1. INFORMATION ABOUT US AND THESE TERMS
- 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 at Nelson 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.
- 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”.
- 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 email@example.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).
- 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.
- 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 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.
- 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 “Delivery Form”), which will provide us full details of:
- the proposed installation location of the SF Blade within your property;
- the type of floor on which the SF Blade will be installed;
- 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
- 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 Delivery Form. You confirm and accept that if the information you provided on your Delivery Form 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.
- 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.
- 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.
- 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”).
- 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 at [LINK]. 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, 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 at [LINK].
- 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.
- 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 firstname.lastname@example.org.
- 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.
- 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:
- to reflect changes in relevant laws and regulatory requirements (e.g., health and safety changes); and
- 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.
- 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.
- 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.
- 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 3 for what happens if we discover an error in the price of the SF Blade and/or Subscription Services you order.
- 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.
- 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.
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. For orders relating to the SF Blade, we also have payment options available through Klarna (see clause 6 for further details). When you must pay depends on what you are buying:
- 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.
- 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.
- 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.
- 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. FINANCING WITH KLARNA
- Klarna. In co-operation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”), you also have the option to finance your SF Blade order over a 36-month fixed period. This enables you to spread the cost of your SF Blade purchase over 36 equal monthly payments with an interest rate of 14.9% APR. Based on our typical purchase price, this would equate to approximately £87.00 per month. To make use of financing with Klarna, select the Klarna option when completing your order. This will take you through Klarna’s finance application process.
- Who can use financing with Klarna? Financing with Klarna is subject to your financial circumstances. To make use of financing with Klarna, you must be a permanent UK resident and be at least 18 years old. If you apply for financing with Klarna, your application will be subject to Klarna’s review of your financial circumstances and a full credit search. If you are approved, your statements and payments will be visible and manageable via the Klarna App.
- Our role. Speedflex is authorised and regulated by the Financial Conduct Authority (FCA RFN 949628) and acts as a credit intermediary and not a lender, offering credit products to UK customers provided exclusively by Klarna Bank AB (publ), subject to status, terms and conditions apply. Klarna Bank AB (publ) is authorised and regulated by the Swedish Financial Supervisory Authority. Deemed authorised by the Prudential Regulation Authority. Subject to regulation by the Financial Conduct Authority and limited regulation by the Prudential Regulation Authority. Details of the Temporary Permissions Regime, which allows EEA-based firms to operate in the UK for a limited period while seeking full authorisation, are available on the Financial Conduct Authority’s website.
- Further information. Visit Klarna’s FAQ page, which can be found here,to find out more about using Klarna. Klarna’s terms and conditions can be found here. Your personal data is handled in accordance with the relevant data protections laws and in accordance with Klarna’s privacy notice, which can be found here.
7. SF BLADE DELIVERY AND INSTALLATION
- 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.
- 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 installation location (as provided in your Delivery Form) and setup the SF Blade. If the proposed installation location specified in your Delivery Form 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 13.1.4. 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.
- 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 9 below.
- 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.
- 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 Delivery Form and attempt to re-arrange delivery that same day.
- 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 13 will apply.
- 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 13 will apply.
- 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.
- When you own the SF Blade. You own the SF Blade once we have received payment in full.
- What will happen if you do not give correct information to us. If the information you give pursuant to clause 2.2 is incomplete or incorrect, we may either end the contract (and clause 13 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.
Reasons we may suspend the supply of the SF Blade to you. We may have to suspend the supply of the SF Blade to:
- deal with technical problems or make minor technical changes; or
- update the product to reflect changes in relevant laws and regulatory requirements.
8. MAINTENANCE AND REPAIRS
- 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 available at [LINK].
- Restrictions on professional maintenance and repairs. Other than in accordance with the care and maintenance instructions contained in the SF Blade manual, available at [LINK], 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.
- 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 [LINK] you become aware that your SF Blade is malfunctioning or defective, you should report this to our support team by email at email@example.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 [LINK].
- Cost of professional maintenance and/or repairs. If maintenance and/or repairs are required under our warranty policy in the SF Blade manual [LINK] 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 [LINK], 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 [LINK] having not been adhered to.
- 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.
- 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 9.5 or 9.7 below.
- Free trial. When you purchase your SF Blade, your purchase may include a free trial period to the Subscription Services (“Trial Subscription”). Your Trial Subscription shall commence on the date of delivery of your SF Blade and shall continue for a period of 30 days thereafter. You may need to have current and valid payment information registered on your User Account in order to activate your Trial Subscription. If you do not cancel your Trial Subscription before the end of the relevant period, it shall automatically convert into a rolling month-by-month paid Subscription and will be billed in accordance with clause 9.2 above.
- 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 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 9.5 below.
- 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 firstname.lastname@example.org, 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 9.5, your Subscription shall continue to automatically renew on a month-by-month basis.
- 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 non-refundable 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 9.5, you shall continue to enjoy full access to the Subscription Services until the end of your current subscription period.
- 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:
- your User Account information is either false or inaccurate;
- your Subscription renewal payment is overdue by more than 7 days; or you violate or breach these terms, our safety information (as detailed in Clause 10.1 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.
10. CONDITIONS OF USE AND RESTRICTIONS
- 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:
- in the safety manual supplied with your SF Blade;
- via your SF Blade tablet interface; and
- on our website, which can be accessed at [LINK].
For the avoidance of doubt, the safety information provided on our website will always be the latest version and should be referred to in the first instance.
- 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 [LINK] and clause 8 of these terms.
- If you (or any other person with a User Profile) fail to follow the conditions provided at clause 10.1 and 10.2 above, your warranty under our warranty policy contained in the SF Blade manual [LINK] 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).
- Use of the SF Blade and Subscription Services by any person under the age of 16 years old is strictly prohibited.
11. YOUR RIGHTS TO END THE CONTRACT
- 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:
- 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 re-performed or to get some or all of your money back), see clause 14;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
- If you have just changed your mind about the SF Blade and/or Subscription Services, see clauses 3 to 11.5. 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;
- In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.
- 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 11.2.1 to 11.2.5 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:
- 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 3);
- 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;
- there is a risk that supply of the SF Blade and/or Subscription Services may be significantly delayed because of events outside our control;
- 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, in each case for a period of more than [PERIOD]; or
- you have a legal right to end the contract because of something we have done wrong.
- 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.
- When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
- resistant bands, or replacement shoulder pads or handle grips for your SF Blade machine, which cannot be returned for hygiene purposes,
- digital products, including the Subscription Services, after you have started to download, stream or otherwise participate in the same; or
- maintenance and/or repair services, once these have been completed, even if the cancellation period is still running.
- How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
- 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.
- 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.
- 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.
- 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 9.5.
- Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- 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 12.3 below. Please email us at firstname.lastname@example.org 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 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.
When we will pay the costs of return. We will pay the costs of return:
- if the SF blade is faulty or misdescribed;
- 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.
- 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. We charge [INSERT AMOUNT] for collection of the SF Blade.
- 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.
- Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
- 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.
13. OUR RIGHTS TO END THE CONTRACT
- 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:
- 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;
- you do not, within a reasonable time, allow us to deliver the SF Blade to you;
- we are unable to deliver or install the SF Blade because the information you provided on your Delivery Form is incorrect or inaccurate (see clause 2.2 for further details); or
- you do not, within a reasonable time, allow us access to your premises to supply the maintenance and/or repair services.
- 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.
14. IF THERE IS A PROBLEM WITH THE SF BLADE AND/OR SUBSCRIPTION SERVICES
- 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 email@example.com.
- 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 11.3.
- 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 11.3.
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).
Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must:
- in the case of the SF Blade, arrange for us to collect this (see clause 12.2); or
- in the case of resistant bands for your SF Blade, post them back to us at [ADDRESS]. We will pay the costs of postage. Please contact our support team by email at firstname.lastname@example.org to request a returns label.
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- 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.
- 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 2; and for defective products under the Consumer Protection Act 1987.
- 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.
- 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.
- 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.
16. HOW WE MAY USE YOUR PERSONAL INFORMATION
17. 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.
18. GENERAL TERMS
- 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 [PERIOD] of us telling you about it and we will refund you any payments you have made in advance for products not provided.
- 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, available here. 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 10.
- 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.
- 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.
- 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.
- 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 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.
- 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.