Conditions Of Use
SPORTSERVE LTD ONLINE SALE TERMS AND CONDITIONS Our terms
1. These terms
1.1. What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content (except for our equipment hire services, which are covered by our separate Equipment Hire Terms: see the following link www.sportserve.co.uk/hire-terms
1.2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3. Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- You are an individual.
- You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession). Provisions specific to consumers only are in BLUE and those specific to businesses only are in GREEN.
1.4. If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Information about us and how to contact us
2.1. Who we are. We are Sportserve Limited a company registered in England and Wales. Our company registration number is 08322102 and our registered office is at The Hart Shaw Building Europa Link, Sheffield Business Park, Sheffield, S9 1XU. Our registered VAT number is 155 1540 29.
2.2. How to contact us. Please see our contact details at www.sportserve.co.uk/contactus
2.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing via email and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
4. Our products
4.1. Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2. Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
4.3. Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. It is the customer’s responsibility to ensure the correct sizing is ordered for any uniforms/ kit, as we do not accept liability is garments do not fit due to incorrect information provided.
5. Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. Our rights to make changes
6.1. Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
6.2. More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
6.3. Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
7. Providing the products
7.1. Delivery costs. The costs of delivery will be as displayed to you on our website, or, as provided to you in email correspondence.
7.2. Electrical/ Import/ Non UK Items. Unless otherwise agreed by us in writing (such agreement shall be entirely at our discretion), all orders that require item(s) to be brought into the UK must be paid up front, including freight. Freight times are subject to availability and cannot be guaranteed until the order is placed and paid for. Electrical item warranty information can be supplied on request.
7.3. When we will provide the products.
(a) If the products are goods. An estimated delivery date will be provided to you in our order confirmation email. Please see our Delivery Information page for further information.
(b) If the products are one-off services. We will begin the services on the date set out in the order confirmation email. The estimated completion date for the services will be set out in the order confirmation email.
(c) If the product is a one-off purchase of digital content. We will make the digital content available for download as specified in our confirmation email.
(d) If the products are ongoing services or a subscription to receive goods or digital content. We will supply the services, goods or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in clause 10 or we end the contract by written notice to you as described in clause 12.
7.4. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if you are a consumer and there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. If you are a business customer, any refunds are subject to our discretion in accordance with clause 10.1(d).
7.5. If you are not at the appointed delivery address when the product is delivered. All deliveries from us will need to be signed for upon receipt of the products. If no one is available at your address to sign for the delivery our courier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.6. Overseas deliveries. It is the customer’s responsibility to ensure that any item(s) ordered are not prohibited or subject to restrictions within the country they are delivered to. All import/ duty charges are to be paid by the customer. All charges for overseas shipments are determined by size and weight of the package and not at a set country by country rate. Please contact us for a delivery quotation.
7.7. If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 12.2 will apply.
7.8. If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 12.2 will apply.
7.9. Unloading/ loading heavy goods. Any offer to assist with unloading/loading of heavy goods is at the customer's own risk.
7.10. When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
7.11. When you own goods. You own a product which is goods once we have received payment in full.
7.12. What will happen if you do not give required information to us. We may need certain information from you so that we can supply our products and services to you, for example, measurements for personalised uniforms. If installation services are included in the products purchased, we will ask you to complete an Installation Checklist (see clause 8.2). We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 12.2 will apply), suspend any services until the required information is given, and/or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products or performing services late or not supplying/performing any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.13. Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause 6).
7.14. Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 30 days we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.15. We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 16.5) and you still do not make payment within 30 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 16.8). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 16.7).
8. Installations, Call Outs & Repairs.
8.1. We reserve the right to refuse installation with no penalty to ourselves if the location/ access is deemed unacceptable under Health and Safety Regulations (“HSR”). It is the customer’s responsibility to ensure an appropriate work space. Installation/repair of any item(s) will not proceed until the site is in line with HSR. If it is not, in the instance of any crew members from Sportserve Ltd being already at the venue, their time will be charged for irrespective of whether the installation/repair can begin.
8.2. You are required to complete our installation checklist www.sportserve.co.uk/installation-checklist no less than [7] days prior to the estimated date of installation (“Installation Checklist”). We reserve the right to refuse installation with no penalty to ourselves if you have not completed the Installation Checklist to our satisfaction or if we reasonably consider that the Installation Checklist has been completed incorrectly.
8.3. Installation of outdoor equipment is subject to weather conditions. We reserve the right to refuse installation with no penalty to ourselves in the case of bad/adverse weather conditions that are deemed unacceptable under HSR. This includes but is not limited to: flooding, heavy/torrential rain, ice, snow, heavy winds. In these instance we will make the decision whilst on-site, taking into account the various factors available to us.
8.4. For items under warranty requiring repair, parts & labour are inclusive in the warranty, whereas transport costs are excluded. Carriage/postage for items being returned to us to determine warranty inclusion are chargeable to the customer. A standard rate of £0.48p per mile will be charged for all call outs. Outside of the warranty, transport (at same standard rate), parts and labour, will be charged for. Labour rates are listed below: Standard business hours (9am-5pm Monday – Friday excluding public holidays) will be charged at £20.00 per hour, per member of staff. Out of business hours (5pm-9am Monday – Friday) will be charged at £30.00 per hour, per member of staff. Weekend hours will be charged at £30.00 per hour, per member of staff. Customers will be charged for hotel costs if necessary.
9. Intellectual Property Rights
9.1. In this clause 9, the following definitions apply:
(a) “Deliverables”: the deliverables set out in the order confirmation email;
(b) “Intellectual Property Rights” means patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
9.2. All Intellectual Property Rights in or arising out of or in connection with the services (other than Intellectual Property Rights in any materials provided by you) shall be owned by Sportserve Ltd.
9.3. We grant to you, or shall procure the direct grant to you of, a fully paid-up, worldwide, non-exclusive, royalty-free perpetual and irrevocable licence to copy the Deliverables (excluding materials provided by you) for the purpose of receiving and using the services and the Deliverables.
9.4. You shall not sub-license, assign or otherwise transfer the rights granted in clause 9.3.
9.5. You grant to us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to us for the term of the agreement for the purpose of providing the services to you.
10. Your rights to end the contract
10.1. Your rights to end the contract. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 14 if you are a consumer and clause 15 if you are a business;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 10.2;
(c) If you are a consumer and have just changed your mind about the product, see clause 10.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
(d) any return requests other than for the above reasons are subject to our discretion and:
(i) returns will not be accepted unless properly packaged, without damage. Definition of “damage” includes, but is not limited to: breakages, dents, scratches, paint chips, wear and tear, dirt and punctures;
(ii) we are not liable for any loss of item(s) or damage caused during customer organised transport. If the item(s) are damaged by the customer or during transport organised by a party other than Sportserve Ltd, we reserve the right to subtract the cost of the repairs from the refund;
(iii) if any item(s) need returning to the country of manufacture for repair, we will arrange transport; however the cost may be chargeable to the customer;
(iv) it is at our discretion to accept/charge a re-stocking fee for all returns of non-defective items.
10.2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
10.3. Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
10.4. When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
(a) personalised kits/ uniforms or any other items which have been made to customer’s specifications or clearly personalised;
(b) digital products after you have started to download or stream these;
(c) services, once these have been completed, even if the cancellation period is still running;
(d) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(e) sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
(f) any products which become mixed inseparably with other items after their delivery.
10.5. How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
(a) Have you bought services? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
(b) Have you bought digital content for download or streaming)? if so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
(c) Have you bought goods?, if so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
(i) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
(ii) Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
11. How to end the contract with us (including if you are a consumer who has changed their mind)
11.1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email: www.sportserve.co.uk/contactus
(b) Online. Complete the form attached Sportserve Cancellation Form
(c) By post. Print off and complete the form which can be found on our website at , and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought,when you ordered or received it and your name and address.
11.2. Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at Sportserve Ltd, 106 Fitzwalter Road, Sheffield, S2 2SP, or (if they are not suitable for posting) allow us to collect them from you. Please contact us at www.sportserve.co.uk/contactus to arrange collection. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
11.3. When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
11.4. What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
11.5. How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products using the payment method you used online, or otherwise, we will call you ask for your preferred refund method. However, we may make deductions from the price, as described below.
11.6. When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 1-3 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
11.7. When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 11.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
12. Our rights to end the contract
12.1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
(d) you do not, within a reasonable time, allow us access to your premises to supply the services.
12.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 12.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
13. If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the product, please contact us at www.sportserve.co.uk/contactus.
14. Your rights in respect of defective products if you are a consumer
14.1. If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. Nothing in these terms will affect your legal rights.
14.2. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you.
15. Your rights in respect of defective products if you are a business
15.1. If you are a business customer we warrant that on delivery any products which are goods shall:
(a) substantially conform with their description and any relevant specification;
(b) be free from material defects in design, material and workmanship.
This is the only warranty provided in respect of the products unless the product comes with any specific additional warranties, information of which can be provided at the following link: www.sportserve.co.uk/warranties
15.2. Subject to clause 15.3, if:
(a) you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 15.1;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at our cost, we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
15.3. We will not be liable for a product's failure to comply with the warranty in clause 15.1 if:
(a) you make any further use of such product after giving a notice in accordance with clause 15.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
(c) the defect arises as a result of us following any drawing, design or specification supplied by the customer;
(d) you alter or repair the product without our written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
15.4. Except as provided in this clause 15, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 15.1.
15.5. These terms shall apply to any repaired or replacement products supplied by us under clause 15.2.
16. Price and payment
16.1. Where to find the price for the product.
(a) If you order a product or service online through our website shopping cart, the price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 16.4 for what happens if we discover an error in the price of the product you order.
(b) If you order a product or service by contacting us directly (whether by phone or email), then we will provide you with written confirmation via email of the price.
16.2. Quotations. Any quotation provided by us will be valid for 30 days from the date on which the quotation is sent. In excess of 30 days, item(s) quoted may be subject to pricing alterations. The 30 day limit holds the price for the goods only; freight costs cannot be held and are subject to alteration at any time. Any freight costs included in quotes will be estimations only; specific pricing cannot be calculated until the goods have cleared customs within the UK.
16.3. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
16.4. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
16.5. When you must pay and how you must pay. We accept payment via Paypal or via credit/ debit card (except for American Express). Cheques are not accepted. When you must pay depends on what product you are buying:
(a) For goods, you must pay for the products before we dispatch them.
(b) For digital content, you must pay for the products before you download them.
(c) For services, we will invoice you for the full amount in advance of commencement of the services, and payment of such invoice must be made in full before we commence the services (unless otherwise agreed with us). If additional services/parts are subsequently required following the commencement of the services, we will raise a further invoice for such elements, and you will again be expected to pay this invoice in advance of us performing the further services/ providing the further parts.16.6. Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
16.6. Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
16.7. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of:
(a) 2% a year above the base lending rate of the Bank of England from time to time if you are a consumer; or
(b) the statutory rate of interest specified in the Late Payment of Commercial Debts (Interest) Act 1998 if you are a business customer, and this interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
16.8. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
17. Our responsibility for loss or damage suffered by you if you are a consumer
17.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
17.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
17.3. When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services, and we are not responsible for the costs of damage caused as a result of the customer failing to provide adequate, accurate or complete information about the property in the Installation Checklist, or for failing to provide adequate access to the property as reasonably required by us.
17.4. When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
17.5. We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 18.
18. Our responsibility for loss or damage suffered by you if you are a business
18.1. Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
18.2. Except to the extent expressly stated in clause 15.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
18.3. Subject to clause 18.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us
(b) we shall not be liable to you for any damage to your property that arises as a result of you failing to provide adequate, accurate or complete information about the property in the Installation Checklist, or for failing to provide adequate access/facilities at the property as reasonably required by us; and
(c) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for the product(s) under such contract.
19. How we may use your personal information
19.1. How we will use your personal information. We will only use your personal information as set out in our privacy policy: www.sportserve.co.uk/privacy-policy.
20. Other important terms
20.1. We may transfer this agreement to someone else. We may transfer our rights and
obligations under these terms to another organisation.
20.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
20.3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
20.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
20.5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
20.6. Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
20.7. European Commission Online Dispute Resolution platform. Please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show&lng=EN
20.8. Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non- contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.