Terms & Conditions

There are just a few, but nonetheless are important. Please read below the conditions of sale and use of the websites operated by RPM Sports.

Updated 8th October 2011

Restrictions on use

This site is owned and operated by RPM Sports Limited ("RPM Sports") and contains material which is derived in whole or in part from material supplied by RPM Sports, its customers, agents and other sources. The material on this site is protected by international copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from this site including code and software without express permission from RPM Sports. You may download material from this site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

Images and Video content

All text, photo, graphic, audio, and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium without prior consent from RPM Sports or one of its direct agents. The content or any portion thereof may not be stored in a computer except for personal and non-commercial use. RPM Sports will not be held liable for any delays, inaccuracies, errors, or omissions, or in the transmission or delivery of all or any part thereof or for any damages arising from any of the above.

Content Submitted to the site

By posting messages, uploading files, inputting data, or engaging in any other form of communication through this site, or directly with RPM Sports via other forms of written and/or oral communication, you are granting RPM Sports a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:

Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication. An unrestricted licence is also granted to any third parties as decided by RPM Sports to make use of the communication in whole or part.

The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, servicemark or patent laws under any relevant jurisdiction.

Disclaimer

RPM Sports has provided links and pointers to Internet sites maintained by third parties. RPM Sports do not control in any respect any information, products or services on these third-party sites. The materials in this site and the third-party sites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, RPM Sports disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. RPM Sports does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site, including message boards, or the server that makes it available, are free of viruses or other harmful components. RPM Sports does not warrant or make any representations regarding the use or the results of the use of the materials in this site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.

Website Purchases

This website offers a facility to make a purchase of one or more of various NSD Power®ball products, parts and/or associated accessories and services associated with the NSD Power®ball range.

By selecting your purchase, and entering your billing and shipping details as applicable and finally entering payment details for your item(s) and/or service(s) you would like to purchase you are asking RPM Sports to accept an order from you. RPM Sports will review the order details and if satisfied will agree to enter into a contract to offer the item(s) and/or service(s) your have elected to purchase.

RPM Sports reserve the right to refuse any order requests for any reason, including (but not limited to) lack of sufficient stock, violation of existing agreements with other users and/or agents, and inaccuracies or omissions in details such as pricing.

If an order is refused, RPM Sports will notify the customer by email to the address provided during the ordering process and will refund the card or PayPal account as applicable.

At no stage is an order deemed to be accepted by RPM Sports until an email is sent by RPM Sports confirming dispatch of the order.

Order Shipping

International shipments may be subject to import taxes and/or customs fees. These fees may be applied to some packages by customs agents when a package reaches its destination country. The decision to apply duty to a shipment and the rate charged is at the discretion of the customs agent and is completely outside of the control of RPM Sports. All customs and related charges are the responsibility of the recipient.

We aim to dispatch all orders with one business day. Occasionally, it may be necessary to delay dispatch of an order because of a delay with payment processing or in sitiuations where funds have not yet cleared. It may also be necessary to delay dispatch where our payments partners have advised us to perform additional checks before dispatching an order or indeed where our internal order monitoring "flags" an order for further checks. In all such cases, where dispatch is delayed and subsequently cleared after additional checks have been performed, we will upgrade shipping to a priority postal service once checks have been completed.

Order shipping times have been calculated based on previous deliveries, though are approximate and should not be taken as a guarantee of delivery within the specified time-frames.

USA Shipments: Due to new safety regulations applied to all USA inbound air freight since November 18th 2010, it is not possible to absolutely guarantee delivery times to USA addresses. We comply with all customs procedures outlined by US customs and implement all necessary means to ensure that all shipments to the US reach there within the best possible time frame before they enter US customs. We recommend that you should allow for an additional 2 to 3 business days before your order is received in case it is held for inspection by US customs.

Repairs & Warranty Information

Under the terms of the warranty provided by RPM Sports, any NSD Power®ball purchased directly from RPM Sports (and not through one of its agents) is covered by an unconditional lifetime warranty. At any stage, the NSD Power®ball may be returned (at the customer’s own expense) to RPM Sports and a refund of the original purchase price will be made. Original shipping costs are not refunded. It is the recommendation of RPM Sports that any NSD Power®ball which is returned for a refund should be sent via a recorded delivery service so as to ensure its safe arrival. RPM Sports will not be liable for any packages which are lost in transit to them.

If an NSD Power®ball is purchased from a third party and has originated from RPM Sports, it is eligible for a conditional lifetime warranty. The warranty provided is a manufacturers warranty and covers product defects such as broken rotors and faulty LCD counter units.

In all cases, the product component which has failed must at the customer’s own expense be returned to RPM Sports. When the defective component is received and inspected a replacement component will be dispatched immediately via a standard postal service to the customer›s preferred location. RPM Sports will not be liable for faulty components which are lost or delayed in transit to RPM Sports.

Should a customer prefer, they may also return a complete NSD Power®ball to RPM Sports for repair. The customer is liable for all postal costs and RPM Sports recommends that the customer use a recorded delivery service when sending the NSD Power®ball for repair to ensure its safe arrival. RPM Sports will not be liable for any packages which are delayed or lost in transit to RPM Sports.

On receipt of an NSD Power®ball for repair, RPM Sports will repair the unit and return it to the customer via a normal postal service.

Refund and Return Policy

Cancelled orders for which payments have already been received will be refunded:

RPM Sports reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet RPM Sports’ standards. Should RPM Sports exercise this right, the customer will receive a full refund with no deductions.

Damages and/or discrepancies must be reported to RPM Sports within 14 days of order dispatch.

Cancellations, damages, returns, or complaints regarding the standard and quality of the product or products bought by consumers through the e-commerce facility should be directed in writing to RPM Sports Nenagh Road, Thurles, Co Tipperary, Ireland.

Updating of these Terms and Conditions

RPM Sports reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

Limitation of liability

Under no circumstances, including, but not limited to, negligence, shall RPM Sports, its agents or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, RPM Sports products and/or services. You specifically acknowledge and agree that RPM Sports is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any RPM Sports products, services and/or material, or with any of RPM Sports’ terms and conditions, your sole and exclusive remedy is to discontinue the use of products, services and/or material as provided by RPM Sports.

Termination

This agreement is effective until terminated by RPM Sports, at any time without notice. In the event of termination, you are no longer authorized to access the web site(s) or message boards and the restrictions imposed on you with respect to material downloaded from the web site(s), the disclaimers and limitations of liabilities set forth in this agreement, shall survive.

Other

This agreement shall be governed by and construed in accordance with the laws of Ireland without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

RPM Sports Powerball products are not products intended for Japan