EV Sports Terms and Conditions
Date: 18th March 2021
Prepared by: Emma Shergold
Please read all these terms and conditions
Your booking can be accepted and be made a legally enforceable agreement without further reference to you, so you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
- These Terms and Conditions will apply to the booking and/or purchase of sports massage and/or coaching session(s) by you (the Client or you).
- EV Sports Ltd (trading and referred to in these terms and conditions as EV Sports) is a company registered in England and Wales under number 11234910 whose registered office is at Portsmouth Technopole, Kingston Crescent, Portsmouth, Hampshire, PO2 8FA with email address email@example.com; and telephone number 07547 195551 (EV Sports).
- These are the terms on which we sell and deliver all sports massage and/or coaching sessions to you. By ordering any of the sessions, you agree to be bound by these Terms and Conditions.
- Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- Contract means the legally-binding agreement between you and us for the supply of the Sessions;
- Delivery Location means EV Sports’ premises or other location where the Sessions are to be delivered, as set out in the Booking;
- Goods means any goods that we supply to you with the Sessions, of the number and description as set out in the Booking;
- Booking means your request for Sessions from EV Sports;
- Sessions means the sports massage and/or coaching sessions, including any Goods, of the number and description set out in the Booking.
- The description of Sessions and any Goods is as set out on our website, or other form of advertisement and media.
- All Sessions are subject to availability.
EV Sports can make changes to the Sessions which are necessary to comply with any applicable law or safety requirement. You will be notified of these changes.
- You will be required to complete a New Client Form if:
- you are a new Client to EV Sports; or
- it has been more than six months since your last Booking.
- You must provide EV Sports with accurate and relevant information required to provide delivery of the Sessions, including a valid email and/or mobile number.
- Failure to comply with the above is a Client default which entitles us to suspend performance of the Sessions until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you, or without notice to you if a valid email and/or mobile number is not provided.
Basis of Sale
- The description of the Sessions and any Goods on our website, or other form of advertisement and media does not constitute a contractual offer to sell the Sessions or Goods.
- When a Booking has been made, we can refuse it for any reason, although we will try to tell you the reason without delay.
- A Contract will be formed for the Sessions booked, only upon EV Sports sending an email to you confirming that the Booking has been accepted or, if earlier, the delivery of the Sessions to you.
- No variation of the Contract, whether about description of the Sessions, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by you and EV Sports in writing.
Price and Payment
- The price (Prices) for the Sessions, the price of any Goods (if not included in the Price) and any additional delivery or other charges is that set out in our price list current at the date of the Booking or such other price as we may agree in writing.
- Prices and charges include VAT (if registered) at the rate applicable at the time of the Order.
- Payment for Sessions must be made at the time of booking (all Sessions) or at the end of each session (Sports Massage only). You must pay by credit or debit card, bank transfer, or cash.
- Any payments made after the end of the Session will incur a £10 admin fee.
- We will deliver the Sessions, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:
- in the case of Sessions, within a reasonable time; and
- in the case of Goods, without undue delay and, in any event, not more than 30 calendar days from the day on which the Contract is entered into.
- In any case, regardless of events beyond our control, if EV Sports does not deliver the Sessions on time, you can require us to reduce the Price or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
- In any case, regardless of events beyond our control, if EV Sports does not deliver the Sessions or Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
- EV Sports has refused to deliver the Sessions or Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
- after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
- If you treat the Contract at an end, EV Sports will (in addition to other remedies) promptly return all payments made under the Contract.
- If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Booking for any Sessions or Goods or rejecting Goods that have been delivered and, if you do this, EV Sports will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them or allow us to collect them from you and we will pay the costs of this.
- If you or your nominee fail, through no fault of ours, to take delivery of any Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
- The Goods will become your responsibility from the completion of delivery or Client collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
- Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
- You do not own any Goods until payment has been received in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and cancellation
- You can withdraw the Booking by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
- You can cancel the Contract for Session(s) by telling us no later than 48 hours before your Session is due to start.
- If you simply wish to change your mind and without giving us a reason, and without liability for any Goods, you must return to any of our business premises the Goods in undamaged condition at your own expense. Then we must without delay refund to you the price for those Goods which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods.
- We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
- Upon delivery, any Goods will:
- be of satisfactory quality;
- be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
- conform to their description.
- EV Sports will deliver all Sessions with an appropriate level of skill and care.
- In relation to the Sessions, anything we say or write to you, or anything someone else says or writes to you on our behalf, about EV Sports or about the Sessions, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Sessions after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by EV Sports or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Duration, termination and suspension
- The Contract continues until the end of any Sessions you have booked.
- Either you or EV Sports may terminate the Contract or suspend the Sessions at any time by a written notice of termination or suspension to the other if that other:
- omits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
- is subject to any step towards its bankruptcy or liquidation.
- On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
- EV Sports respects your privacy and complies with the General Data Protection Regulation with regard to your personal information.
- EV Sports is registered with the Information Commissioner’s Office: Registration ZA325430.
- For the purposes of these Terms and Conditions:
- ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
- ‘GDPR’ means the UK General Data Protection Regulation.
- ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
- EV Sports is a Data Controller of the Personal Data we Process in providing Sessions and Goods to you.
- Where you supply Personal Data to us so we can provide Sessions and Goods to you, and we Process that Personal Data in the course of providing the Sessions and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
- before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- we will only Process Personal Data for the purposes identified;
- we will respect your rights in relation to your Personal Data; and
- we will implement technical and organisational measures to ensure your Personal Data is secure.
- For any enquiries or complaints regarding data privacy, you can email firstname.lastname@example.org.
Successors and sub-contractors
- Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. EV Sports will be liable for the acts of any sub-contractors who it chooses to help deliver its Sessions.
Circumstances beyond the control of either party
- In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Client’s above rights relating to deliveryand the right to cancel below.
- We do not exclude liability for:
- any fraudulent act or omission; or
- death or personal injury caused by negligence or breach of EV Sports’ other legal obligations.
- Subject to this, we are not liable for:
- loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or
- loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Sessions and Goods wholly or mainly for your business, trade, craft or profession.
Governing law, jurisdiction and complaints
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Walesor, where the Client lives in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland respectively.
- EV Sports will try to avoid any dispute, so deal with complaints as follows: If a client has any issues or concerns following delivery of Sessions or Goods, they should contact Emma Shergold at email@example.com in the first instance.
- EV Sports is a member of the Complementary and Natural Healthcare Council (CNHC), Registration 000071-B09, and aims to follow the Code of Conduct, Ethics and Performance, a copy of which can be found on the CNHC Website.