TERMS AND CONDITIONS OF SALE AND WEBSITE TERMS OF USE
1. What do these Terms and Conditions apply to?
1.1 These Terms and Conditions will apply to all EU or international orders and govern your contract with us for (i) the sale of Products; and (ii) international delivery services. They also tell you the rules for using our website, Kitbag (our site).
1.2 Please note that certain provisions of these Terms and Conditions will apply differently depending on whether you live within England, the EU or outside the EU. Provisions that may vary include the provisions in clauses 4 (How is a contract formed between us), 9 (What is the charge for delivery and handling?), 10 (How to pay & VAT) and 11 (Import Duty and Tax Payments and Customs). In each of these provisions we have stated which terms will apply to you according to your country of residence. In addition, please refer to the definitions of ‘EU’ and ‘Non-EU Countries’ in clause 2 below.
1.3 Your contract for the purchase and delivery of our Products will be with Fanatics (International) Limited (“Fanatics”). Our registered address is at Stubbs Mill 3 Upper Kirby Street Manchester M4 6FN, United Kingdom. You can contact our customer services team regarding any queries relating to these Terms and Conditions and Orders you place using the following contact details:
Customer services team contact details:
Telephone: +44 (0) 333 014 5354
Email: customer.services@kitbag.com
Our Customer Services team provides support between 9.30am to 5pm, 7 days a week (UK local time).
1.4 We reserve the right to cancel any Order that is made by a minor, under the age of 18, where the consent of that minor’s legal guardian is not received. If you are under the age of 18 you must ensure your parent or legal guardian knows and agrees before you agree to buy anything online. In subscribing for emails, or entering any competition that requires information about you, you warrant you are over 16 years of age.
In purchasing our Products you confirm that you are a consumer. A consumer is someone who is:
i. an individual; and
ii. acting wholly or mainly outside of their trade, business, craft or profession.
2. What terms do we use in these Terms and Conditions?
“Contract” means the contract formed between you and Fanatics each time you purchase Products from us via our Website (see section 4 below regarding how a Contract is formed between us).
“eDAP” means the DAP incoterm used for the shipment but under which all duties and taxes to be recovered are paid by the Customer to Fanatics International Ltd at the time of order and thereafter passed from Fanatics International Ltd to the Carrier.
“EU” means any country or territory in the fiscal (VAT) area of the European Community and at all times England and excluding Non-EU countries.
“Intrinsic Value” means the price of the goods themselves excluding transport and insurance costs and any other taxes and charges as ascertainable by the customs authorities.
“Non-EU Countries” means any other country or territory not within the fiscal (VAT) area of the European Community.
“Order” has the meaning given to it under clause 4.1 (When is your order placed) below;
“VAT” means value added tax, or the equivalent goods and services tax applied within a relevant territory.
“Personal Information” means the details provided by you on registration
“Product” means a product displayed for sale on the Website
“Product Description” means that part of the Website where certain Terms and Conditions in respect of the individual Product are provided.
“User” means any user of the Kitbag Website.
“We/us/our” means Kitbag
“Website” means the website located at www.kitbag.com including any sub-domains or any subsequent URL which may replace it.
“You” means a user of this Website.
3. Where do I find Product information?
3.1 Each Product purchased is sold subject to its description on its product page. This may set out additional terms related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and any applicable guarantees that may apply to the product.
3.2 Please note that Product descriptions may vary depending on what country you are in and where you choose to deliver the Products. We cannot guarantee that all Products will be available for international delivery to every country.
4. How is a Contract formed between us?
4.1 The steps required to create the contract between you and us are as follows:
4.1.1 When is your order placed?
You place the order for your Products on the Website by following the prompts and clicking the “Buy Now” button at the end of the checkout process. Once you have clicked this button it constitutes an “Order”.
4.1.2 How much is the cost of delivery and handling?
The delivery charge will be shown in the order process before you complete your Order and you confirm your consent to this charge when you submit your Order. We reserve the right to charge a handling fee in addition to delivery costs, and you confirm your consent to this charge when you submit your Order.
4.1.3 How can I review my Order?
You will be given an opportunity to review your Order and make any amendments required prior to placing an Order.
4.1.4 How will we confirm your Order?
We will send you an Order confirmation email detailing and acknowledging the Products you have ordered.
4.1.5 What Products will you deliver?
Your contract with us to deliver Products only relates to those Products confirmed in the “order confirmation” email sent by us to you. We will not be obliged to deliver any other Products, which may have been part of your Order, unless and until those Products are confirmed in an order confirmation email.
4.1.6 How will I know when my Products have been despatched?
We will notify you by email when your Product is despatched to you.
If you have ordered multiple Products, please note that we may deliver these separately.
4.1.7 When is my Order accepted by Kitbag?
Order acceptance and completion of our Contract will take place when you receive an order confirmation e-mail confirming that we accept your Order, or you have cancelled it in accordance with the instructions in clause 5 below.
4.1.8 When is payment for the Products taken?
Your credit/debit card will be charged when your Order is confirmed.
4.2 We are not required to accept your Order and we may modify, reject or cancel your Order for any reason, including but not limited to one of the following reasons:
▪ The product you ordered being unavailable from stock;
▪ If we are unable to obtain authorisation for your payment;
▪ The identification of a pricing or Product description error;
▪ We reasonably believe you may have the intent to resell the Product; or
▪ You not complying with these Terms and Conditions (for example, if you are under the age of 18 and we have not received consent to the Order from your legal guardian).
5. Your statutory right to cancel
5.1 You have the following cancellation rights when you buy online:
5.1.1 You are entitled to cancel your Contract (your whole Order) if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the Products in question.
5.1.2 You have an additional right to return individual products or your whole Order up to 365days after the day on which your Order is despatched from us. Returns must be in original condition, unworn/unused with original tags and labels.
5.1.3 Your right to return Products does not apply to DVDs, videos, PC & video games which have been opened, pierced jewellery, goods made to your specification, that have been clearly personalised or which by reason of their nature cannot be returned (for example, underwear/swimwear which has been worn) or are liable to deteriorate or expire rapidly).
5.1.4 To exercise the right to cancel, you must inform us of your decision to cancel your Contract by a clear statement, including details of your name, geographical address, details of the Order you wish to cancel and, where available, your phone number and email address.
5.1.5 You can cancel by contacting our customer services team on the contact details above or by using our Returns Portal.
5.1.6 If you decide to cancel, you should return the Products to us at your cost within 30 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the cost of the Products being returned. If you cancel your whole Order in accordance with clause 5.1.1 only, this includes the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery) and any handling fee. If you do not cancel your whole Order, but only certain Products within your Order, we will only reimburse you for the cost of those Products returned and we will not refund the cost of delivery or any handling fee.
5.1.7 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
5.1.8 We will make the reimbursement no later than 14 days after the day we receive back from you any goods supplied.
5.2
You may also cancel your
contract if the Products are damaged faulty or not as described, in which case
we will refund the cost of returning the goods. Please see clause 7
6. How do I change, cancel or return an Order?
6.1 Other than in the circumstances set out in clause 5, it’s not possible to make changes to your Order once you’ve placed it. If you’d like to add Products to your Order, please place a new order for these Products.
6.2 If you need to change details of your delivery address, remove Products from your Order or cancel it completely, please contact our customer services team on the contact details above.
6.3 If the Products you ordered have already been collected from our warehouse for delivery to you, then you will need to use our Returns Portal in the event of any unwanted Products.
6.4 Except as provided in clause 5.1.6, unless Products are faulty, damaged or not as described upon delivery you are expected to bear the cost of any return and neither your original delivery charge nor any handling fee will be refunded.
7. What if the Products are damaged or faulty?
7.1 If your Order arrives and the Products are damaged, faulty or not as described, you may cancel the Order and we will reimburse you the cost of the Products, the delivery charge for your Order, any handling fee and reasonable costs of you returning the Products. We will reimburse you with these costs through the payment method you used to place the Order within 14 days of our receipt of the returned Products. For more information on how to return Products, please click here.
7.2 These Terms and Conditions, including this clause 7, are in addition to any statutory rights and remedies you may have under English law and your country of residence.
8. When will the Products be delivered?
8.1 Delivery lead times to international addresses will vary according to destination but we will use reasonable endeavours to ensure that all Products will be delivered within 30 days from the conclusion of the contract with us. In the event that your Order has been despatched by us (as confirmed in the despatch confirmation e-mail) but has not arrived within the estimated delivery time range, please contact our customer services team on the contact details above. Please contact Customer Services if you have any queries about international delivery services.
8.2 Depending on stock availability, we may split delivery of your Order into several parts and deliver them separately. You will not be charged extra for this. Occasionally, delivery of your Order may be delayed or prevented for reasons beyond our control, such as material shortages, import delays or higher than anticipated demand. Delivery may also be delayed due to customs-related processes (such as inspection).
8.3 If delays outside of our control occur, we will make every effort to keep you informed. For the avoidance of doubt, time is not of the essence for the delivery of the Products, but you will remain entitled to all statutory rights provided to you by the applicable laws.
8.4 Please note that due to the COVID-19 pandemic, there may be some delays to the delivery of your Order that are outside of our control.
9. What is the charge for delivery and handling?
9.1 During the check-out process and before you place your Order, we will confirm all of the charges applicable to your Order, such as:
9.1.1 any customs charges or a method of calculating these;
9.1.2 applicable tax applying to delivery charges and handling charges will depend on your country of residence and will apply in accordance with clause 7 (‘How to pay & VAT’);
9.1.3 the costs to deliver your Order. The delivery methods available to you may depend on the area that you are located. Please refer to our Delivery and Shipping terms for a list of the methods that may be available; and
9.1.4 our charges for handling your Order.
9.2 During the check-out process and before you place your Order, we will confirm all of the charges applicable to your Order, such as:
10.1 Accepted payment methods
10.1.1 We currently accept online payments with a number of credit/debit cards. The current credit cards we accept include: Visa, MasterCard, American Express, Maestro and PayPal
10.1.2 On selected websites, and for selected countries only, we also offer Klarna to customers. For more information, click here to see Klarna FAQ’s.
10.2 Payment is to be made in the currency selected by You on site prior to checkout. International credit card providers or banks will determine the exchange rate; if payment is made in a currency not issued as standard by the bank, they may add an additional processing or administration charge which the cardholder will be responsible to pay.
10.3 During the Order process, our delivery our delivery charges will be itemised as ‘shipping’ and ‘handling’ on the checkout page of the Website and in emails from us after you place your Order, after the subtotal for the value of the goods purchased.
10.4 Where orders exceed the relevant Customs Duty thresholds, a Duty charge may also be added at the Checkout to cover the customs duty amounts applicable to the order.
10.5 Our prices include VAT where applicable. There may be additional taxes that you could be required to pay which are not imposed by us.
10.6 For Orders made by customers in the United States of America, sales tax will be added to your Order, if applicable. This will be shown on the checkout page of the Website and in emails from us after you place your Order, after the subtotal for the value of the goods purchased.
11. Import Duty and Tax Payments and Customs
UK customers
11.1 Where orders are placed by UK customers, and the orders are fulfilled from our UK warehouse, there will be no duty considerations. Prices stated will include UK VAT.
11.2 Where orders are placed by UK customers, and the orders are fulfilled from our EU warehouse, or are shipped directly from our US affiliates, VAT is chargeable as follows:
11.2.1 For orders shipped in consignments with an intrinsic value below £135, Fanatics (International) Limited will continue to charge UK VAT on the order (included within the stated price).
11.2.2 For orders shipped in consignments with an intrinsic value above £135 You, the customer, will be the Importer of Record. As such, Fanatics will not charge UK VAT on this order; instead Import VAT will be assessed by HMRC on the consignment upon importation. This Import VAT amount is included in the price shown online.
11.2.3 For orders outlined in 11.2.2, You agree that Fanatics will act on your behalf in relation to the importation of goods. Where possible, we or our subcontractors, will carry out all customs formalities on behalf of the recipient of the Products. We may request information from you in relation to customs formalities. You must respond to any request for information within 5 days of us making the request, or the Order will be cancelled, and the Products returned to our warehouse.
11.2.4 For orders outlined in 11.2.2 a duty charge may be added at the checkout to cover the estimated duty amounts on the importation.
11.2.5 For orders outlined in 11.2.2, goods will be shipped on an eDAP basis.
EU customers
11.3 Where orders are placed by EU customers, and the orders are fulfilled from our EU warehouse, there will be no duty considerations. Prices stated will include VAT at the applicable rate in the country of delivery, which will be charged by Fanatics (International) Limited.
11.4 Where orders are placed by EU customers, and the orders are fulfilled from our UK warehouse, or are shipped directly from our US affiliates, VAT is chargeable as follows:
11.4.1 For orders shipped in consignments with an intrinsic value below €150, Fanatics (International) Limited will continue to charge VAT at the applicable rate in the country of delivery on the order (included within the stated price).
11.4.2 For orders shipped in consignments with an intrinsic value over €150 You, the customer, will be the Importer of Record. As such, Fanatics will not charge local VAT on this order; instead Import VAT will be assessed by the relevant local authorities on the consignment upon importation. This Import VAT amount is included in the price shown online.
11.4.3 For orders outlined in 11.4.2, You agree that Fanatics will act on your behalf in relation to the importation of goods. Where possible, we or our subcontractors, will carry out all customs formalities on behalf of the recipient of the Products. We may request information from you in relation to customs formalities. You must respond to any request for information within 5 days of us making the request, or the Order will be cancelled, and the Products returned to our warehouse.
11.4.4 For orders outlined in 11.4.2 a duty charge may be added at the checkout to cover the estimated duty amounts on the importation.
11.4.5 For orders outlined in 11.4.2, goods will be shipped on an eDAP basis, subject to 11.4.6 below.
11.4.6 Where orders exceed €150, and “Express Shipping” is offered as a delivery option, Fanatics (International) Limited shall act as the Importer of Record of goods into the EU. VAT will be charged by Fanatics (International) Limited at the applicable rate in the country of delivery on the order (included within the stated price)
All other territories
11.5 Products delivered may be subject to taxes, fees, customs duty, levies or other charges as a result of local legislation or customs formalities. The recipient of your Order is responsible for all customs formalities for the import of the Products and will be required to pay any additional charges for international delivery, including import duty, formal customs entry, taxes, levies and other charges that may be levied. The recipient of the goods, not the person placing the Order, will typically receive a separate request for payment of these charges. If you arre ordering Products to be delivered to someone else, please ensure they’re aware that they’ll be responsible for these additional charges.
11.6 Unfortunately, we have no control over these charges and cannot predict what they may be, so we are unable to offer any assistance on these processes. We advise that you check any customs formalities and the import charges applicable in the delivery territory before ordering Products. We will use commercially reasonable efforts to provide you with information which we hold which relates to the Product or consignment which you may need in order to arrange customs clearance.
11.7 You (or the recipient of the Products if different) will be the importer of record for all international deliveries of the Products (unless otherwise stated). . Therefore, before placing an Order, it is your responsibility to check that any Products ordered comply with country, state and/or federal government import regulations, and that there are no local requirements or restrictions which may affect receipt of your Order.
11.8 Fanatics (International) is responsible for the collection and remittance of VAT on sales to customers in Australia, New Zealand, Norway, Singapore and Switzerland up to the “low value goods” thresholds set by the respective Tax authority in the destination country.
11.9 For deliveries to customers in Canada goods will be shipped on an eDAP basis. You agree that Fanatics will act on your behalf in relation to the importation of goods. Where possible, we or our subcontractors, will carry out all customs formalities on behalf of the recipient of the Products. We may request information from you in relation to customs formalities. You must respond to any request for information within 5 days of us making the request, or the Order will be cancelled, and the Products returned to our warehouse.
12. How we may use your personal information?We will only use your personal information as set out in our Privacy Policy.
13. Our responsibility for loss and damage suffered by you
13.1 We will be responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of us breaking this contract or failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both us and you knew it might happen.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation or for breach of your legal rights in relation to the Products.
13.3 Your use of the website is at your sole risk. To the fullest extent permitted by law, you are responsible for complying with these Terms and Conditions and all applicable laws with respect to the use of the website. Other than as referred to in sections 13.1 and 13.2, the website, including all information and content made available on or accessed through the website is made available to you “as is” without warranties or representations of any kind. To the fullest extent permissible by law, we disclaim all warranties of any kind, whether express or implied.
13.4 In no event shall we or our affiliates be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages of any kind whatsoever. To the fullest extent permitted by law, in no event shall we or our affiliates be liable for any direct damages exceeding the greater of the monies paid by you to us for products in the twelve months preceding the claim or £100 GBP.
13.5 We are not liable in any event for your failure to provide us with accurate information, including but not limited to, shipping address, billing address, payment details or email address.
14. Our rights to vary these Terms and Conditions
14.1 We reserve the right to change these Terms and Conditions from time to time, but any changes will not apply to any orders that we have accepted prior to the change being made.
14.2 These Terms and Conditions govern our relationship with you. Any changes to the Terms and Conditions governing existing contracts must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what we and you are expected to do.
15. Alternative Dispute Resolution
15.1 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use.
15.2 If your country of residence is within the EU, if you are not happy with how we have handled any complaint, you may submit a complaint via the European Commission Online Dispute Resolution platform at http://ec.europa.eu/odr. There may also be other dispute resolution platforms based in your country of residence.
16. If a court finds part of this contract unenforceable, the rest will continue in force
If any part of these Terms and Conditions shall be found by a Court to be unlawful, void or unenforceable for any reason, then that provision shall be capable of being severed and separated from these Terms and Conditions and shall not affect the validity and enforceability of any of the other provisions of these Terms and Conditions which shall all remain in force.
17. Even if we delay in enforcing this contract, we can still enforce it later
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.
18. Which laws apply to this contract and where you may bring legal proceedings?
18.1 These Terms and Conditions shall be subject to English law. All claims or disputes arising in relation to or in connection with any contract (any Order for Products) under these Terms and Conditions shall be governed by English law. You may bring a claim to enforce your consumer rights in connection with these Terms and Conditions before the courts of your resident country, as laws in your country of residence may also apply to allow you certain levels of consumer protection. In addition, you are also entitled to bring a claim before the Courts of England and Wales if you prefer.
18.2 If you wish to bring a claim before a court in your resident country, please use the following service address: Stubbs Mill 3 Upper Kirby Street Manchester M4 6FN, United Kingdom.
19. Who we are and how to contact us?
Kitbag is a site operated by Fanatics (International) Limited ("We"). We are registered in England and Wales with the company number 05933624. We have our registered office at Stubbs Mill 3 Upper Kirby Street Manchester M4 6FN, United Kingdom.
To contact us, please email customer.services@kitbag.com or telephone our customer service line on +44 (0) 333 014 5354.
20. By using our site, you accept these terms
By using our site, you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms, you must not use our site.
We recommend that you print a copy of these terms for future reference.
21. There are other terms that may apply to you
These terms of use refer to the following additional terms, which also apply to your use of our site:
21.1 Our Privacy Policy
21.2 Our Cookie Policy, which sets out information about the cookies on our site.
22. We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on February 25, 2021.
23. We may make changes to our site
We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities.
24. Other criteria for use of our site
24.1 To register on our site, you must be at least the minimum age to provide your own consent in your country of residence.
24.2 We reserve the right to withdraw your access to our site if we reasonably believe you are below the minimum age to provide your own consent in your country of residence.
25. We may suspend or withdraw our site
25.1 Our site is made available free of charge.
25.2 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
25.3 You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
25.4 Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.
26. You must keep your account details safe
26.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
26.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
26.3 If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us at Telephone: +44 (0) 333 014 5354 or Email: customer.services@kitbag.com.
27. How you may use material on our site
27.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
27.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal use.
27.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
27.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
27.5 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
27.6 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
27.7 You may not use any material on our site for any illegal or unlawful purpose. Any unauthorised use or violation of these terms may immediately and automatically terminate your right to use and access our site and may subject you to legal liability.
28. Do not rely on information on this site
28.1 The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
28.2 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
28.3 The inclusion of any products or services on our site does not imply or warrant that these products or services will be available at any particular time or that the listed attributes are accurate or complete.
28.4 We may make changes to information about price, availability or other product attributes without notice.
29. We are not responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
30. User-generated content is not approved by us
30.1 This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
30.2 If you wish to complain about information and materials uploaded by other users, please contact us on Telephone: +44 (0) 333 014 5354 or Email: customer.services@kitbag.com.
31. Our responsibility for loss or damage suffered by you
31.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
31.2 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which are set out above in our Terms and conditions of sale.
31.3 Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
32. We are not responsible for viruses and you must not introduce them
32.1 We do not guarantee that our site will be secure or free from bugs or viruses.
32.2 You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
32.3 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
33. Rules about linking to our site
33.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
33.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
33.3 You must not establish a link to our site in any website that is not owned by you.
33.4 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
33.5 We reserve the right to withdraw linking permission without notice.
33.6 If you wish to link to or make any use of content on our site other than that set out above, please contact legal@fanatics.co.uk.
34. Our trademarks are registered
“KITBAG” is an English registered trademark of Fanatics (International) Limited. You are not permitted to use it without our approval, unless it is part of material you are using as permitted under clause 27 above (How you may use material on our site).