Terms of Use

Website – Terms

1. Welcome to the Naylor Sport website
   1. We are Naylor Sport, established in Winnipeg, Manitoba, Canada.
      Manitoba Company Registry Number: 10192384
      E-mail address: info@naylorbiathlon.com.
   2. These are the terms of use for our website accessible via naylorbiathlon.com.
2. Privacy
   This website uses cookies as indicated in our cookie policy. Your personal data are processed in accordance with our data protection policy.
3. Intellectual property
   1. If you comply with these terms, we grant you a non-exclusive, non-transferable, limited and revocable right of use of the website for non-commercial purposes, as described in this document.
   2. This website and all content that we put at your disposal, including software, pictures, graphic elements, logos, documents, texts, slogans, user content, and other information (“Content”), as well as all related intellectual property rights (including copyrights, database rights and trademark rights) and other rights, are our exclusive property, or are the property of their respective holders.
   3. You are not allowed to copy, display, republish, translate, offer, transfer or distribute in any way, any part of the website or of the Content, expect as explicitly allowed in these terms or otherwise explicitly permitted in writing by us and the respective holders.
4. Contents
   1. Naylor Sport may provide links to third party apps/contents/services for information purposes.
   2. Naylor Sport may also allow users to post contents such as pictures, ratings, reviews, comments, questions, and other information (“User Contents”), which are the property of the user concerned.
   3. You agree not to post User Contents with any commercial or professional purposes or that may be unlawful, harmful, abusive, offensive, defamatory, infringing, harassing, invasive of personal privacy or otherwise inappropriate. We reserve the right to refuse and/or remove any User Contents that we believe, in our sole discretion, violate these terms.
   4. By posting User Contents on this website: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide and irrevocable license to use, modify, translate, reproduce, publish and distribute your User Contents in connection with Naylor Sport and any other of our services and of the services of our affiliated companies; you grant each User of this website a non-exclusive, non-transferable and royalty-free license to use your User Contents as permitted through the features of the website and in accordance with these terms; you represent and warrant that you have all rights necessary for the purpose of this section.
5. Liability
   1. We do not explicitly or implicitly make any commitment concerning: the website’s availability at a specific place and a specific point in time, or its compatibility with your hardware, or undisturbed use, continuity, the absence of viruses, bugs or other faults and any remedies; the website’s content, including the User Contents and the links to third party apps/contents/services.
   2. To the extent permitted by applicable law, we are not liable for any harm resulting from the website and our products and services, unless in the case of intentional fault.
   3. Our liability is in any case excluded for indirect damages such as loss of income, loss of productivity and loss of data, or for moral damages, including (but not limited to) reputational damage.
   4. The limitation of liability in the foregoing sections applies to the extent permitted by applicable law, irrespective of the applicable liability regime, and even in case of serious fault.
   5. Despite the foregoing provisions, if Naylor Sport is found liable, our liability is, in any case, limited to 100 CAD.
6. Final provisions
   1. These terms are exclusively governed by Canadian law. The courts of the place of our registered office have exclusive jurisdiction to settle any dispute regarding these terms, without prejudice to the applicable mandatory law that provides that the courts of your place of residence are competent.
   2. If you do not accept these terms, then you must stop all use or visiting of the website.

Products – Terms

1. Identity of the vendor
   We are Naylor Sport, established in Winnipeg, Manitoba, Canada.
   Manitoba Company Registry Number: 10192384
   E-mail address: info@naylorbiathlon.com.
2. Definitions
   
   Naylor Sport
   Naylor Sport whose details are mentioned under 1 above.
   Client (hereinafter ‘you’ or ‘Client’)
   Any natural or legal person with whom Naylor Sport enters into an agreement or with whom Naylor Sport is negotiating about the conclusion of the agreement.
   Consumer
   Any natural person who is acting for purposes which are outside his trade, business, craft or profession;
   Product
   Any good or service offered by Naylor Sport
3. Applicability
   1. Naylor Sport’s conditions of sale apply to every offer of product from Naylor Sport to the Client.
   2. Naylor Sport delivers exclusively to Canada, United States, and the European Union. If you submit a delivery address outside these countries, Naylor Sport reserves the right to decline the order.
   3. To be able to place an order, you must be above the age of 18 and not legally incapacitated and have a valid e-mail address. If it comes to Naylor Sport’s attention that an order is made by a minor, Naylor Sport reserves the right to decline the order.
   4. You shall bear the sole and exclusive responsibility for all aspects of your product use, including the compliance with all federal or local government firearm regulations that may apply to you. These rules may vary in each country. It is your responsibility to assess your compliance in this respect.
   5. Placing an online order on the website constitutes a formal acceptance of Naylor Sport’s conditions of sale, and of Naylor Sport’s data protection policy, which are available on our website.
4. Our offer and your order
   1. Naylor Sport explicitly states in its offer when it is only valid for a constrained period of time or is subject to specific conditions other than those set out in these conditions of sale
   2. Naylor Sport describes in a clear, complete and accurate way the products it sells to you, as well as the steps of Naylor Sport’s delivery process.
   3. The purchase agreement between us is concluded once Naylor Sport confirms your order in writing. The confirmation will follow after Naylor Sport receives approval from the issuer of your card. Orders without valid payment by name of the registered cardholder will not be accepted or processed by Naylor Sport. When you use the bankcard from another cardholder, you confirm you have the permission to use that bankcard to make the purchase from Naylor Sport and issue the payment. Should the issuer of your card refuse to agree on your payment to Naylor Sport, Naylor Sport cannot be held responsible for any delays in the delivery and/or non-delivery of your order. Naylor Sport accepts the following payment methods: Visa, MasterCard and PayPal.
   4. Naylor Sport shall deliver the goods within 30 days of Naylor Sport’s written order confirmation.
   5. In order to purchase a product, you add it to your shopping cart. Next, you submit your contact details and billing data. Subsequently, you confirm the delivery via Mondial Relay. In the final step you are led to an overview page. By pressing the button “order and pay”, you accept Naylor Sport’s conditions. If you have completed these steps, your order becomes final.
   6. These terms and conditions may be updated from time to time. We reserve the right to modify, amend, or change these terms and conditions at any time, with or without notice to you. It is your responsibility to review these terms and conditions periodically to ensure that you are aware of any changes. By continuing to use our products after any modifications, amendments, or changes to these terms and conditions, you agree to be bound by such revised terms. Furthermore, we reserve the right to apply the new limitations or any other changes retroactively to previous purchases.
5. Right of withdrawal
   1. If you are a consumer, you have the right to withdraw from your purchase and return your order without giving any reason.
   2. The withdrawal period shall expire after 30 days from the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the goods. When goods are delivered in multiple lots or pieces, the withdrawal period shall expire after 30 days from the day on which you acquire the physical possession of the last lot or piece.
   3. Please note that you cannot exercise a right to withdrawal in case of goods made to the consumer’s specifications or clearly personalised.
   4. You shall send back the goods or hand them over to Naylor Sport, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
   5. The return shipping costs are at the customer’s expense. You shall handle the order as well as the packaging with the utmost care during the first 30 days after delivery. You, the customer, are responsible for returning products in their original condition. The product must be correctly protected, in its original packaging, in perfect condition for resale.
   6. Delivery refusal is considered a return, therefore return shipping fees will be applicable.
   7. You are liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. In order to establish the nature, characteristics and functioning of the goods, you should only handle and inspect the product in the same manner as you would be allowed to do in a shop.
   8. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of incorrect handling of the goods.
   9. In case you send the goods back to Naylor Sport, Naylor Sport can refuse repayment as long as Naylor Sport has not received the returned goods or until you have proved you have returned the goods, depending on which event occurs first.
   10. Naylor Sport shall reimburse you not later than 14 days starting from the day we received your returned goods. If Naylor Sport offers to collect the goods itself, you will be reimbursed within 14 days starting from the day you informed Naylor Sport to withdraw from the purchase agreement.
   11. Naylor Sport shall use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise and provided that you do not incur any fees as a result of such reimbursement. Naylor Sport shall not reimburse the supplementary costs, if you have expressly opted for a type of delivery other than the least expensive type of standard delivery offered by Naylor Sport.
   12. In order to exercise your right to withdrawal, you can fill out the form in annex (or make a similar unequivocal statement) and send it by mail or e-mail as indicated under 1 above. We will send you an acknowledgement of your withdrawal.
6. Price
   1. The applicable prices are those in force at the moment of the conclusion of the purchase agreement. During the period Naylor Sport mentions in its offer, Naylor Sport’s prices do not change, except for price changes that may result from changes in tax rates.
   2. Unless provided otherwise, the prices mentioned in our offers exclude all other taxes, and the shipping costs. The shipping costs may vary depending on the delivery mode and country of delivery.
   3. Naylor Sport will always inform you about the total price before you proceed to your order.
7. Payment
   1. We only accept advance payment through our website using the payment methods indicated on our website (see section 4 above).
   2. In order to guarantee safe online payment and the safety of your personal data, the transaction data will only be wired while encrypted with SSL technology. In order to make payments with SSL no special software is required.
8. Warranty
   1. If you are a consumer you have a legal warranty of 2 years for the goods you purchased from Naylor Sport. This 2-year warranty still applies if the biathlon stock is transferred to another owner, and the warranty expires 2 years after the biathlon stock was originally (first) purchased.
   2. This warranty covers all original components against defects in workmanship and materials (e.g. in case the products do not correspond with the product description in the user manual or do not correspond with the advertisement of the product).
   3. During the first six months of your warranty, you do not have to prove the defect was already present when you bought the product.
   4. The warranty does not cover damages or defects due to accidents; an incorrect assembly or installation of the product by the user; an improper or negligent use; operation or transformation of the product; a maintenance contrary to the maintenance instructions of the product (eg. lack of maintenance of the brakes).
   5. The warranty does not extend to parts that naturally deteriorate and need to be replaced due to normal use. The anticipated lifetime of these parts is dependent on factors such as the extent of use, maintenance, and overall handling. It is the responsibility of the owner to regularly inspect and adequately maintain their biathlon stock, and replace parts when they have reached their wear threshold.
   6. The warranty explicitly excludes coverage for any issues arising from the alteration or transformation of the product. It is important to note that even a single modification can directly result in damages. Moreover, if such alterations lead to issues with other aspects of the biathlon stock, including its hardware, those specific issues will also not be covered under this warranty.
   7. Claims under the warranty must be made directly to Naylor Sport. Any repair under warranty needs to be executed by Naylor Sport or approved by Naylor Sport in advance. If not, Naylor Sport has the right to refuse the warranty claim.
   8. If a warranty claim is accepted, we will, in our sole discretion, provide a replacement (which is not necessarily identical) for any defective part or component(s), or we may make reasonable commercial efforts to fix the part or components. Naylor Sport will cover the expenses of the part, shipping, and any associated repair labor costs. Any additional transportation costs (such as those incurred if the customer requests an on-site technician to carry out the repair, or travel expenses to and from a service point) will be the responsibility of the customer.
   9. Any replacement parts or components will be covered under warranty for the same length of time as the original product, and will expire at the same time as the original product’s warranty.
   10. The warranty referred to in this article applies to products intended for use within Naylor Sport shipping countries: Canada, United States, and nations within the European Union. Naylor Sport has no (warranty) obligations towards the consumer should the product be used outside those countries.
9. Delivery and execution
   1. All products are delivered to the address you gave Naylor Sport as delivery address or address of execution of the service.
   2. The delivery period indicated by Naylor Sport shall be based on the circumstances applicable to Naylor Sport at the time the agreement was entered into.
   3. Unless the parties have agreed otherwise of the time of delivery, Naylor Sport shall deliver the goods by transferring the physical possession or control of the goods to the consumer without undue delay, and not later than 30 days from the conclusion of the contract.
   4. Where Naylor Sport has failed to fulfil its obligation to deliver the goods at the time or within the time limit agreed upon with you, you shall call upon Naylor Sport to make the delivery within an additional period of time appropriate to the circumstances. If Naylor Sport fails to deliver the goods within that additional period of time, you shall be entitled to terminate the contract.
   5. When Naylor Sport dispatches the goods to you, the risk of loss of or damage to the goods shall pass to you when you or a third party indicated by you and other than the carrier has acquired the physical possession of the goods. However, the risk shall pass to you upon delivery to the carrier if the carrier was commissioned by you to carry the goods and that choice was not offered by Naylor Sport, without prejudice to your rights against the carrier.
10. Force majeure
    1. If Naylor Biathlon is unable to fulfill any of its obligations towards the Client due to force majeure, these obligations shall be suspended during the force majeure situation.
    2. Events of force majeure are all circumstances external to Naylor Sport’s will and control that render the respect of our obligations completely or partly impossible. Such events include amongst others strikes, fire, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the webshop, late delivery or absence of delivery by suppliers or other third parties.
11. Intellectual property
    1. All content that we put at your disposal via our website and any other communication mean, including software, pictures, graphic elements, logos, documents, texts, slogans, user content, and other information (“Content”), as well as all related intellectual property rights (including copyrights, database rights and trademark rights) and other rights, are our exclusive property, or are the property of their respective holders.
    2. You are not allowed to copy, display, republish, translate, offer, transfer or distribute in any way, any part of the Content, expect as explicitly allowed in these conditions or otherwise explicitly permitted in writing by us and the respective holders.
12. Liability
    1. To the extent permitted by applicable law, we are not liable for any harm resulting from our products, unless in the case of intentional fault.
    2. Our liability is in any case excluded for indirect damages such as damages resulting from an accident, loss of income, loss of productivity and loss of data, or for moral damages such as reputational damage.
    3. The limitation of liability in the foregoing sections applies to the extent permitted by applicable law, irrespective of the applicable liability regime, and even in case of serious fault.
    4. Despite the foregoing provisions, if Naylor Sport is found liable for a given damage, Naylor Sport’s liability is, in any case, limited to the price you have paid for the Naylor Sport products concerned or to the sums effectively paid to Naylor Sport by its insurance for the indemnification of the damage concerned, whichever is higher.
13. Complaints
    1. If you would have complaints concerning Naylor Sport’s products, please do not hesitate to contact us as indicated under 1 above.
    2. These conditions are exclusively governed by Canadian law, regardless of your place of residence. The courts of the place of our registered office have exclusive jurisdiction to settle any dispute regarding these conditions, without prejudice to the applicable mandatory law that provides that the courts of your place of residence are competent.
14. Employee protection policy
    1. We do not accept any discriminative, abusive or harassing behaviour towards any of our Naylor Sport employees or partners and reserve the right to refuse service if this policy is violated.
15. Final provisions
    1. If, irrespective of the reason, a provision in this agreement is found invalid, void or unenforceable, then this declaration will not affect the validity of the other provisions. In such a case, the parties commit to replacing, by mutual agreement, the provision that is declared void, invalid or enforceable by a new provision that embodies, as closely as possible, the purpose of the parties and the spirit of these conditions.
    2. An omission or a negligence in enforcing a provision of these conditions does not imply a waiver of such provision.

Annex – Model withdrawal form

“MODEL WITHDRAWAL FORM”

(complete and return this form only if you wish to withdraw from the contract) – To Naylor Sport, info@naylorbiathlon.com

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

– Ordered on (*)/received on (*),
– Name of consumer(s),
– Address of consumer(s),
– Signature of consumer(s) (only if this form is notified on paper),
– Date

(*) Delete as appropriate.