7 April 2018
Sudeste Sports Limited offers the opportunity to participate in specialist and challenging travel including training courses that allow you to gain experience in open water swimming, surf & lifesaving, instruction and qualifications to a high level (the “Training Course”). Your training course may require a certain amount of flexibility from you during the trip. The training course itinerary which appear on the website, for all ocean and inland trips, is an indication of our intention only rather than a contractual obligation on our part. Unforeseen local conditions or events may sometimes necessitate changes to the itinerary, accommodation, or means of transport. Weather conditions or sea states may sometimes mean that planned trips or lessons are not possible. Watersports expose you to risks such as drowning, or being harmed by sea creatures. We accept your booking on the understanding that you appreciate the potential risks involved in participating in the trips and courses, including injury, disease or loss/damage to personal property, inconvenience and discomfort and that you are physically capable of participating fully in the Training Course.
1.1. All bookings are made with Sudeste Sports Limited in England with Registered No. 08112974 of Dalton House, 60 Windsor Avenue, London, SW19 2RR (The Company.) In these booking conditions “you” and “your” means all persons named as a booking and “we” and “us” means The Company. No employee of The Company other than a director has authority to vary these terms or offer any discount or refund.
1.2. This booking will become the binding contract between The Company, and you, only when The Company sends you a Booking Confirmation.
1.3. Upon receipt of your completed Booking Form, and Deposit in accordance with clause 4.1 below, we will endeavour to accept or decline your application for a Training Course within 14 working days. In the event that you are not accepted for your Training Course then we will refund the Deposit that you have paid.
1.4. If we are able to offer you a place on a Training Course then The Company shall send you a Booking Confirmation together with a payment schedule, via post or email.
1.5. Due to the specialist nature of the Training Course The Company reserves the right to accept or reject your Application for a Training Course in its absolute discretion. This includes refusing bookings at our discretion if, in our opinion, the person(s) booking is (are) not suitable to travel with us due to the physical nature of the holiday and would thus require an unreasonable level of supervision and/or assistance by our staff. Places on each Training Course are limited and we advise that you submit your Booking Form and Deposit early to avoid disappointment.
1.6. When you receive the Booking Confirmation please check the details carefully and inform us immediately in anything is incorrect.
2.1. Your Booking Confirmation is subject to the following conditions:
2.1.1. You shall comply with the payment schedule laid out in clause 4;
2.1.2. You shall provide your travel details, including flight numbers, evidence of full travel and medical insurance for the duration of the Training Course, and emergency contact information within the timescales specified by The Company on the invoice;
2.1.3. You are 18 years old, or over, on the first day of the month of your Training Course.
2.1.4. You shall disclose any medical conditions that may affect your full participation on any activity on your Training Course, and warrant that you are medically fit to participate. If we request it, you shall undergo a full medical check and produce a medical certificate (at your own expense) in respect of such a health check by the payment of the final invoice. It is your responsibility to ensure that you have any necessary medication or medical equipment that you require during the Training Course.
2.1.5. If you are applying for any of our lifesaving courses or open water swimming training you agree that you can swim 400m for the lifesaving course (16 laps in a 25 metre pool) front crawl, and more than 2500 metres for the open water swimming training. The Company reserves the right to request either a reference from an acceptable resource, or conduct a swim test in the presence of a The Company member of staff.
2.1.6. You shall comply with our code of conduct at all times during your Training Course which shall be given to you before your trip, and by the terms and conditions set out herein, and;
2.1.7. You shall comply with the laws, customs, foreign exchange, and drug regulations of the country of your Training Course or Training Program at all times during your Training Course or trip. Violation of such laws and regulations, or clause 2.1.6 shall result in necessary action being taken as provided in clause 14.
2.2. In the event that you do not comply with any of the provisions in clause 2.1 then The Company reserves the right to terminate your Training Course in accordance with clause 6 and clause 7.
2.3. In the particular case of you being in breach of Clauses 2.1.6, and 2.1.7, or your continued participation in a particular activity is deemed that it could cause personal harm, or harm to others, The Company Training Course Manager may be required to instigate the terms of clause 14.
3.1. You accept that any information supplied by The Company regarding our Training Courses, including content published by third party advertisers, is provided in good faith and based on the knowledge and information given to The Company prior to the publication of the written material and sometimes months prior to time of departure.
3.2. Note that prices outside the scope of the Training Course, such as visas, airfares, varying costs with respect to taxes (either in the UK or abroad), and activities not included in the Training Course may vary. The Company accepts no liability for increases in cost in these areas.
3.3. You agree to comply with all reasonable requests made by The Company staff with regards to your personal wellbeing, and the wellbeing of others.
3.4. You agree to comply by the rules, and abide by the Terms and Conditions of all Third Party Suppliers who may provide you with products, or services, during your Training Course. If The Company has provided you the details of such Third Party Suppliers this information and/or assistance is given to you for your convenience only, and does not constitute an endorsement of the respective Third Party Supplier. We accept no liability from you in respect of products or services procured by you from Third Party Suppliers, such as but not restricted to, travel agents, insurance providers, and local suppliers.
4.1. A non-refundable deposit as laid out on the website must be made with each booking.
4.2. Following payment of the Deposit, the outstanding sum must be paid no later than 5 weeks prior to the commence date of your Training Course.
4.3. In the unlikely event that a booking is made within the time frame mentioned above you will have to pay the full cost of the Training Course within 14 days after the Booking Confirmation is sent.
4.4. Payments made to The Company are not fully refundable see clause 6.6, and therefore it is advisable that travel insurance is taken out by the time of the first invoice.
4.5. If you do not pay any invoice, by the due date, we reserve the right to cancel your booking and your deposit will be forfeited.
5.1. The Company reserves the right to impose surcharges in respect of unforeseen cost increases with respect to fuel, currency, or UK government action. The Company will absorb increased costs of up to a 2%, only if the cost increase exceeds 2% will we ask you to pay the difference. If the surcharge exceeds 10% you have the right to cancel and receive a refund for all the invoices paid.
5.2. No refunds shall be given if currency rates improve.
6.1. In very rare circumstances The Company may be required to make alteration to a Training Course or even more rarely to cancel confirmed bookings. The Company reserves the right to make alterations to a Training Course without prior notice, including alterations to the itinerary.
6.2. If prior to your start date, the alterations make a significant change in the structure or the Training Course or training trip, you will be entitled to:
a) accept the change and its impact (if any) on the price of the Training Course;
b) book another Training Course with The Company, subject to availability and payment or refund in respect of a different price; or
c) withdraw from the Training Course and receive a full refund of any invoices paid. You must inform us of your choice within 7 days of receiving notice of the alterations.
6.3. If we have to notify you of a significant change prior to the start date of your Training Course, we will pay you the minimum compensation payments set out in the table below depending on the change and the circumstances of the change. No compensation will be payable if the alteration made is a minor one. It is the Company’s discretion as to what constitutes a minor alteration. No compensation will be payable for any incidental costs incurred for visas, vaccinations, or other travel arrangements.
Days prior to departure - Compensation
45 days or more - Nil
29-44 days - £25.00
28-15 days - £50.00
14 days or less - £100.00
6.4. If after the start date the alterations make a significant change in the structure or the Training Course or training trip, The Company will at no extra cost to you, either:
a) make suitable alternative arrangements for the continuation of the Training Course or training trip; or
b) provide you with transport to the scheduled destination.
6.5. Where appropriate in either case The Company’s liability shall be limited to a refund of the Training Course or training trip for (a) fee (pro-rata depending on the percentage of the total planned Training Course time that has elapsed (e.g. if 30% of the Training Course has elapsed then we will refund 70% of the placement fee.)
6.6. The Company will not provide a refund or compensation if a Training Course or trip is cancelled due to unforeseeable circumstances, beyond its reasonable control which could not have been avoided even if all due care had been exercised. This includes, but is not limited to, war or threat of war. Riot, strike, civil unrest, industrial action, act or threat of terrorism, mechanical act of God, or adverse weather conditions. The Company will not provide a refund if your Training Course is cancelled or altered in accordance with the provisions of Clause 14 below as a result of breach of these Bookings Conditions by you entitling The Company to cancel.
7.1. If you wish to cancel your booking before the commencement of your Training Course or training trip, you will be required to pay the following surcharges:
Days before commencing - Surcharges
45 or more days Retention of full deposit
29-44 days 60% of the total cost of your trip
28-15 days 90% of the total cost of your trip
14 days or less 100% of the total cost of your trip
7.2. If you leave a Training Course before the specific end date, other than as a result of a breach of this agreement, no refund will be paid to you.
8.1. Whilst The Company is committed to ensuring the safety of our clients, we do not accept liability for any negligence on the part of Third Party Suppliers or any other agents used by you, which are not connected with your Training Course. We will provide as much support, and assistance, as possible, whilst limiting this to non-financial support.
8.2. Should The Company, in the case of an emergency, provide you with any financial support, you are obliged to reimburse all monies given to you within one month of the end of your Training Course. The provision of any financial support is entirely at our discretion.
8.3. You accept that all sports carry a risk of personal injury; you have the right to refuse the taking of risks which you believe may endanger your health or safety, or which are not covered by your personal insurance policy. You agree that The Company will not be held liable for any injury or damage caused to you where you have taken a risk willingly, and the injury or damage arose other than as a result of our negligence.
8.4. You are advised to seek medical advice with regards to the country you are travelling, and understand that it is your responsibility to seek medical advice with regards to visiting the Country of your Training Course. The Company will not provide assistance on such medical advice including, but not limited to, medication, or vaccinations, which should be sought in the UK at least two months before the start date of your Training Course. The Company will not be liable for any resulting illness that occurs due to your failure to seek such medical advice.
9.1. You accept that it is compulsory to obtain travel insurance by the time of your first payment, and all payments are accepted on this basis. Your insurance must cover cancellation, curtailment, repatriation, legal expenses, medical and emergency travel, personal accident, personal liability, rescue and assistance, hijack, and travel delay. You are obliged to ensure that your policy covers all sporting activities that you may be involved in during your Training Course.
9.2. Your policy cover should extend beyond the length of Training Course by at least two weeks, this is The Company’s suggested minimal period, and we recommend you seek independent advice on this length.
9.3. The Company accepts no responsibility for the loss or damage to your personal property, unless it has been lost at our negligence, it is recommended that you have personal insurance to cover loss of personal property by theft or accident.
9.4. The Company reserves the right to cancel your Booking or terminate your Training Course or trip at its sole discretion if it is not satisfied with your insurance arrangements and the suitability of such arrangements for your Training Course.
9.5. You are also advised to be aware of current Foreign Office travel advice in respect of countries to which you are travelling, see www.fco.org.uk for further details.
10.1. You must possess a full passport valid for at least 6 months beyond your return date of the Training Course. British passport holders will be able to obtain a tourist visa upon arrival at most of the destinations visited in your Training Course. It is your responsibility to obtain and pay for the cost of any visa. Please note that all visas are issued purely at the discretion of the embassy concerned.
10.2. Your specific passport or visa requirements, and other immigration requirements are your responsibility and you should seek to conform these with the relevant Embassies and/or Consulates.
10.3. The Company is not responsible for the issue of visas, you are responsible for ensuring that your passport, visas and any other travel documents are valid for the duration of your Training Course or trip.
11.1. We will need to collect certain information such as your name and address, medical details, passport number, nationality etc in order to provide your Training Course. For the Purposes of the Data Protection Act 1998, we are a data controller. We may pass this information to suppliers of your travel arrangements, including hotels and transport companies. We may also need to pass this information to security or credit checking companies, and to public authorities such as customs and immigration. If your Training Course is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strict in the UK. We will only pass on data, including sensitive information regarding disabilities or dietary and religious requirements, to people responsible for your travel arrangements. If we cannot pass this information to the relevant suppliers, in the EEA or elsewhere, we cannot provide your booking. When you make this booking, you consent to this information being passed to the relevant people.
11.2. The Company reserves the right to use any materials, including but not limited to photographs, film, or creative materials, taken of you during your Training Course or training trip, for use exclusively in The Company’s marketing, or advertising material, without obtaining further consent.
12.1. Whilst The Company takes all necessary, and reasonable, precautions to prevent accidents of injury, you acknowledge and agree that some of the activities in which you participate on your training course or trip or the accommodation package carry a risk of accident or injury.
12.2. Nothing in these booking conditions shall exclude or limit The Company’s liability for i) fraud, or other criminal act, ii) personal injury, or death, caused by the negligence of The Company employees in connection with the performance of their duties, or iii) any other liability that cannot be excluded by law.
12.3. Except where provided by Clauses 12.6 and 12.7 The Company accepts responsibility for any loss or damage resulting from our failure to perform, or improper provision of the services The Company has agreed to provide you.
12.4. Subject to Clause 12.2 in no event will The Company be liable under these booking conditions for any damages relating to: i) cancellation of flights, or costs incurred directly from missed flights, ii) loss of opportunity, and/or iii) any inconsequential loss. Such liability is excluded whether such damages were reasonably foreseeable, or actually foreseen.
12.5. Subject always to Clauses 12.2 and 12.3 above, we do not accept responsibility for any loss or damage you suffer where your failure to perform, or improper performance, is not due to negligence from The Company or that of our employees, agents, contractors, or service providers, including but not limited to where any such failure or improper performance is attributable, in whole or part to:
12.5.1. you or another member of your party;
12.5.2. any circumstances beyond our reasonable control, which could not have been foreseen or avoided if all due care had been taken, including but not limited to, war or threat of war, riot, civil unrest, strike, industrial action, threat of or act of terrorism, mechanical breakdown, act of God, adverse weather conditions, or any other event of force majeure where events arise for reasons other than The Company’s negligence; or
12.5.3. any Third Party Supplier unconnected with the provision of the services we have agreed to provide you, and is not foreseeable or avoidable.
12.6. Subject to the limitation of liability set out in clause 12.8 below, our liability to you for any loss or damage you may suffer, whether as a result of failure to perform, or the improper performance, of the services we have agreed to provide to you or otherwise is limited to £1,000,000 for all claims arising from a single event.
12.7. You accept that adverse weather conditions may prompt the cancellation of scheduled events during your Training Course. The availability of advertised facilities might also be hindered due to local weather conditions, or circumstances beyond our control, including but not limited to public holidays, or routine maintenance. The Company is not liable for such cancellations.
12.8. The Company’s liability to you for the non-performance or improper performance by any air, sea or rail carrier or any hotelier for any services to be provided by them as part of your Training Course is limited to the amount you can validly cover against such a carrier or hotelier:
12.8.1. in accordance with any applicable domestic law, or the laws of England and Wales, for claims other than death or bodily injury arising out of travel, carriage, or accommodation within the UK or which is otherwise international; and
12.8.2. in accordance with any international convention (if there is any) governing such service, for all claims arising out of travel, carriage or accommodation.
12.8.3. International Conventions which may apply include: in respect of international air travel, the Warsaw Convention 1929 (including as amended by the Hague Protocol of 1955 and by any of the additional Montreal Protocol of 1975) or the Montreal Convention 1999: in respect of rail travel, the Berne Convention 1961; in respect of carriage by sea, the Athens convention 1974; in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962.
12.9. We hereby exclude to the fullest extent permissible under the applicable law all liability that The Company has not expressly accepted in these booking conditions. These limitations will apply regardless of the form of action, whether under statute, in contract, tort, including negligence, or any other form of action. For the purposes of all of Clause 12 ‘The Company’ includes our employees, sub-contractors, licensors, and suppliers, who shall therefore have benefit of the limits and exclusions of liability set out in the Clause in the terms of Contracts (Rights of Third Parties) Act 1999.
12.10. Nothing in these booking conditions affects your statutory rights as a consumer.
12.11. The Company accepts responsibility for ensuring that your Training Course is provided as described in our brochure, and website. If it fails to comply, in whole, or in part, with any description, we will pay you the appropriate compensation (amount payable will depend on the nature, and extent of misdescription.) Certain statements within our documentation may go out of date from time-to-time, so clients wishing to place specific reliance on any statement within any of our documentation, which was believed to be correct at the time, should seek written confirmation of that statement before accepting the offer of a place.
12.12. Unless a longer period is provided for by force of law, any claim or court proceedings you wish to pursue against us must be bought within 2 years of your return from your Training Course or within 2 years of first discovering the matters giving rise to the claim, if this is later. If you do not, then our liability to you will be limited in all cases to the sum of £100.
13.1. If, during your Training Course, you wish to make a complaint, you should inform The Company as soon as possible. We will investigate any claims made and endeavour to resolve them to your satisfaction. If the matter cannot be resolved during the Training Course then you must write a letter to our office at least 1 month after the end of your Training Course.
13.2. The Company will only deal with complaints made by the person on the Training Course, or for minors, his/her parent or legal guardian.
14.1. The Disciplinary Procedure may be evoked under Clause 2 at the sole discretion of The Company Manager. If you feel that this procedure is being applied unfairly, or without cause, you should raise this directly with The Company Manager, and if you feel the matter had not been satisfactorily resolved then you may make a complaint in accordance with Clause 13 above.
14.2. The Disciplinary Procedure is as follows:
14.2.1. After the first incident of unacceptable behaviour, or a breaking of the Company Code of Conduct the Company Manager will give you a verbal warning, explaining that your behaviour is unacceptable, and explain to you why this is so.
14.2.2. If this behaviour continues, or the Code of Conduct is continually broken, the Company Manager shall issue a written warning, explaining that a recurrence of this behaviour might result in you being required by the Company Manager, to leave the Training Course or trip, and if appropriate, the country, without reimbursement of your fees.
14.2.3. Upon this recurrence of unacceptable behaviour, or a serious breach of the Code of Conduct, the Company Manager may, at their sole discretion, require that you leave the Training Course, and if appropriate the Country, without reimbursement of your fees.
15.1. It is important that you have read, and understood these booking conditions prior to submitting your application form. If you have any queries or questions regarding the document you are requested to raise these before application.
16.1. This contract is intended to comply with the Travel Package Regulations 1992, is subject to the law of England and Wales, and is subject to exclusive jurisdiction of the English courts.
THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS WILL APPLY WHERE YOU ORDER SUDESTE PRODUCTS
17.1 We shall have the right to refuse to accept any orders placed for Goods.
17.2 You shall be responsible for the accuracy of an order and for giving Us any information We need to perform the Contract. For example, if You require us to print anything for You, You must provide Us with all necessary artwork and ensure that any text You want printed on the Goods is accurate. In addition, You agree to re-imburse Us for any and all costs, losses and/or liability We may incur if a third party claims that, by using Your artwork and/or specification, We have infringed that third party's intellectual property rights.
17.3 If You order Goods via the Website, Your order for Goods shall not be deemed accepted by Us until We send an order confirmation e-mail to You. If You order Goods by way of telephone, We will verbally confirm at the time of the order whether or not We accept Your order. If You send Us an order by post, due to the speed at which we try and dispatch Your order We will only notify You if We cannot fulfil Your order.
17.4 The contract between Us will be formed at the point We accept Your order or, in the case of postal orders, at the time We process Your order.
17.5 Goods are subject to availability. If We are unable to supply You with the Goods due to the fact that they are out of stock, We will inform You as soon as possible. You will be given the option of (i) waiting until the Goods are in stock when We will perform the Contract; (ii) choosing Goods of an equivalent functionality, price and quality or (iii) cancelling Your affected order (or the affected part of your order) and obtaining a full refund if We have already received payment from You for the cancelled Goods. If You request an alternative which is more expensive, You must pay to Us the difference between the price You originally paid for Your Goods and the more expensive replacement. If, however, the alternative item You select is cheaper than Your original selection, We will refund the difference to You as soon as possible.
17.6 We do try to make sure that all details contained within the Web Site and in Our catalogue are as accurate as possible. On the rare occasion that there is an error, We will advise You about it as soon as possible.
17.7 Please note that any details and/or specifications regarding the Goods (including but not limited to any descriptions and/or photographs of the Goods) are intended as a guide only and only give a general approximation of the Goods. For example, the actual colour of the Goods may vary from the colour in the accompanying photograph.
17.8 If you are acting for a Local Authority and/or a company, We can issue You with a VAT invoice for the Goods provided that You send Your order on Your official order form in writing which is either posted or faxed to Us.
18.1 We will not accept orders for the Goods from anyone under the age of 18 years. By placing orders for the Goods with Us, You confirm that you are aged 18 years or over.
19.1 Where applicable, You may cancel Your order in accordance with Your rights under the Distance Selling Regulations.
19.2 You have the right to cancel the contract for the purchase of Goods within 7 working days of delivery of the Goods to You. This right of cancellation does not apply to Goods which have been worn, washed and/or otherwise used.
19.3 To cancel Your order You can email us at firstname.lastname@example.org with your instructions (entering the words "Order cancel" in the subject title), telephone or write to Us (see Our Details section at the end of the Terms and Conditions for contact details) within 7 working days of delivery of Your Goods, quoting Your order number and/or any other information We may need to identify Your order. We will issue You with a returns number. You must take reasonable care of the items whilst they are in Your possession and You must not use them. Please return the Goods to Us in their original packaging, quoting the returns number. We advise that You return any Goods using registered post in order to ensure their safe return.
19.4 We will only refund the purchase price (if We have received payment of the price) when We have received the Goods back from You in an unused, unworn, undamaged and re-sellable state. If the Goods are not returned in a re-sellable condition, We may (at Our discretion) refund only part of the purchase price of the returned Goods. If We decide that We cannot refund Your money due to the condition of the Goods when returned, We will give You the option of keeping the Goods but You must pay for these Goods to be returned to You. You will not obtain a refund of any delivery charges You incur.
19.5 Sometimes We will charge special prices for Goods if they are bought in conjunction with another item. If You decide to return one of these items to Us, We will charge You full price for any item You choose to keep.
20.1 Dates and times for delivery are estimates only and are not guaranteed. They are also subject to any matter beyond Our reasonable control. As a general rule, We will endeavour to complete Your order within 7 working days of the date of Our acceptance of Your order (subject to the Goods being in stock).
20.2 If You place Your order with Us by telephone, You may choose to have the Goods delivered to You using our "next day delivery" service for an additional fee. Provided that Your order reaches us before 12pm on a working day and provided that the ordered items are in stock, We will deliver the Goods to You by special delivery to arrive the next working day. Any orders for next day delivery which are placed on a Friday after 12pm will be delivered on the following Tuesday. Please note that We cannot offer this service where the Goods are to be delivered to You directly by Our supplier and/or if You live outside mainland UK. We will let You know if this service is not available to You. All next day delivery parcels must be signed for on receipt.
20.3 You shall have no right to reject Goods and no right to rescind the Contract for late delivery unless the due date for delivery has passed and You have served on Us a written notice requiring the Contract to be performed and giving Us not less than 14 days in which to do so and the notice has not been complied with.
20.4 We shall not be required to fulfil orders for Goods in the sequence in which they are placed. We may deliver orders even if all of the Goods in an order are not available. Any missing items will be delivered to You as soon as possible.
20.5 We may deliver overseas but this is only upon special arrangement and You must contact Us for details of prices and availability.
20.6 You may provide Us with specific delivery instructions at the time of order. For example, You may want to request that the Goods be delivered to an address other than your contact address and/or that the Goods be delivered by the carriers without the need for a signature on delivery. Please note that:
20.8.1 if You pay by credit or debit card, Our chosen bank for authorising payments may not allow Us to deliver to an address other than that to which the card is registered; and
20.8.2 We accept no liability for any loss and/or damage to the Goods which arises as a result of Our complying with Your delivery instructions.
20.9 In order to get the Goods to You as quickly as possible, We may arrange for our supplier to deliver the Goods directly to You. If this is the case, We will need to provide your contact details to Our supplier to enable them to deliver the Goods to You. They will only have access to Your name, Your contact details, Your delivery address, Your specific delivery instructions (if any) and details of the Goods You have ordered. By placing an order with Us, you agree that We may disclose such of Your personal details to Our supplier(s) for this purpose.
21.1 Subject to any pricing error, the price You pay is the price displayed in respect of the relevant Goods on the Web Site and/or in the catalogue at the time We receive Your order, plus the applicable delivery charges.
21.2 Our Web Site and catalogue will clearly state the period during which the prices are valid.
21.3 Our prices in our catalogue are displayed both exclusive and inclusive of VAT. If only one price is given (i.e. online), it is inclusive of any applicable VAT.
21.4 Whilst We try and ensure that all prices on Our Web Site and in Our catalogue are accurate, errors may occur. If We discover an error in the price of the Goods You have ordered We will inform You as soon as possible and give You the option of either reconfirming Your order at the correct price or cancelling it. If We are unable to contact You We will treat the order as cancelled. If You cancel an order due to an error in price and We have already received payment for the affected Goods, You will receive a full refund.
21.5 Payment is due at the time You place Your order. We use third parties, PayPal or Stripe, to authorise Your payment for the Goods where You pay by either debit or credit card (whether You order online, by telephone or by post). Please note that we are not responsible for ensuring the confidentiality of Your data once it is passed to PayPal or Stripe and We accept no liability for any loss and/or damage that You may suffer as a result of the acts and/or omissions of PayPal or Stripe.
21.6 If you are posting Your order to Us, you may pay by way of cheque or postal order (made payable to "Sudeste Sports Limited") or You may insert your credit/debit card details on the order form.
21.7 If you place Your order by telephone, You may make payment using a credit card and/or a debit card.
21.8 *If You fail to make any payment in full on the due date We may charge You interest (before and after judgement) on the amount unpaid at the rate implied by law under the Late Payment of Commercial Debts (Interest) Act 1998 (where applicable) or at the rate of 4% above the base rate of Our bankers from time to time, whichever is the greater.
21.9 *You must pay all sums due to Us without any set off, deduction, counterclaim and/or any other withholding of monies.
22.1 In some cases, We may agree to set up a credit account for you. In this case, additional terms may apply to you. We may set a reasonable credit limit for You. Changes in Your credit limit will be notified to You from time to time.
22.2 These terms and conditions shall govern all orders You place with Us.
22.3 We may refuse to accept orders for Goods and/or to suspend or withhold delivery of Goods to You if such Goods would result in You exceeding Your credit limit or the credit limit is already exceeded.
22.4 Payment terms on credit accounts are strictly 30 days.
23.1 Risk in the Goods shall pass to You at the time of delivery. Delivery shall be deemed to occur at the time when the Goods arrive at the delivery address provided to Us by You. This clause shall not, however, apply where We deliver the Goods to You using Your stamped addressed envelope. In such cases, risk will pass to You when We put the envelope in the post.
23.2 You will not own the Goods until We have received payment in full in cleared funds for them. Whilst We remain the owner of the Goods, You agree that We may enter Your premises to retrieve the Goods. If the Goods are located at a third party's premises, You agree to obtain consent for Us to enter that third party's premises in order to take back the Goods which belong to Us.
24.1 If You discover the Goods are faulty, You must notify us of the defect within 7 days of the date of delivery or within a reasonable period of time of discovery (if the defect was not readily apparent).
24.2 We may ask You to return the Goods to us for inspection before We send You a replacement. If the Goods are faulty, We will replace the faulty Goods at no additional cost to You and refund any reasonable costs You may have incurred in returning the faulty Goods to Us.
25.1 When You place an Order, You will be asked to provide certain personal information such as Your contact details, debit/credit card or other payment information. We will store the data that You provide to Us on computers.
25.2 We will comply with the requirements of all Data Protection legislation in force in England and Wales from time to time. In particular, You may request a copy of any personal data held by Us about You upon written application. Please note that We reserve the right to charge the current statutory fee for providing You with such information.
25.3 We intend to manage any information learned about You in an ethical manner. It will be used for the following purposes:-
25.3.1 to process Your account and order;
25.3.2 to administer Our Web Site services which may involve sharing information with Our network provider;
25.3.3 to administer Our business;
25.3.4 for assessment and analysis (e.g. market, customer and product analysis) to enable Us to review, develop and improve the services which We offer and to enable Us to provide You with relevant information through Our marketing programme; and/or
25.3.5 To notify You of products that may be of interest to You unless You inform Us that You do not wish to receive such information.
25.4 We may also disclose Your information to anyone to whom we transfer or may transfer Our business and/or Our rights and duties under Our Contract with You or to the police or any other regulatory or government authority where We are legally required to do so.
25.5 We may disclose Your personal details to one of Our suppliers in order to perform and carry out Your order as efficiently as possible.
25.6 If You send any communication to Us by email, please remember that the Internet is not a secure medium and privacy cannot be assured. We do not accept any liability for any harm or damage You may experience or incur by sending personal or confidential information to Us over the Internet or is We send You such information.
25.7 If You do not wish Us to notify You of additional products or services that We think may be of interest to You, please write to Us at the address set out in the section headed "Our Details" or e-mail us at email@example.com.
25.8 If You are acting for a Local Authority or other public body and you receive a request from a third party under the Freedom of Information Act 2000 which could lead to the disclosure of information relating to Our business, You must immediately inform Us of the request. You agree to take into account Our representations as to whether We consider Our information to be exempt from disclosure under the Freedom of Information Act 2000 and also keep us informed as to the progression of the matter.
25.9 Alternatively, if You require Our assistance in dealing with any Freedom of Information Act request You may receive, We may (at Our option) help You deal with the request provided that You agree to pay any and all costs We reasonably incur.
26.1 All intellectual property rights in the catalogue and/or the Web Site, their design, text, photographs, selection and arrangement and all other accompanying information belong to Us (unless otherwise acknowledged). You may not use, reproduce, re-publish, modify and/or distribute all or any part of the catalogue, the Web Site and/or accompanying documentation other than to purchase the Goods from Us. If You infringe Our intellectual property rights, We reserve the right to take criminal and/or civil action against You.
27.1 If You are acting as a consumer We shall have no liability to You for any loss of profits, business or revenue, damage to goodwill, economic and/or any loss that was not reasonably foreseeable at the time You entered into this Contract.
27.2 *All warranties, representations, terms, conditions and duties implied by law relating to fitness, quality and/or adequacy are excluded to the fullest extent permitted by law.
27.3 *We shall have no liability to You for any:
27.3.1 consequential losses (including loss of profits and/or damage to goodwill);
27.3.2 economic or other similar losses;
27.3.3 special damages and/or indirect losses; and/o
27.3.4 business interruption, loss of business, contracts, production and/or opportunity.
27.4 *Our total liability to You under and/or arising out of any contract shall not exceed £[ ]. To the extent that any of Our liability would be met by any of Our insurance then Our liability shall be extended to the extent that such liability is met by such insurance.
27.5 Each of the limitations and exclusions shall be deemed to be repeated and apply as a separate provision for each of:
27.5.1 breach of contract (including fundamental breach);
27.5.2 *liability in tort (including negligence;
27.5.3 *liability for breach of statutory duty and/or common law except clause 27.4 above which shall apply once only in respect of all types of liability.
27.6 Nothing in this contract shall exclude or limit Our liability for death or personal injury due to Our negligence, Our fraud and any other type of liability We cannot exclude or limit as a matter of law.
27.7 We do not guarantee that Our Web Site will be compatible with Your computer, and We accept no liability for any corruption or loss of data held on Your computer, or any liability for any other loss or damage of any kind caused to Your computer resulting from the use of Our Web Site.
28.1 *No waiver by Us of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or other provision.
28.2 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
28.3 We shall have no liability to You for any delay in performance to the extent that such delay is due to any event outside Our reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, shortage of materials, subcontractor delays, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events. If We are affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.
28.4 All third party rights are excluded and no third party shall have any right to enforce this Agreement.
28.5 The laws of England and Wales govern the contract between Us and any dispute between Us will be resolved non -exclusively in the courts of England and Wales. English is the only language offered for the conclusion of the contract.
29.1 All contracts for the sale of Goods are placed with Sudeste Sports Limited.
29.2 Our registered office address is SUDESTE SPORTS LIMITED, Dalton House, 60 Windsor Avenue, London, SW19 2RR. Our telephone number is +44 (0) 20 8133 0875.
29.3 Our VAT registration number is GB018627613000
29.4 If You are unhappy with any aspects of the service and/or Goods that We have provided to You or have any comments regarding the service, please contact Us by writing to the above address or e-mail Us at firstname.lastname@example.org
29.5 We will endeavour to respond promptly to all communications.