Retail Membership Product Sale Terms and Conditions
These Terms and Conditions (“the Terms”) apply to the exclusive sale of retail membership product packs (“Product”) offered by Newcastle United Football Company Limited (a company registered in England and Wales with company registration number 00031014) of St James' Park, Newcastle Upon Tyne, Tyne & Wear, NE1 4ST (referred to as “Newcastle United”, “We”, “Us” or “Our” in these Terms).
These Terms govern the purchase, delivery, and use of the products, as well as the responsibilities of both Newcastle United and you, the customer. By accessing the sale page and placing an order, you agree to be bound by these Terms.
1. How the Contract is Formed Between You and Us 1.1 The steps you need to take to place an order on our site are set out on the order pages.
1.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
1.3 After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to purchase a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending an email confirming that the Product is in the despatch process (“Despatch Confirmation”). The contract between you and us will only be formed when we send you the Despatch Confirmation.
1.4 The contract between you and us will relate only to those Products whose despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products have been confirmed in a separate Despatch Confirmation.
2. Product Packages 2.1 The Products available for purchase are: 2.1.1 Adult Pack, which includes a photocard book (featuring 10 memories from Season 2024/25), four pin badges, a bottle opener, and a key ring; and 2 2.1.2 Junior Pack which includes a water bottle, lunch bag, and croc charms.
3. Eligibility 3.1 By placing an order through our site, you promise that: 3.1.1 you are legally capable of entering into binding contracts; and 3.1.2 you are at least 18 years old.
3.2 The Products are exclusively available to members. By purchasing, you confirm that you are a current member (or are buying on behalf of a junior member).
4. Accessing the Product 4.1 Members will receive an email containing a unique, non-transferable link to the Newcastle United website. This link will direct members to the product sale page, where they can purchase the available items. The link is for personal use only and must not be shared with anyone else.
4.2 Junior Packs are available exclusively for junior members of Newcastle United. All purchases of Junior Packs must be made by an adult (aged 18 or over) on behalf of the junior member.
5. Delivery Our delivery charges are as set out on our website.
6. Payment 6.1 Full payment is required at the time of purchase.
6.2 The Products are priced at £9.99 (nine pounds and ninety-nine pence) each.
6.3 Product prices are inclusive of any and all value added tax applicable in the UK or elsewhere in the European Union. If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
6.4 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation.
6.5 The acceptable methods of payment are referred to on our website. We have the right to vary the acceptable methods of payment without notice from time to time. However, if you have already submitted your order and the payment method you used is subsequently discontinued we will still try to process your order using the original payment method and will contact you if there is any issue which prevents this.
6.6 You confirm that the credit or debit card that is being used is yours. If the issuer refuses to authorise payment, we will not accept your order and we will not be responsible for delay or non-delivery and we are not obliged to inform you of the reason for refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit or debit card payment in accordance with your order.
7. Returns and Refunds 7.1 We allow you on a “goodwill” basis to return any Product purchased from us in its original condition within 28 days of delivery and receive a refund of the purchase price of such Product. We reserve the right to refuse to accept any returned Products that have been damaged or tampered with.
7.2 We will refund your reasonable delivery costs of returning faulty Products upon presentation of valid proof of purchase. Otherwise, you are responsible for all shipping and delivery costs of returning Products.
7.3 Please note that the delivery of returned Products to us is at your own risk. We recommend that you use a courier or signed-for service when returning Products.
7.4 If you return a Product to us in accordance with clause 7.1 or because you consider that the Product is defective, we will examine the returned Product and will notify you of your refund or otherwise via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price you paid us for a defective Product in full, including any applicable delivery charges and any reasonable costs you incur in returning the item to us. In all other cases you will be responsible for all postage and packaging costs for the return of the Product.
7.5 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
7.6 In the event that any item included in a Product package becomes unavailable, Newcastle United reserves the right to substitute the item with another of equal or greater value. Any such substitute will be of similar type and quality. Substitutions will not entitle the customer to a refund or exchange unless the substituted item is faulty.
8. Our Liability 8.1 We are responsible for any loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable or caused by events outside our control. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into a contract with you pursuant to these Terms. We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes. We will not be liable for losses that result from our failure to comply with these Terms that fall into the following categories: 8.1.1 loss of income or revenue; 8.1.2 loss of business; 8.1.3 loss of profits; 8.1.4 loss of anticipated savings; 8.1.5 loss of data; or 8.1.6 waste of management or office time.
8.2 Nothing in these Terms excludes or limits our liability for: 8.2.1 death or personal injury caused by our negligence; 8.2.2 fraud or fraudulent misrepresentation; 8.2.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979; 8.2.4 any breach of these terms implied by sections 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); 8.2.5 defective products under the Consumer Protection Act 1987; or 8.2.6 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
9. Data Protection Your data will be used solely for the purpose of processing your order, managing your membership, and sending you relevant communications. For more information, please refer to our https://www.newcastleunited.com/en/privacy-policy.
10. Events Outside Our Control 10.1 We will not 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 events outside our reasonable control (“Event Outside Our Control”).
10.2 An Event Outside Our Control includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: 10.2.1 strikes, lock-outs or other industrial action; 10.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; 10.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; 10.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; 10.2.5 impossibility of the use of public or private telecommunications networks; and 10.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
10.3 Our performance of any of our obligations to you will be suspended for the period that the Event Outside Our Control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Event Outside Our Control to a close or to find a solution by which our obligations to you may be performed despite the Event Outside Our Control. If the Event Outside Our Control continues for a period of 30 days you may elect to cancel your order. If you wish to cancel, you must contact us in order to inform us of the same, and we will issue you with a full refund, including any delivery charges). Please note that if you elect to cancel in accordance with this clause 10.3 after any Products have been despatched to you, your refund will be subject to you returning such Products to us in a saleable condition. We will refund your reasonable costs in returning the Products to us.
10.4 The rights described in this section are in addition to, and do not affect, your statutory rights under applicable consumer law, including your right to return faulty or misdescribed products and to receive a refund. For further information about your statutory rights, please refer to the Consumer Rights Act 2015.
11. General 11.1 We reserve the right to amend these Terms at any time. Any changes will be posted on this page and will take effect immediately upon publication.
11.2 When we use the words "writing" or "written" in these Terms, this includes email and other electronic communications.
11.3 If you breach these Terms and we take no action against you, this will not act as a waiver of any of our rights or remedies under these terms and conditions or otherwise.
11.4 Please note that these Terms are governed by English law. This means that a contract between you and us for the purchase of Products through our site and any dispute or claim arising out of or in connection with it (including, but not limited to, non-contractual disputes and claims) will be governed by English law.
11.5 You can bring proceedings in respect of these terms and conditions in the English courts. However, as a consumer, if you live in Scotland you can bring legal proceedings in respect of these terms and conditions in either the Scottish or the English courts; if you live in Northern Ireland you can bring legal proceedings in respect of these terms and conditions in either the Northern Irish or the English courts; and if you live in another European Union Member State you can bring legal proceedings in respect of these terms and conditions in either the English courts or the courts of the Member State in which you live.
11.6 You will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law.