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SPEEDFLEX (UK & IRELAND) LIMITED TERMS OF USE
1. INFORMATION ABOUT US AND THESE TERMS
1.1 Who we are. We are Speedflex (UK & Ireland) Limited, a company registered in England and
Wales. Our company registration number is 07406096 and our registered office is c/o Square
One Law, Anson House, Fleming Business Centre, Burdon Terrace, Jesmond, Newcastle upon
Tyne, NE2 3AE, United Kingdom (“Speedflex”, “We”, “Our” and “Us”). Our registered VAT
number is 104139651.
1.2 What these terms cover. These are the terms and conditions on which we supply the
Speedflex Blade and/or any associated accessories (the ”SF Blade”), as well as a range of
services, digital content and features through our website, the tablet interface integrated to
the SF Blade, our Android and iOS mobile device application (the “App”) and our social media
pages (currently comprising YouTube, Instagram, Facebook and Twitter). These services,
digital content and features shall be referred to collectively as the “Services”.
1.3 Why you should read these terms. Please read these terms carefully before you submit your
order to us. These terms tell you how we will provide the SF Blade and/or Services to you,
how you and we may change or end the contract, what to do if there is a problem and other
important information. If you have any queries about these terms and conditions, the SF
Blade or our Services, please contact our support team by email at sales@speedflex.com.
We aim to respond by the end of the next working day (being a day other than a Saturday,
Sunday or public holiday in England).
1.4 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. ORDERS FOR THE SF BLADE AND/OR SERVICES
2.1 How we will accept your order. Once we have received your order, we will email you an
order confirmation. This does not constitute or indicate acceptance of your order; we are
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simply acknowledging receipt. Our acceptance of your order will take place when we send
you a subsequent email confirming acceptance of your order, at which point a contract will
come into existence between you and us.
2.2 Additional information required for SF Blade orders. If your order is for the SF Blade, we
will need certain information from you so that we can supply the SF Blade to you. As part of
your order submission, you will be required to complete our SF Blade delivery and
installation form (the “D&I Questionnaire”), which will provide us full details of:
2.2.1 the proposed installation location of the SF Blade within your property;
2.2.2 the type of floor on which the SF Blade will be installed;
2.2.3 any specific access requirements that we will need to consider as part of the
delivery and installation of your SF Blade at your property, for example whether
you have stairs, if there is adequate parking outside of the property; and
2.2.4 any other information we require in order to properly assess whether the SF Blade
can be delivered and installed at your property.
This information is required to ensure that the SF Blade can be delivered to, installed and
used safely within your property. We may contact you prior to confirming acceptance of your
SF Blade order if we require further information about your D&! Questionnaire. You confirm
and accept that if the information you provided on your D&I Questionnaire is incorrect or
inaccurate, and we are unable to deliver or install the SF Blade as a result, we reserve the
right to cancel your order without any liability and we may recover from you any delivery or
administrative costs incurred.
2.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of
this in writing or by email and will not charge you for the SF Blade and/or Subscription
Services. This might be because the SF Blade 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 SF Blade and/or Subscription Services, because the SF Blade
is not suitable for delivery to or installation in the proposed location within your property,
or because we are unable to make delivery to the address listed on your order.
2.4 Your order number. We will assign an order number to your order and tell you what it is
when we accept your order. It will help us if you can tell us the order number whenever you
contact us about your order.
3. CREATING A USER ACCOUNT FOR OUR SERVICES
3.1 In order to register an account to our Services (a “User Account”), you must be at least 18
years old, and you must have accepted these terms and conditions of use. Whilst a User
Account is not necessary to view our publicly available content or Services, a User Account
is required to make full use of our Services, and you must have an active subscription in order
to enjoy access to all of our recorded workouts, training content and features (“Subscription
Services”) (the “Subscription”).
3.2 In order to create a User Account, you must complete the registration form provided during
the order process. Alternatively, registration can be completed on our website. It is your
responsibility to provide accurate and up-to-date contact information on your User Account,
including your name, address, email address, phone number, credit or debit card number,
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card expiry dates and any other payment information. Your User Account information can
be updated at any time by logging into your User Account settings via our website.
3.3 Once you have linked your User Account with your SF Blade, you will be able to set up
individual user profiles for each member of your household (“User Profiles”). A maximum of
10 User Profiles can be created under one User Account at any given time. Each User Profile
is exclusive to the individual user to whom it relates and should not be used by any other
person. User Profiles can be created and managed via your SF Blade tablet interface.
3.4 Your User Account is exclusive to you and should not be shared with any other person. You
have sole responsibility for the security of your User Account, including your username and
password. We carry no liability for any acts or omissions made by you in connection with
your User Account. If you are aware or have cause to suspect that your User Account login
credentials have been lost or stolen, or if there has been any unauthorised use of your User
Account, you must inform our support team by email at sales@speedflex.com.
4. OUR SF BLADE AND SERVICES, AND OUR RIGHTS TO MAKE CHANGES
4.1 SF Blades may vary slightly from their pictures. The images of the SF Blade 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 SF Blade. Your SF Blade may vary slightly from those images.
4.2 Our right to make minor changes to the SF Blade and/or Subscription Services. We may
make changes to the SF Blade and/or Subscription Services:
4.2.1 to reflect changes in relevant laws and regulatory requirements (e.g., health and
safety changes); and
4.2.2 to implement minor technical adjustments and improvements, for example to
address a security threat. These changes will not materially affect your use of the
SF Blade or Subscription Services.
4.3 More significant changes to the SF Blade and/or Subscription Services and these terms. In
addition, as we informed you in the description of the SF Blade and/or Subscription Services
on our website, we may make changes to these terms or the SF Blade and/or Subscription
Services, 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 SF Blade and/or Subscription
Services paid for but not received.
4.4 Updates to digital content. We may update or require you to update digital content,
including content which forms part of the Subscription Services, provided that the digital
content shall always match the description of it that we provided to you before you bought
it.
5. PRICE AND PAYMENT
5.1 Where to find the price for the SF Blade and/or Subscription Services. The price of the SF
Blade and/or Subscription Services will be the price indicated on the order pages when you
place your order. Prices are inclusive of VAT. We use our best efforts to ensure that the price
of the SF Blade and/or Subscription Services advised to you is correct. However please see
clause 5.3 for what happens if we discover an error in the price of the SF Blade and/or
Subscription Services you order.
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5.2 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 SF Blade and/or Subscription Services, we will adjust the
rate of VAT that you pay, unless you have already paid for the SF Blade and/or Subscription
Services in full before the change in the rate of VAT takes effect.
5.3 What happens if we got the price wrong. It is always possible that, despite our best efforts,
the SF Blade and/or Subscription Services we sell may be incorrectly priced. We will normally
check prices before accepting your order so that, where the SF Blade's and/or Subscription
Service’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 SF Blade's and/or Subscription Service’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.
5.4 When and how you must pay. We accept payment via the Shopify platform, which in turn
accepts most major credit and debit cards (including Visa, Mastercard, Maestro and
American Express), as well as Shop Pay, Google Payments and Apple Pay. You must only use
a credit or debit card if you are the authorised cardholder. When you must pay depends on
what you are buying:
5.4.1 For the SF Blade, you must pay before we dispatch the SF Blade. Your credit or
debit card or other payment option will be charged immediately upon the
placement of your SF Blade order.
5.4.2 For Subscription Services, you must set up your Subscription in accordance with
clause 9 before your User Account is granted access to our Subscription Services.
We will not charge your credit or debit card until your User Account has been
granted access to the Subscription Services.
5.5 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 3% a year above
the base lending rate of Barclays Bank PLC from time to time. 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.
5.6 What to do if you think the price on your order confirmation is wrong. If you think the price
on your order confirmation 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.
6. SF BLADE DELIVERY AND INSTALLATION
6.1 Delivery costs. The costs of delivery will be included in the purchase price unless otherwise
stated on our website and on the order pages when you place your order.
6.2 If your order is for the SF Blade. If your order is for the SF Blade, we will contact you to agree
a suitable delivery date, which will typically be within 1 – 3 months after the day on which
we accept your order, depending on your location and order details. On the agreed delivery
date, our delivery team will require access to your property in order to check the proposed
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installation location (as provided in your D&I Questionnaire) and setup the SF Blade. If the
proposed installation location specified in your D&I Questionnaire is not suitable and an
alternative location is not available, we reserve our right to cancel your order pursuant to
clause 2.2 and clause 12.1.4. If the agreed delivery date in no longer suitable, you must
inform us in writing or by email within 5 working days (being a day other than a Saturday,
Sunday or public holiday in England) prior to the original delivery date. We will then contact
you to agree an alternative delivery date.
6.3 If your order is for Subscription Services. If your order is a Subscription to the Subscription
Services, we will supply the Subscription Services to you until such time as you cancel (or we
terminate or suspend) your Subscription as described in clause 8 below.
6.4 We are not responsible for delays outside our control. If our supply of the SF Blade and/or
Subscription Services 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 to end the contract and receive a refund for any SF
Blade and/or Subscription Services you have paid for but not received.
6.5 If you are not at home when the SF Blade is delivered. If no one is available at your address
to take delivery, then we will call you on the phone number you provided on the D&I
Questionnaire and attempt to re-arrange delivery that same day.
6.6 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange
delivery 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 we may end the contract and clause 12 will apply.
6.7 If you do not allow us access to provide installation services. If you do not allow us access
to your property to perform the installation 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 will apply.
6.8 When you become responsible for the SF Blade. The SF Blade will be your responsibility
from the time we deliver the SF Blade to the address you gave us.
6.9 When you own the SF Blade. You own the SF Blade once we have received payment in full.
6.10 What will happen if you do not give correct information to us. If the information you give
pursuant to clause 2.2 isincomplete or incorrect, we may either end the contract (and clause
12 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 SF Blade
late if this is caused by you not giving us the information we need to deliver and install your
SF Blade.
6.11 Reasons we may suspend the supply of the SF Blade to you. We may have to suspend the
supply of the SF Blade to:
6.11.1 deal with technical problems or make minor technical changes; or
6.11.2 update the product to reflect changes in relevant laws and regulatory
requirements.
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7. MAINTENANCE AND REPAIRS
7.1 Proper care of your SF Blade. When you purchase your SF Blade, you undertake to maintain
and care for your SF Blade following each and every use, on a daily basis and on a monthly
basis, in accordance with the care and maintenance instructions contained in the SF Blade
manual, a copy of which is attached.
7.2 Restrictions on professional maintenance and repairs. Other than in accordance with the
care and maintenance instructions contained in the SF Blade manual, you understand and
unconditionally agree that neither you, nor any other person (other than us or our
representatives), may modify, repair, service, rebuild, replace parts of or otherwise carry out
work on the SF Blade, or any part of it. Should you or any other person attempt to modify,
repair, service, replace parts of, rebuild or otherwise carry out work on the SF Blade, or any
part of it, the warranty provided to you under our warranty policy contained in the SF Blade
manual shall be invalidated and deemed void.
7.3 Notifying us of any issues with your SF Blade. If, when using and/or carrying out the
essential care and maintenance as detailed in the SF Blade manual you become aware that
your SF Blade is malfunctioning or defective, you should report this to our support team by
email at maintenance@speedflex.com. We will arrange an inspection of your SF Blade and,
if we confirm a defect with your SF Blade we will provide any necessary maintenance and/or
repairs to your SF Blade in accordance with our warranty policy in the SF Blade manual.
7.4 Cost of professional maintenance and/or repairs. If maintenance and/or repairs are
required under our warranty policy in the SF Blade manual due to a defect in your SF Blade
during the warranty period (as provided for in our warranty policy), we shall provide any
necessary maintenance and/or repairs free of charge. If your SF Blade is no longer covered
by our warranty, or the problem or the cause of the problem with your SF Blade falls outside
of the scope of our warranty policy in the SF Blade manual, we will charge you call out and
maintenance fees for diagnosing and/or repairing the problem. In addition, we reserve the
right to charge you call out and maintenance fees for any acts or omissions that would
invalidate your warranty pursuant to these terms, including, without limitation, any
improper use and/or the care and maintenance instructions contained in the SF Blade
manual having not been adhered to.
8. SUBSCRIPTIONS
8.1 Subscription. Subject to you creating a User Account and purchasing a Subscription, you shall
receive full access to the Subscription Services via your SF Blade product. You shall continue
to have access to the Subscription Services until such time that your Subscription ceases to
be active. Your Subscription is linked exclusively to your User Account which should not be
shared with any other person.
8.2 Subscription periods. When you take out a new Subscription, you subscribe on a rolling
month-by-month basis. Payment shall be made at the beginning of your Subscription period
and provide access to the Subscription Services for one month. Your Subscription shall
automatically renew each month thereafter until it is cancelled or terminated in accordance
with clause 8.5 or 8.7 below.
8.3 Our rights to make changes to the Subscription. We reserve the right to modify the
subscription plans and change pricing for the Subscription Services. Except where provided
for otherwise by these terms, changes made to the subscription plans or subscription pricing
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will only take effect once we have provided you with reasonable notice (being at least 30
days). If you do not agree to our changes, you may cancel your Subscription in accordance
with clause 8.5 below.
8.4 Termination or cancellation of your Subscription. You may cancel your Subscription at any
time during your relevant subscription period, provided always that you do so at least 48
hours before the subscription period automatic renewal date. You may cancel your
subscription by sending our support team an email at sales@speedflex.com, including
reference to your full name and User Account information, which clearly indicates that your
wish to cancel your Subscription. If you do not cancel your Subscription in accordance with
this clause 8.5, your Subscription shall continue to automatically renew on a month-bymonth basis.
8.5 Subscription refunds. Except where expressly provided for in these terms, or as may be
required by any applicable law, payments made in relation to your Subscription are nonrefundable and we do not offer rebates or credit notes where you cancel your Subscription
during the relevant subscription period. Following a cancellation made pursuant to clause
8.5, you shall continue to enjoy full access to the Subscription Services until the end of your
current subscription period.
8.6 Our rights to terminate or suspend your Subscription. We reserve the right to terminate or
suspend your Subscription immediately without providing you prior notice if:
8.6.1 your User Account information is either false or inaccurate;
8.6.2 your Subscription renewal payment is overdue by more than 7 days; or
8.6.3 you violate or breach these terms, our safety information (as detailed in Clause 9.1
below), any other Speedflex rules, or any other applicable laws.
In the event that we terminate or suspend your Subscription, your right to access and use
the Subscription Services shall also be terminated or be suspended. Additionally, if we
terminate your Subscription, we may, without providing any notice, erase all content, data
and Speedflex information stored on your User Account and SF Blade product. You will
remain responsible for all outstanding sums and charges up to the date we terminate your
Subscription. If we suspend your account and you wish to restore your Subscription, all
overdue sums must be paid in full.
9. CONDITIONS OF USE AND RESTRICTIONS
9.1 You acknowledge and agree that use of the SF Blade and the Subscription Services is
conditional upon you (and all other persons with a User Profile) observing the safety
information provided:
9.1.1 in the SF Blade manual supplied with your SF Blade and attached here; and
9.1.2 via your SF Blade tablet interface;
9.2 You also acknowledge and agree that use of the SF Blade and the Subscription Services is
conditional upon our essential care and maintenance instructions being complied with, as
detailed in the SF Blade manual and clause 7 of these terms.
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9.3 If you (or any other person with a User Profile) fail to follow the conditions provided at clause
9.1 and 9.2 above, your warranty under our warranty policy contained in the SF Blade
manual will be deemed void and we shall not, under any circumstances, be liable for any
indirect or incidental damages suffered (including, without limitation, damage to property
or bodily injury).
9.4 Use of the SF Blade and Subscription Services by any person under the age of 16 years old is
strictly prohibited.
10. YOUR RIGHTS TO END THE CONTRACT
10.1 You can always end your contract with us. 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 and when you decide to end the contract:
10.1.1 If what you have bought is faulty or misdescribed you may have a legal right to
end the contract (or to get the SF Blade repaired or replaced or a service reperformed or to get some or all of your money back), see clause 13;
10.1.2 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;
10.1.3 If you have just changed your mind about the SF Blade and/or Subscription
Services, see clauses 10.3 to 10.5. You may be able to get a refund if you are within
the cooling-off period, but this may be subject to deductions and, in the case of the
SF Blade, you will have to pay the costs of return;
10.1.4 In all other cases (if we are not at fault and there is no right to change your mind),
see clause 10.6.
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 10.2.1 to 10.2.5 below the contract will end
immediately and we will refund you in full for the SF Blade and/or Subscription Services
which have not been provided and you may also be entitled to compensation. The reasons
are:
10.2.1 we have told you about an upcoming change to the SF Blade and/or Subscription
Services or these terms which you do not agree to (see clause 4.3);
10.2.2 we have told you about an error in the price or description of the SF Blade and/or
Subscription Services you have ordered and you do not wish to proceed;
10.2.3 there is a risk that supply of the SF Blade and/or Subscription Services may be
significantly delayed because of events outside our control;
10.2.4 we have suspended supply of the SF Blade and/or Subscription Services for
technical reasons, or notify you we are going to suspend them for technical
reasons; or
10.2.5 you have a legal right to end the contract because of something we have done
wrong.
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10.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). 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 you don't have the right to change your mind. You do not have a right to change your
mind in respect of:
10.4.1 replacement shoulder pads or handle grips for your SF Blade machine, which
cannot be returned for hygiene purposes,
10.4.2 digital products, including the Subscription Services, after you have started to
download, stream or otherwise participate in the same; or
10.4.3 maintenance and/or repair services, once these have been completed, even if the
cancellation period is still running.
10.5 How long do I have to change my mind? How long you have depends on what you have
ordered and how it is delivered.
10.5.1 Have you bought services (for example, maintenance and/or repair 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.
10.5.2 Have you bought digital content for download or streaming (for example, the
Subscription Services)? 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, streaming
or otherwise participating in the Subscription Services. 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.
10.5.3 Have you bought goods (for example, the SF Blade)? If so you have 14 days after
the day you (or someone you nominate) receives the goods.
10.6 Ending the contract where we are not at fault and there is no right to change your mind.
You can end your contract for Subscription Services in accordance with clause 8.5.
11. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
11.1 Tell us you want to end the contract. To end the contract with us, please let us know by
emailing us at sales@speedflex.com. Please provide your name, home address, details of the
order and, where available, your phone number and email address.
11.2 Returning the SF Blade after ending the contract. If you end the contract for any reason
after the SF Blade has been dispatched to you or you have received it, you must return it to
us by allowing us to collect it from you. We will only charge you for collection of the SF Blade
if you are not returning it in the circumstances described in clause 11.3 below. Please email
us at maintenance@speedflex.com to arrange collection. If you are exercising your right to
change your mind you must arrange for the SF Blade to be collected within 14 days of telling
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us you wish to end the contract, unless we are unable to collect within that period in which
case we will inform you of the next available collection date.
11.3 When we will pay the costs of return. We will pay the costs of return:
11.3.1 if the SF blade is faulty or misdescribed;
11.3.2 if you are ending the contract because we have told you of an upcoming change to
the SF Blade and/or Subscription Services 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; or
in all other circumstances (including where you are 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 SF Blade from you, we will charge you the direct cost to us of collection.
11.5 How we will refund you. We will refund you the price you paid for the SF Blade, by the
method you used for payment. However, we may make deductions from the price, as
described below.
11.6 Deductions from refunds if you are exercising your right to change your mind. If you are
exercising your right to change your mind:
11.6.1 We may reduce your refund of the price (excluding delivery costs) to reflect any
reduction in the value of the SF Blade if this has been caused by your handling of it
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 SF Blade and later discover you have handled it
in an unacceptable way, you must pay us an appropriate amount.
11.6.2 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 the SF
Blade within 3-5 days at one cost but you choose to have the SF Blade delivered
within 24 hours at a higher cost, then we will only refund what you would have
paid for the cheaper delivery option.
11.7 When your refund will be made. We will make any refunds due to you as soon as possible.
If you are exercising your right to change your mind then your refund will be made within 14
days of collection of the SF Blade from you.
12. OUR RIGHTS TO END THE CONTRACT
12.1 We may end the contract if you break it. We may end the contract for the SF Blade at any
time by writing to you if:
12.1.1 you do not make any payment to us when it is due and you still do not make
payment within 7 days of us reminding you that payment is due;
12.1.2 you do not, within a reasonable time, allow us to deliver the SF Blade to you;
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12.1.3 we are unable to deliver or install the SF Blade because the information you
provided on your D&! Questionnaire is incorrect or inaccurate (see clause 2.2 for
further details); or
12.1.4 you do not, within a reasonable time, allow us access to your premises to supply
the maintenance and/or repair services.
12.2 We may withdraw the Subscription Services. We may write to you to let you know that we
are going to stop providing the Subscription Services. We will let you know at least 3 months
in advance of our stopping the supply of the Subscription Services and will refund any sums
you have paid in advance for Subscription Services which will not be provided.
13. IF THERE IS A PROBLEM WITH THE SF BLADE AND/OR SUBSCRIPTION SERVICES
13.1 How to tell us about problems. If you have any questions or complaints about the SF Blade
and/or Subscription Services, please contact us by email at maintenance@speedflex.com.
13.2 Summary of your legal rights. We are under a legal duty to supply products that are in
conformity with this contract. See the box below for a summary of your key legal rights in
relation to the product. Nothing in these terms will affect your legal rights.
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 the SF Blade, 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 6 months: if your goods can't be repaired or replaced, then you're entitled to a full refund,
in most cases.
c) Up to 6 years: if your goods do not last a reasonable length of time you may be entitled to some
money back.
See also clause 10.3.
a) If your product is digital content, for example the Subscription Services, 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 10.3.
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If your product is services, for example maintenance and/or repair services, the Consumer Rights
Act 2015 says:
a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or
get some money back if we can't fix it.
b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
13.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject
products you must:
13.3.1 in the case of the SF Blade, arrange for us to collect this (see clause 11.2);
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1 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.
14.2 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 SF Blade and/or
Subscription Services as summarised at clause 13.2; and for defective products under the
Consumer Protection Act 1987.
14.3 When we are liable for damage to your property. If we are providing delivery, installation,
maintenance and/or repair 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
those services.
14.4 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.
14.5 We are not liable for business losses. We only supply the SF Blade and/or Subscription
Services for domestic and private use. If you use the SF Blade and/or Subscription Services
for any commercial, business or re-sale purpose we will have no liability to you for any loss
of profit, loss of business, business interruption, or loss of business opportunity.
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15. 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.
16. RIGHTS IN INTELLECTUAL PROPERTY
The SF Blade and the Subscription Services and their associated brands, content, materials
and other information are protected by intellectual property and other laws in the United
Kingdom and other jurisdictions. You acknowledge and agree that Speedflex and/or its
licensors own all intellectual property rights in the SF Blade and the Subscription Services
and you do not have any right to use such intellectual property rights other than as set out
in these terms.
17. GENERAL TERMS
17.1 We may transfer this agreement to someone else. We may transfer our rights and
obligations under these terms to another organisation. We will always tell you in writing if
this happens and we will ensure that the transfer will not affect your rights under these
terms. If you are unhappy with the transfer, you may contact us to end the contract within
3 months of us telling you about it and we will refund you any payments you have made in
advance for products not provided.
17.2 You need our consent to transfer your rights to someone else (except that you can always
transfer our guarantee in accordance with our warranty policy in the SF Blade manual).
You may only transfer your rights or your obligations under these terms to another person
if we agree to this in writing. However, we may not agree if there are reasonable reasons for
doing so (for example, if supplying the SF Blade and/or Subscription Services to the
transferee could result in us being in breach of our statutory or lawful obligations). If we
consent to you transferring your rights or your obligations to a third party, that third party
will be required to set up a User Account in accordance with clause 3. Furthermore, that
third party will be required to take out a new Subscription to the Subscription Services in
order to gain full access to the safety information that they will be required to acknowledge
and accept as part of the conditions of use contained at clause .
17.3 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.
17.4 Severability. 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.
17.5 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 SF Blade and/or Subscription Services, we can still require you to make the
payment at a later date.
17.6 Which laws apply to this contract and where you may bring legal proceedings. 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
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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.
17.7 Alternative dispute resolution. Alternative dispute resolution is a process where an
independent body considers the facts of a dispute and seeks to resolve it, without you having
to go to court. If you are not happy with how we have handled any complaint, you may want
to contact an alternative dispute resolution provider. Mediation can be an effective way of
resolving disputes and you may want to contact the Centre for Effective Dispute Resolution
who have a Model Mediation Process that we would be happy to follow if the circumstances
are appropriate. If you or we are not satisfied with the outcome either of us can still bring
legal proceedings.