Table Of Contents
1......... THESE TERMS...............................................................
2......... INFORMATION ABOUT US AND HOW TO CONTACT US
3......... OUR CONTRACT WITH YOU..........................................
4......... OUR PRODUCTS.............................................................
5......... YOUR RIGHTS TO MAKE CHANGES.............................
6......... OUR RIGHTS TO MAKE CHANGES................................
7......... PROVIDING THE PRODUCTS.........................................
8......... YOUR RIGHTS TO END THE CONTRACT.......................
9......... HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
10....... OUR RIGHTS TO END THE CONTRACT.........................
11....... IF THERE IS A PROBLEM WITH THE PRODUCT............
12....... PRICE AND PAYMENT....................................................
13....... OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14....... YOUR USE OF THE DIGITAL CONTENT.......................
15....... HOW WE MAY USE YOUR PERSONAL INFORMATION
16....... OTHER IMPORTANT TERMS.......................................
Schedule 1 - Model Cancellation Form......................................
INFORMATION ABOUT US AND HOW TO CONTACT US
How to contact us. You can contact us by writing to us at sportdiddy@gmail.com
Sport Diddy Web-site membership. When you purchase the Sport Diddy Web-site membership Subscription, we grant you a license to use and stream the content for your household use. The Subscription price is set out on our website and will be confirmed to you during the ordering process and in your confirmation email. When you purchase a Sport Diddy Web-site membership Subscription your license will run for 12 months from the date of purchase, and thereafter this license shall renew automatically on a rolling 12 month basis until we can no longer provide the content and we terminate the agreement in accordance with these terms.
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 and quality or definition of the images accurately, we cannot guarantee that a device's display accurately reflects the colour or quality/definition that your device will display. Your internet connection speed or bandwidth may impact the quality of the content you are able to access.
If you wish to make a change to the product you have ordered please contact us at sportdiddy@gmail.com. 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. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
Minor changes to the products. We may change the product:
to reflect changes in relevant laws and regulatory requirements; and
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 the following changes to these terms or the product, but if we do so we will notify you and you may then contact us at sportdiddy@gmail.com to end the contract before the changes take effect and receive a refund for any products paid for but not received:
the Charges
The digital content
Delivery costs. The costs of delivery will be as displayed to you on our website. There is no charge for delivery of digital content.
Price: The costs and charges will be clearly displayed during the ordering process when you make a purchase.
When we will provide the products:
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, for example the Sport Diddy Web-site membership Subscription) or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.
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 there is a risk of substantial delay you may contact us at sportdiddy@gmail.com to end the contract and receive a refund for any products you have paid for but not received.
Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
we have refused to deliver the goods;
you told us before we accepted your order that delivery within the delivery deadline was essential.
Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.6 or clause 7.7, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, 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. We will pay the costs of postage or collection. Please or email us at sportdiddy@gmail.com. for a return label or to arrange collection.
When you own goods. You own a product which is goods once we have received payment in full.
What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your billing or delivery address or your payment information. If so, this will have been stated in the description of the products on our website. We will contact you in writing 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 10.2 will apply) 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 late or not supplying 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.
deal with technical problems or make minor technical changes;
update the product to reflect changes in relevant laws and regulatory requirements;
make changes to the product as requested by you or notified by us to you (see clause 6).
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 in any 6 month period we will adjust the price so that you do not pay for products while they are suspended. You may contact us at sportdiddy@gmail.com 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.
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 12.4) and you still do not make payment within 14 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 12.6). 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 12.5).
YOUR RIGHTS TO END THE CONTRACT
If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
digital products after you have started to download or stream these;
any products which become mixed inseparably with other items after their delivery.
Have you bought digital content for download or streaming (for example, The Sport Diddy Web-site membership)? if so, you have 14 days after the day we email you to confirm we accept your order. Even though you have immediate access to the content we offer a full money back guarantee if you are not satisfied with the content. Have you bought goods (for example, a Sport Diddy T-shirt)?, if so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us at sportdiddy@gmail.com to let us know.
HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
Email. Email us at sportdiddy@gmail.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
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 or (if they are not suitable for posting) allow us to collect them from you. Please email us at sportdiddy@gmail.com for a return label or to arrange collection. If you are 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.
When we will pay the costs of return. We will pay the costs of return:
if the products are faulty or misdescribed;
In all other circumstances including where you are exercising your right to change your mind you must pay the costs of return.
OUR RIGHTS TO END THE CONTRACT
you breach a material term of this agreement.
You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 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.
We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 30 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
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 sportdiddy@gmail.com.
Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. If your product is goods, for example t-shirt or other tangible items, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: a) Up to 30 days: if your goods are faulty, then you can get an immediate refund. b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. See also clause 8.3. a) If your product is digital content, for example the Sport Diddy Web-site membership, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality: b) If your digital content is faulty, you're entitled to a repair or a replacement. c) If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back. d) If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation See also clause 8.3. See also Exercising your right to change your mind (Consumer Contracts Regulations 2013). |
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. We will pay the costs of postage or collection. Please email us at sportdiddy@gmail.com for a return label or to arrange collection.
Where to find the price for the product. 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 12.3 for what happens if we discover an error in the price of the product you order.
When you must pay and how you must pay. When you must pay depends on what product you are buying:
For digital content, you must pay for the products before you download them.
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 at sportdiddy@gmail.com. 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.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
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 as summarised at clause 11.2 ; and for defective products under the Consumer Protection Act 1987
Liability for Personal Injury. You acknowledge and accept that by participating in any physical activity, especially in sport, there is some degree of physical risk. We exclude all liability, as far as legally allowed, for injuries sustained during the performance of the activities that we demonstrate in our videos. You should ensure that your children are supervised at all times by a responsible adult and you should stop the exercise if at any point you think there might be a danger to any participant.
YOUR USE OF THE DIGITAL CONTENT
You are only allowed to use our digital goods, including the Sport Diddy Web-site membership, for your private use only. This would include with family members within your household.
For the avoidance of doubt you may not re-distribute, copy or in any way publish or make available the Sport Diddy Web-site membership in a way not permitted by this Agreement. This includes posting the Sport Diddy Web-site membership directly onto social media or the internet. You may to a limited extent post videos or pictures of your children performing the skills whilst watching the Sport Diddy Web-site membership but only if the Sport Diddy Web-site membership is only incidentally or peripherally featured in your video or picture.
You may allow your children, or those under your care as legal guardian, to watch and enjoy the Sport Diddy Web-site membership videos. You may also allow Sport Diddy Web-site membership videos to be viewed by the friends of your children whilst they are in your home.
If you use or make available our digital goods to any other people, for example where you play the Sport Diddy Web-site membership to a large group of people or where you give your log in details to someone other than yourself, you may be liable to us for our loss of income arising out of the sale we might otherwise have made.
HOW WE MAY USE YOUR PERSONAL INFORMATION
How we may use your personal information. We will only use your personal information as set out in our privacy policy.
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if we believe that you may still have access to the Sport Diddy Web-site membership or that you may be extending the number of people who can access the Sport Diddy Web-site membership where such persons would otherwise be required to purchase a Sport Diddy Web-site membership Subscription.
Which laws apply to this contract and where you may bring legal proceedings. This contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this contract or its subject matter or formation.
(Complete and return this form only if you wish to withdraw from the contract)
To [TRADER'S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply 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
© Crown copyright 2013.