Trade-In Terms and Conditions
1. WHO ARE WE?
This paddleboard trade-in programme is a service provided to you by West End Outdoors with our registered office at Unit 12C2, Anniesland Business Park, Glasgow, G13 1EU, United Kingdom. Our VAT number is GB366959728. Please understand that the Trade-In Programme and these Terms and Conditions are between you and West End Outdoors only.
2. APPLICATION OF THESE TERMS AND CONDITIONS
These Terms are considered a contract between you and West End Outdoors and apply to the trade-in of your Trade-in product (defined below), in consideration of the mutual promises and such other good and valuable consideration. These Terms shall govern the payment, if any, you receive for your Trade-in Product. If you do not agree to these Terms, you should not send in your product for the Trade-in Programme.
Please read these Terms carefully before offering to trade-in any products to us (you may wish to print a copy for your record). If you think there is a mistake in these Terms, or there are any terms that you do not understand, then please contact us.
In offering to trade-in any product to us, you are confirming to us that:
You are at least 18 years old, or, if you are under 18 years of age, you have obtained your parent or guardian’s permission to trade-in your product; and
You are a resident in the United Kingdom; and
You are accessing our site from that country; and
You are legally capable of entering into a binding contract; and
You own the product.
3. OVERVIEW. Subject to these Terms and procedures set forth herein, you may trade-in any product listed as eligible for the Trade-in Programme as outlined in the trade-in form on the West End Outdoors website. Subject to these terms and conditions, you will receive credit from West End Outdoors on our behalf in the following form:
a. a voucher of £100 equivalent value to use exclusively on full-price products on westendoutdoors.co.uk or in our physical retail store at Unit 12C2, Anniesland Business Park, Glasgow, G13 1EU.
After you complete the Trade-in questions on the West End Outdoors website (https://www.westendoutdoors.co.uk/sup-trade-in/), you will be provided a reference number for your trade-in. This reference number helps us track the progress of your trade-in and issue the correct voucher amount. Please keep a note of this reference number and quote it in any contact with us about the trade-in. This code will be emailed out to you providing the correct email address has been inputted into the website trade-in form.
The voucher offered is subject to your strict compliance with these terms and remains subject to West End Outdoors’ inspection that we will perform after we receive your Trade-In product. To receive the voucher as provided, you must send your Trade-In product to West End Outdoors to be received by us within fourteen (14) days of submitting your form. You must also meet all of the requirements set out in these Terms, including the product Eligibility Requirements in Section 4 below. You may incur additional charges or set offs against the offered voucher amount if you do not ship your Trade-In to West End Outdoors within the required time period, if your Trade-In product fails to meet all of the product Eligibility Requirements, or if you otherwise do not comply with these Terms.
West End Outdoors will confirm receipt of your Trade-In product within five (5) business days from when we receive your product. If you bought your Trade-In product under an equipment installment plan or other financing plan or if you entered into a service contract with any other retailer or provider, you will be responsible for any and all remaining payments under such plan or contract, including any contract termination fees. West End Outdoors is not responsible for any Trade-In product that is leased after being shipped to us. You will remain responsible for all payments, penalties, fees and costs related to any leased product that is submitted to West End Outdoors.
4. HOW TO SELL US YOUR PRODUCT, ELIGIBILITY REQUIREMENTS AND WHEN A CONTRACT IS FORMED
To be eligible for trade-in, your Trade-In Product must meet all of the requirements stated in this Section, as determined by West End Outdoors in its sole discretion:
a. You may trade in only one (1) pre-owned product per purchase of a new product from West End Outdoors under this Trade-In Programme. When it comes time to redeem the voucher, you may only use one (1) voucher per transaction.
b. You must accurately represent the make, model and condition of your product when completing the Trade-In Questions. West End Outdoors in its sole discretion determines which products/product conditions are eligible for trade-in (which may vary from time to time), as set out on the West End Outdoors website.
c. You must accept the £100 voucher value quoted at the conclusion of the Trade-In Questions;
d. Your Trade-In product must hold pressure, with no damage beyond general wear and tear;
e. You must deflate and package your Trade-In product prior to sending it to West End Outdoors;
f. At the time of trade-in, you must be the owner of the Trade-In product and the Trade-in product must not be reported as lost or stolen. If it is found that you have traded-in a product without permission of its rightful owner, we will notify the relevant authorities and provide any or all information given to us.
g. Before shipping your Trade-In product to West End Outdoors, please clean the product to a reasonable standard, leaving no excessive dirt or plant matter.
i. Please remove all, leashes, paddles, bags, locks and any other accessories before sending the product to West End Outdoors. Any such items sent with your Trade-In product will not be returned and will be considered abandoned by you; and
j. You must post WEST END OUTDOORS your Trade-In Product in accordance with these Terms after your acceptance of the voucher value offered to you upon your completion of the Trade-In Questions.
By completing the Trade-In questions, you are offering to enter into a contract with us. Your Contract with us will be formed when we quote the voucher value and incorporate these terms.
5. ADJUSTMENTS/RETURNS/REJECTED TRADE IN PRODUCTS.
The final offer for your Trade-in product (“Post Inspection Value”) remains subject to the final inspection we will perform on your Trade-In product once we receive it. Factors that may result in an adjustment to our valuation of your Trade-In Product include, but are not limited to:
The make, model or condition of your product is different to that represented by you when completing the Trade-in Questions on the West End Outdoors website;
We do not receive your Trade-in Product within the Trade-in Window set out at Section 3;
Your Trade-in Product is otherwise faulty in some regard (that may or may not be apparent on a casual visual inspection, including: leaks when under reasonable pressure, deep tears/scratches in pvc layers, deckpad/handles no longer fully attached to board, valve faulty).
You will receive an email from West End Outdoors within five (5) business days from receipt of your Trade-In Product that will either: (i) confirm the issuing of the £100 voucher offered; or (ii), let you know that your product is being returned to you without any payment if the Post-Inspection value as we have deemed the product no to meet the criteria outlined in section 4. If West End Outdoors confirms the product matches the trade-in criteria, we shall issue your £100 voucher code via the email address provided in the original trade-in form. This voucher code is for use exclusively on full-price products on westendoutdoors.co.uk, and in our physical retail location at Unit 12C2, Anniesland Business Park, Glasgow, G13 1EU.
If you change your mind and elect to not trade-in your Trade-In Product before shipping your Trade-In Product there is nothing for you to do.
Except as set out in these terms, Trade-In Products cannot be returned under any circumstance once your Trade-In Product is accepted by West End Outdoors, and your voucher has been issued.
You may not include a damaged battery when trading your product. If your product exhibits a damaged battery (for example, is leaking fluid, is too hot to touch or the product casing is swollen), this is not eligible for trade-in and you should not send this product to West End Outdoors. Please note that for safety reasons we cannot return products with damaged batteries (e.g. battery swelling) and that no value will be paid or credited for such products.
If you choose to return a product that you have purchased from us using the voucher gained from a trade-in transaction, we will refund you the transacted amount minus the value of the voucher.
7. SENDING US YOUR PRODUCT
It is the customers responsibility to send the trade-in product to West End Outdoors, with their reference number clearly visible on the outside of the packaging, or written on a note securely included, and we must receive it within the Trade-in Window set out at Section 3e. Trade-In Products received outside of the Trade-in Window may result in an adjustment to our valuation of your Trade-in Product.
Please send your products to our registered address; West End Outdoors, Unit 12C2, Anniesland Business Park, Glasgow, G13 1EU
It is your responsibility to ensure your product is securely packaged, and we accept no liability if your product is lost or damaged during shipping. If your Trade-In Product is damaged in transit, you may fail our inspection and the product may be returned to you free of charge. You must strictly follow the instructions provided by West End Outdoors.
8. RISK IN AND OWNERSHIP OF THE PRODUCT
Risk to your product will transfer to us once we receive your product at the address specified in the shipping instructions provided to you in accordance with paragraph 7 of these Terms. Notwithstanding, we will not be liable or responsible for any risk related to You sending us a product that has any battery damage including but not limited to as described in Section 5 of this Agreement.
In sending us your product, you confirm that you own all rights, title and interest in your Trade-In Product and you agree to transfer the same to West End Outdoors. Title to your Trade in Product shall transfer to us upon inspection of your Trade-In Product by West End Outdoors except for those products that are ineligible for Trade-In. Upon transfer of title to us, you disclaim any and all right, title or interest in and to the Trade-In Product, including the right to sell, dispose, or otherwise collect, where applicable, its value. No trade in value is offered on anything other than your Trade-In Product itself.
Attempting to sell us a product you do not own could amount to a criminal offence.
You acknowledge that as part of our licensing obligation, your personal information along with the product serial number may be submitted to the police data system for verification purposes and to assist with checks for lost or stolen property. If your product is found to have a ‘red flag’ against it, indicating that it has been lost or stolen, we will notify you by email.
If the ‘red flag’ is not removed by the end of the Quarantine Period, we are prohibited by law from returning the product to you, and we may pass the product to the Police or other relevant law enforcement agency. You will not receive any payment in such circumstances, and we accept no liability for any loss you suffer.
9. MISCELLANEOUS ADDITIONAL TERMS
• The Trade-In Programme is offered and administered by West End Outdoors.
• West End Outdoors reserves the right to decline or cancel your participation in the Trade-In Programme, with or without advance notice, if we believe that your participation is enabling a fraudulent or illegal purpose.
• By participating in the Trade-In Programme, you understand and agree that it may be necessary for West End Outdoors, its affiliates, partners and agents, to collect, process, transmit, maintain, share, and use certain of your personal information, such as your name, address, and information related to your method of payment, to perform the service and support obligations under the Trade-In Programme. At all times, West End Outdoors will treat your information in accordance with the West End Outdoors Privacy Policy.
• Neither the West End Outdoors Trade-In Programme eligibility nor the voucher value offered by West End Outdoors are transferrable to any other person or entity.
10. EVENTS OUTSIDE OUR CONTROL
Neither of us will be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an event outside our control (including but not limited to strikes, fire, storm, flood or other natural disaster, or failure of telecommunications networks or impossibility of the use of transport).
If either of us are unable to perform our obligations as a result of any event outside their control, the affected party will contact the other party as soon as reasonably possible and shall take steps to minimise the effect of any delay. Provided they do this, the obligations of that party shall be suspended for the duration of the event outside of their control and they will not be liable for any delay caused by the event.
11. LIMITATION OF LIABILITY
We are responsible for loss or damage you suffer that is a foreseeable result of our breach of any contract with you or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach or if they were contemplated by you and us at the time we accept your offer of sale. However, you additionally agree that West End Outdoors’ total liability to You will not exceed the offered voucher amount, as may be applicable.
We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or for any breach of any terms implied by law.
12. ALTERNATIVE DISPUTE RESOLUTION
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 use alternative dispute resolution but this does not prevent you going to court if you are still not satisfied with the outcome.
13. OTHER IMPORTANT TERMS
a. The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
b. We may transfer our rights under any contract with you to another organisation, provided that your rights and experience in using the services are not affected by that transfer. We will tell you in writing if this happens. You must not transfer any of your rights and obligations under any contract unless we agree.
c. If any provision (or part of any provision) of these Terms is found to be illegal, invalid or unenforceable under any applicable law, such term shall, insofar as it is severable from the remaining terms, be deemed omitted from these Terms and shall in no way affect the legality, validity or enforceability of the remaining terms.
d. If we do not insist that you perform any of your obligations under these Terms, or where we do not enforce, or delay enforcing our rights, that will not mean that we have waived our rights nor that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
e. These Terms are governed by Scottish law and the Scottish courts shall have non-exclusive jurisdiction to hear any dispute or claim arising out of or in connection with these Terms. This means you may bring a claim to enforce your consumer protection rights in connection with these Terms in Scotland, or if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, or if you are a resident of England, you may also bring proceedings in England.
14. YOUR RIGHTS AS A CONSUMER
As a consumer, you have certain legal rights. Advice about your legal rights is available from your local Citizens’ Advice Bureau. Nothing in these Terms will affect these legal rights.
15. OUR RIGHT TO MAKE CHANGES
We may update or amend these Terms to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements, and changes in our system’s capabilities. All such changes will be forward-looking only and won’t affect any set of Terms that has already been accepted by the owner of a Trade-in Product so as to form a contract between us and that owner in relation to that Trade-in Product.
These Terms were last updated on [May 13, 2022].
