacement or repair, subject to the provisions of this Clause 9. This Clause 9 does not apply to Goods that are incorrect or Goods that you wish to return because you have changed your mind. Please refer to Clauses 7 or 8 above for incorrect Goods or returns if you have changed your mind. This Clause 9 does not affect the guarantee of Goods provided in Clause 10.
2 If you wish to return Goods to Us under this Clause 9 you must contact Us to inform Us of the damage or fault within a reasonable time of taking delivery (or collecting them from us) and in any event as soon as reasonably possible after discovering the damage or fault. We can then discuss with you arrangements for the return of the Goods and any applicable replacement or repair.
3 This Clause 9 only applies to Goods that are damaged or faulty when you receive them. Faults or damage caused by normal wear and tear or improper treatment do not entitle you to return Goods under this Clause 9. We may require you to prove that the Goods in question were damaged or faulty when you received them if you inform us of the damage or fault more than three months after you received them.
4 This Clause 9 does not apply if you purchased the Goods having been told by Us of the particular damage or fault (If, for example, the Goods were sold as ‘seconds’, or at a discounted rate).
5 You may return Goods by post or another suitable delivery service of your choice. For Goods returned under this Clause 9 We will reimburse you for any reasonable postage or shipping costs.
6 Subject to Our being satisfied that the Goods were faulty or damaged when you received them replacements will be issued to you immediately if you return Goods to Us in person or within ten working days of Our receipt of the Goods if you return Goods to Us by post or similar delivery service.
7 If Goods are to be repaired We will give you a repair estimate within five working days of your returning the Goods to Us in person or of Our receipt of the Goods if you return Goods to Us by post or similar delivery service.
10. Guarantee / Warranty
1 We guarantee that for a period of one year from the date of delivery, the Goods will be free from material defects. This guarantee is subject to the exceptions listed in sub-Clause 10.2.
2 Our guarantee does not apply to any defects in the Goods caused by:
1 Normal wear and tear;
2 Deliberate damage and/or misuse of the Goods;
3 Accidental damage;
4 Failure to use or maintain the Goods in accordance with their instructions; or
5 The alteration or repair of by you or any third party that is not authorised by Us.
Our guarantee exists in addition to your legal rights as a consumer (that the Goods match Our description, that they are of satisfactory quality and that they are fit for purpose). More information on your rights as a consumer can be obtained from your local Citizens Advice Bureau or from the Office of Fair Trading.
You have a one year warranty on any NEWBERY product you purchase directly with NEWBERY from the date you receive/take the goods. If a replacement is issued within the year, the warranty will still be from the original product received. There is no new warranty applied on the replacement item.
11. Our Liability
1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
2 We only supply Goods for domestic and private use. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). By making your Order, you agree that you will not use the Goods for such purposes. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
3 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
4 Furthermore, nothing in these Terms and Conditions seeks to exclude or limit Our liability for the following with respect to your rights as a consumer:
1 Breach of your right to title and quiet possession as implied by section 12 of the Sale of Goods Act 1979;
2 Breach of terms relating to description, satisfactory quality, fitness for purpose and samples as implied by sections 13, 14 and 15 of the Sale of Goods Act 1979;
3 Our liability relating to defective products as set out in the Consumer Protection Act 1987.
12. Events Outside of Our Control (Force Majeure)
1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic, pandemic or other natural disaster, or any other event that is beyond Our control.
2 If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
1 We will inform you as soon as is reasonably possible;
2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
4 If the event outside of Our control continues for more than one week We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;
5 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to cancel under sub-Clause 4.4 above.
13. Communication and Contact Details
1 If you wish to contact Us with questions or complaints, you may contact Us by telephone at +44 7525448823 or by email at firstname.lastname@example.org.
2 In certain circumstances you must contact Us in writing (when cancelling an Order, for example). When contacting Us in writing you may use the following methods:
1 Contact Us by email at email@example.com;
14. How We Use Your Personal Information (Data Protection)
1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
2 We may use your personal information to:
1 Provide goods and services to you;
2 Process your payment for the Goods; and
3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
3 In certain circumstances (if, for example, you wish to purchase Goods on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
4 We will not pass on your personal information to any other third parties without first obtaining your express permission.
15. Other Important Terms
1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.
2 You may transfer (assign) the benefit of the guarantee in Clause 10 to any person who purchases the Goods from you after you have completed purchasing the Goods from Us.
3 You may not transfer (assign) your other obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
4 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions. This is subject to sub-Clause 15.2 and any purchaser to whom the guarantee has been transferred under that sub-Clause will be entitled to enforce the guarantee.
5 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
6 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
17. In these conditions "we", "us" and "our" refer to Newbery Cricket USA, Inc. You can write to us at The County Ground, Eaton Road, Hove, BN3 3AF or send e-mail to firstname.lastname@example.org. This is also the address to write to if you have any complaints. "You" and "your" refer to you as the consumer purchaser who places an order with us.
19. We will try to deliver your goods as soon as practicable. During normal periods and when we have goods in stock, our aim is to deliver goods one week from date of order. In busy times or if goods are still being manufactured delivery times will be longer. If we are out of stock of some of the items on your order, we reserve the right without the obligation to deliver your order in multiple drops. If you have not received your order within the expected delivery time you should notify us by email. Please note that any dates quoted by us for delivery are estimates only. If we are unable to deliver your goods within 30 days of your order, you may cancel your order and get a full refund for those goods.
20. We will choose the appropriate method of delivery. Small items may be delivered by post. Larger order will be delivered by courier and will require signature at time of delivery.
21. When you receive the goods, you should keep all original packaging and labels until you are sure you have the right sized goods. If you need to return the goods for exchange or credit you must call our customer service team on +44 7525 448823 or email email@example.com. Returned goods need to be sent to: Returns department, Newbery Cricket, 409 CAMARS DRIVE, WARMSINTER, PA 18974
If the product is defective or we have made some other error, we will refund reasonable postage incurred.
22. You will be responsible for any damage to the goods which occur after they have been delivered to you. We therefore recommend you do not name the goods until you are sure they are what you need. We are unable to credit goods which are returned without a completed Returns form. Nothing in this clause shall prejudice the Statutory rights of the customer under this agreement.
23. Goods can only be despatched if we have received full payment for the order.
24. Details of our delivery charges and methods of payment for the goods are explained in the “Billing and Delivery” stage of the checkout process.
25. Every effort is made to ensure that our prices and descriptions are accurate. If an error is found and the prices or products change, we will inform you as soon as possible and offer you the option of cancelling your order or reconfirming your order with the revised price or product. We are under no obligation to provide goods to you at an incorrect (lower) price if the pricing error is obvious and could reasonably have been recognised by you as a pricing error.
26. If you have purchased goods that have not been personalised you can cancel your order for any reason and get a full refund at any time before you receive the goods, or up to 14 working days after the day you receive the goods. To cancel your order you should email details to firstname.lastname@example.org. If we have already despatched the goods to you:
- you can only exercise the right to cancel your order if the goods are returned in original condition and in original packaging with original labels;
- we will re-imburse reasonable postage costs or arrange a collection if we were at fault;
- we can only process a credit on receipt of the goods with a completed Returns form.
27. We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control nor for any business losses.
28. Nothing in these conditions will limit our liability in cases of fraudulent misrepresentation, negligence causing personal injury or death or defective products causing personal injury, death or damage to non-business property.
29. If we fail to enforce any of these conditions, that does not mean that we have waived any of our rights and we retain the right to enforce any of these conditions at any time.
30. This particular clause only applies if you are buying goods from us for the purposes of your trade, business or profession and you are not classified as a consumer under USA consumer protection legislation. If you are such a business customer, clause 11 of these conditions will not apply, we will not be liable for any consequential loss and subject to clause 12 our maximum liability shall be limited to the price of the goods.
31. Nothing in these conditions affects your statutory rights as a consumer. You may obtain information about your statutory rights from your local Trading Standards Department or Citizens Advice Bureau.
33. The year warranty on all goods is valid for the first 'original' product bought. The warranty does not start again on the replaced item.
Data Protection Act
The information that you provide to us will be used for credit and security checks and for managing your account
17. Imperfections In Willow
We will not commit any number of grains on a bat or talk about clean faces on our bats. Our bats are all based on performance, we choose the best performing willow from the selection sent to us by our supplier in the UK. This willow is graded when it comes to us from the experts. Naturally with the higher graded willow you will get more of the 'pretty' looking English willow, but we work on performance and feel for the best quality cricket bats.
There are many imperfections found in the English Willow Tree that go on to still be present in the finished bat. Here we give an overview of the most common to reassure the consumer that they are only cosmetic.
Probably the most common imperfection found is the small knot or “pin knot”. These are generally up to 10 mm in diameter and are still living. Normally they will be present in the edge and / or back of the bat although sometimes they are visible on the face. They will not affect the playing of the bat at all.
“Speck” Two Clefts, one containing light speck and one containing heavy speck were tested by TRADA Technology Limited.
Using light microscopy the speck was examined. It was determined that each speck was in fact a small cavity running longitudinally and following the grain in a radial direction. Dark Fibrous material was present in the cavity, but no sand, gravel or mineral like deposits were observed.
The specks are consistent with damage caused to the growing tree by small flies in the family Agromyzidae of the Diptera order. Adult flies lay eggs inside the bark, and the larvae feed on the nutrients in the Cambium (the layer between the bark and the wood). The larvae then leave the tree and pupate in the soil. Wound tissue forms over the tunnels, and this is eventually included in the timber, forming the speck.
The speck is purely cosmetic and does not have any detrimental effect on the bat.
This is “Butterfly Stain”, so called as it resembles the wings and body of a butterfly. It is attributed to pruning and frost damage, especially by hard pruning of larger branches that causes scarring in the timber. (Found in our own research and confirmed by the Forestry Commission). Although most people do not understand the butterfly stain, it adds strength to the finished bat, giving longer life of the bat with much less likely hood of the bats breaking.
This is a worse form of butterfly stain, commonly named “Bar Stain” or “Tiger Stain”. It is formed the same way as butterfly stain, but there is so much stain it adds weight to the blade as well. The stains are close together and there will be many of them over the blade.
A very common imperfection is the “False Growth”. This is caused when for some reason the tree has stopped growing for maybe one season. It can be caused by drought, fire or weed killer. Nine times out of ten there is no weakness in the bat and they will certainly not break along the False Growth. It will normally run parallel to the normal grains.
his blade has a brown line down the middle as you can see in the photograph. It has been caused by the roots having been cut either by a digger or perhaps a plough. It is rot in the very early stages but not to the detriment of the playing ability.
This is a “dead knot”. The tree has been trimmed up very late and the resulting branch has been left to grow for many years. Before this can be used to make a bat the knot is drilled out and filled. As long as it is not on the face of the bat it will have very little detrimental effect on the playability.
Storm Damage ( also known as Wind Damage)
This is when the tree has been affected by very strong winds which has blown the tree from side to side in a very aggresive manor and has broken the cell structure of the willow, it will happen more in the tops of the tree which get whipped around more and therefore it is also more prevalent in narrow grain bats (the grains of a bat are always narrower in the top of the tree than the bottom). If you imagine the cell structure of a willow tree running from top to bottom, if there is lateral movement to excess these cells will break and cause a weakness.
This wind damage is a natural occurrence and there is absolutely nothing we or the bat manufacturer can do about it. The majority of these bats are found when they are in the manufacturing process but some will still get through to the customer. They will not always break ( they normally break as per the attached photo by snapping across the grain) but if slightly misused or they catch a fast Yorker on the toe with perhaps a poor quality ball they are more likely to break. A good way to reduce the chances of this are by having extra toe protection on the bat.
You can see from the photo that storm damage is obvious as the bat will split right across the blade (across the grain) , or sometimes halfway across.