Faulty Goods

Title of Goods

Title to the goods does not pass to the purchaser until the goods have been paid for in full.

Claims and Shortages

Notification of damage or shortages must be made to Barrington Sports as soon as possible and certainly within 7 days of receipt of goods. Notification of non-delivery must be made within 14 days of invoice date.

Product Descriptions

We are careful to ensure that descriptions and photographs represent correctly the products available. As it is our policy to continually improve products, methods and materials, we reserve the right to change specifications from time to time. We will not make any significant variations without your agreement. Goods sold at discount prices as remnants or as substandard stock will be identified and will be stated to be sold as such.

Your Right to Cancel

We offer a "no quibble" refund policy for any goods (other than those listed in our returns policy) for any goods returned within 14 days of receipt so long as they are in "Perfect Condition" and fit for "Re-Sale" at their full selling price. This will not affect your statutory rights.

Summary of Rights and Remedies According to The Sale of Goods Act 1979

Buyers are entitled to goods of satisfactory quality, taking account of any description, the price and other relevant circumstances. If an item has a fault that is present at the time of sale (sometimes referred to as an "inherent" fault), the consumer can complain once it is discovered.

Buyers cannot expect a legal remedy in respect of:

  • Fair wear and tear

    In the case of Field Hockey sticks, this would include:

    1. The head wearing down due to use on synthetic pitches such as sand and water based artificial turf
    2. Pitting on and/or around the head
    3. Damage to decals through normal play

    In the case of Cricket bats, this would include:

    1. Flaking/facial cracks to the blade
    2. Loss of power/sweet spot
    3. Handle breakage
  • Misuse or accidental damage

    In the case of Field Hockey sticks, this would include:

    1. Any damage caused as a direct result of a stick collision
    2. Any damage caused by striking the ball with any area other than the front, flat part of the head. i.e. blading or performing the "Argentinean backhand" shot
    3. Lack of maintenance including the application of resins such as stick magic and the regular application of stick tape

    In the case of Cricket bats, this would include:

    1. Any damage due to lack of preparation including; sufficient knocking-in and the application of linseed oil, prior to use
    2. Any damage caused as the direct result of a badly mis-timed shot such as playing a Yorker or a thick edge
    3. Lack of maintenance including regular inspections of the toe, edges and blade for signs of cracking or weather damage, the application of fibreglass tape to areas that are flaking or showing signs of facial cracks
  • If they decide they no longer want the item

    Similarly, buyers cannot expect a legal remedy where goods have faults that they knew about before the sale or that should have been evident on reasonable inspection.

Remedies

If a product that was faulty at the time of sale is returned to the retailer, the buyer is legally entitled to:

  • A full refund, if this is within a reasonable time of the sale ("reasonable time" is not defined in law but as a reasonable guide is considered to be within 4 weeks of receipt of goods. This guideline was advised by "Trading Standards")
  • A reasonable amount of compensation

Additional rights for consumers

Alternatively, consumers can choose to request instead:

  • A repair or replacement. The retailer can decline either of these if he can show that they are disproportionately costly in comparison with the alternative. If neither repair nor replacement is realistically possible, consumers can request instead:
  • A partial or full refund, depending on what is reasonable in the circumstances.

It may be the case that a full refund is not the reasonable option because the consumer will have enjoyed some benefit from the goods before the problem appeared. This needs to be taken into account before a reasonable partial refund can be assessed. In the case of hockey sticks where their expected life is one season (9 months), any refund offered would take into account the age of the stick based on their expected life. In the case of cricket bats where their expected life is two seasons (18 months), any refund offered would take into account the age of the bat based on their expected life.