TERMS AND CONDITIONS

1. FOREWORD

These Terms of Service apply to each and every user User visiting and/or using this Service, Content and/or Services. These Terms of Service are available on our Website. Along with the Privacy Policy, these Terms of Service constitute a single, legally binding document between you and The Website. These Terms of Service are split into sections for convenience. Other Terms may be included in these Terms of Service by means of reference.

Terms & Conditions effective as of the 01 of September, the year 2018.

2. INTRODUCTORY CLAUSE

2.1. Definitions
References contained within this Agreement, such as:

  • “Service”, “Website”, “iamfloorball.co.uk”, “We” or “Us” mean iamfloorball.co.uk, owned and operated by I AM FLOORBALL LTD.;
  • “You”, “Your” and “User” means a natural person with an ability to perform acts in law, conducting a business activity or in other way holding the right, regulated by national provisions, to participate in the Service, if necessary;
  • “Consumer” is a natural person, who is acting outside the scope of an economic activity (trade, business, craft or liberal profession);
  • “Purchase” means a concluded sales agreement between the Service and You, further governed by these Terms of Service and Purchase Terms, if not expressly agreed to otherwise;
  • “Order” means a placed request for goods or services by the User towards the Company;
  • “Customer Support” means a team working to resolve any issues or questions that the Users may have in connection to the Service’s Website or possible purchases.

2.2. Who are we?
Iamfloorball.co.uk, hereinafter referred to as: “We”, “Us”, “Service” or “Website” is operated by or on behalf of I AM FLOORBALL LTD., situated at (34 Shepherd-street, St. Leonards-on-sea, East Sussex, TN38 0ET), the United Kingdom, hereinafter referred to as: “We”, “Us” or “Company”. If you place an order through the Website, upon order confirmation you have entered into an agreement, which shall be executed by I AM FLOORBALL LTD., and further governed by these Terms of Service and the Purchase Terms stated within Section 3 of this Agreement. If an individual agreement between the Company and You have not been concluded, these Terms of Service and Purchase Terms stated in Section 3 shall apply in full.

3. REGISTRATION AND USER ACCOUNT

3.1. Registration Eligibility
This Agreement may be concluded with physical or natural persons who are of: (a) sufficient legal age to perform acts in law, or; (b) fulfil all statutory requirements to perform acts in law. If you are a natural person, the following shall apply to you: (a) if you are not of sufficient legal age required in your respective jurisdiction, parental or guardian consent is requested, (b) users, which are at least 18 years of age or older may enter into this Agreement with the Service. You hereby represent and warrant for the truthfulness, reliability and accuracy of the information provided to the Service for the purposes of registration and account usage, as well as for any questions or required information regarding the offered services by the Service. You further represent that you are from sufficient legal age and capacity, at least 18 years of age and competent to enter into this agreement.

3.2. Registration Conditions
For the purposes of registration, some personal information may be required from you. Please note that without a registered User Account, some features of our Service may not be available to you. In order to register with the service, some personal information (not excluding) name, surname, date of birth, residential address, city/state, gender and e-mail address may be required from you. The Service further offers registration of the User’s Account via certain social networks (ex. Facebook, Twitter etc.), in which case personal information shall be linked the User’s respective social network account, with the User’s permission. Please note that the registration of your User Account. Users agree that the Service may not be able to register a new User Account in the case that the User’s social media account violates the respective third-party website’s Terms of Service, Usage and Privacy Policies. The Service may also terminate the User’s User Account in the case that the User’s social media account has been terminated, for whatever reason.

4. PURCHASE TERMS

4.1. Scope of Application
We are very happy that you have chosen us for purchasing excellent quality goods through our Website. Section 3 of this Agreement shall apply to all cases involving orders placed by the Users via the Service’s Website, unless excluded from application expressly by the Company, in writing. This Section is to regulate the Specifications and Suitability of the purchased Products, Maintenance Requirements, processed of Ordering and Payment of the Services, some information regarding the Purchase Price and Invoicing, Cancellation of your Order, Deliveries, Returns and Exchanges of the products chosen by you. You may contact us via the provided contact information in cases of any questions regarding your Purchase.

4.2. Product specifications and suitability
The Website offers specific products, the performance and characteristics of which may depend on their size, specific dimensions or material. The Website shall include a list of specifications in each product offered by the Website to the Users. The Service however does not warrant for the empiric correctness of such measurements. The Service further disclaims any liability of color choice due to variations in displays of the User.

4.3. Product Maintenance
The Website shall include a brief manual about the maintenance of the products offered in either physical or digital form, available on the Website. Such instructions are provided in order for your selected product to be maintained as long as possible. Please note that the maintenance instructions may not provide solutions for regular wear and tear of the product or the ageing of the product.

4.4. Orders
Upon selecting the appropriate product, its specifications and quantity, you shall be directed to the Checkout section including information regarding the order you are about to place. Please note that the Checkout section contains further instructions on selecting the appropriate shipping method and selecting the preferred payment protocol.

4.5. Payment and Purchase Price
Upon Checkout, you will be requested to choose a preferred payment protocol. Upon selecting your preferred method of payment, your payment request shall be prompted to a secure server in order to enter the appropriate billing information in order to process your payment. Upon payment processing, the order shall be shipped by the Company in accordance to the preferred method of shipment. All prices included on the Website contain VAT. Purchases at our site are only allowed with cards issued in Great Britain.

4.6. Invoicing
The Service shall generate an Invoice if requested to do so by the Buyer upon checkout. Upon payment of the purchase price, you will receive a Payment Confirmation/Invoice through the e-mail address provided by you upon checkout.

4.7. Order Cancellations
Orders may be cancelled prior to being shipped by the Company. If you cancel the order after the shipment, please return the product within 14 days of such cancellation. Customized product orders may not be cancelled either prior or after shipment of the delivery.

4.8. Delivery Policy
The Service shall deliver your goods via your preferred chosen courier. Orders within the United Kingdom will be handled by (state courier(s)). Orders outside the United Kingdom will be handled by (state courier(s)).

4.9. Return Policy
If you wish to return the product for whatever reason, you have the right to do so within 14 days of delivery of the product to you. All orders may be returned in store, or via a postal courier sent to (state return address). If you have paid using a credit/debit card, a refund/exchange will be processed at the till point. If you have chosen another method of payment, such as Apple Pay or PayPal, the Service send your order back to our distribution center on your behalf so the transaction can be reversed, or your order can be exchanged and resent back out to you. Returns of Personalized products are not possible. We shall accept returns of personalized products in the case the product are damaged or defective.

4.10. Losses in Transit
Our liability is limited by providing the ordered goods to the preferred method of shipment you have chosen. If your order has been lost resulting from the shipment or transfer of goods, please contact the postal courier service handling the delivery of the order to you.

4.11. Exchange Policy
Exchanges of a specific product for another for any reason whatsoever may be requested within 28 days of the date of delivery of the product. If you have requested an exchange with the Website, please return the goods via any courier to the Company at (state return address). Personalized products may not be exchanged. Any excess payments will be returned to you in a manner consistent with subsection 3.9.

4.12. Damages or Defects of Products
If any goods provided by us are damaged or defect, please require a refund or return by us. Depending on the right to refund or return you have chosen, the subsections mentioned above shall apply.

5. YOUR USAGE OF THE WEBSITE

5.1. Website Content
Copyright (c) [2018] The Service. All rights reserved.

This Website’s content is primarily original, unless stated and/or attributed otherwise. The site’s content is gathered, modified and published with respect to the Authors (Licensors) in accordance with all applicable law. The Service, together with any associated Licensors owns and controls the appropriate copyright and/or other intellectual property rights of the complete content displayed on the Website. All the copyright and/or other intellectual property rights regarding this Service’s full content (including, without limitations: Sections of this Website, which are or are not available to the general public, users without a User Account, persons with authorized access to specific sections of the Service) are fully reserved. All eventual further licensing and/or transfers of copyright and/or other intellectual property rights regarding the design, content and/or functionality of this Service can only be transferred via binding agreement between The Service, requiring express consent towards the transfer of these rights to third parties upon their previous request, which is made available to this Service’s visitors. Users are allowed to: (a) View specific pages of this Service which are allowed for his/her use; (b) Download pages from this Service for the means “caching” in a web browser, print pages from this Service, stream audio or video files from this Service; (c) Use the services that this Service offers, using a personal computer or mobile device web browser; (d) Use this Service’s content, functionality and/or services for personal or business purposes, in accordance with the Service’s Terms and Conditions. One is to abstain from: (a) Download content from this Service and/or save content to one’s private computer and/or mobile device; (b) Editing or modifying content directly on this Service; (c) Exploiting or redistributing this Service’s content for commercial purposes; (d) Selling, renting or subletting this Service’s content for profit or any other purposes.

5.2. Copyright and Trademark notice
The Website, its logo, any products, services, names or slogans contained within the Website, corporate correspondence or any other space distinguishing the Service are registered trademarks of the Company, and may not be copied, used or imitated, in whole or partially, without express written consent of the trademark or other intellectual property or copyright holder. Other trademarks, company names, logos or other intellectual property rights appearing on the service are the property of their respective owners or holders. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa. The Service, its affiliates, suppliers, licensors and licensees own all right, title and interest, without exclusion to intellectual property rights appearing on the Service, corporate correspondence or any other space distinguishing the Service or its affiliates, suppliers, licensors and licensees.

5.3. Disclaimer on warranties
The Company’s website, content and services are all provided “as is”. The Website does not unilaterally provide any express or implied terms, representations, warranties or conditions. The Website, its employees, offices, agents or other representatives are further not liable, to the maximum extent permitted by law for any: direct, indirect, special or consequential loss; business or private losses, including: income, savings, or profit loss, loss of contract, loss of goodwill or representations loss, warranty loss, data corruption, personal loss. The aforementioned limitations are voided in the exclusive case that The Website has willingly voided its limitation of liability in a specific Set of Terms and/or Contract. Limitations apply in the case that The Website had been advised of the potential loss.

5.4. Limitation of Liability
You hereby agree to indemnify and hold the Service, it’s owner Company, Representatives and Partners harmless from and against any loss, cost, damage and expense, including but not limited to: attorneys’ fees and court costs, arising directly or indirectly from Your use of the Website, software or services and/or Your breach of any representation, warranty or restriction contained in this agreement. You expressly agree that you shall withhold of class action suits against the Service, and that all (if any) proceedings against the Service occur, such shall be handled on an individual basis, based on rules established and agreed to in these Terms of Service. If any lawsuits are to occur, you agree that your action will not supersede the amount of 100 Pounds Sterling, or the expenses made whilst using this Service, whichever is greater. The Service does not accept any class action or joint lawsuit against the Service on any grounds. The User hereby understands and agrees that the Service shall handle all grievances, disputes, controversies or possible litigation individually, on a case by case basis. Provided that the parties undergo Alternative Dispute Resolution or standard Litigation proceedings, the prevailing party shall have the right to be reimbursed of all litigation expenses, inclusive of all court costs and reasonable attorney’s fees from the non-prevailing party. Except for those rights expressly granted within these Terms of Service, no other rights are granted to Users. All copying, usage, distribution or further use of copyrights or other intellectual property rights on behalf of the Service are subject to previous consent. Usage of these materials, symbols, logos and slogans must be with a previous written notice by the holder of such rights. Any sold, branded or re-sold products on our Website might contain symbols proprietary to their manufacturer.

5.5. Breach of these Terms
The Website reserves the right to terminate or suspend User’s access to the website and available software, if, under appropriate circumstances, the User’s behavior has been deemed a material violation of the provisions stated in this Agreement. The Website reserves all rights to deem any User Submission inappropriate even if in compliance with these provisions. The Website further reserves all discretional rights under this subsection when dealing with specific breaches not included in this Agreement, provided that the User’s behavior on the Website causes a nuisance towards other Users or affected third parties. The Website reserves the right to excursive discretional rights under this subsection in cases of profanity, obscenity or other inappropriate behavior under the current moral and legal standards. The discretional rights of the Website are as follows: (a) Suspension or Termination of Your User Account with or without previous notification; (b) Temporary or permanent bans from Our Websites with or without previous notification; (c) other methods our staff/administrators see fit. The Website, in dealing with specific breaches of these provisions, does exclude bringing up civil and/or penal legal action against an individual or group, whom or which have taken part in this type of behavior. Note that the Service may disclose your personal information in the necessary range under applicable law in connection with any current or future legal proceedings in order to constitute or defend its respective rights or in case The Website needs to comply with the demands (namely formal requests) of appropriate State authorities.

5.6. User Submissions
For the purposes of this Agreement, a User Submission is any form of digital communication not excluding: comments, blog posts, multimedia files, GIFs, videos, photos or voice memos submitted by the User to the Website. Upon uploading a User Submission, the Uploading User represents and warrants that the User Submission is: (a) free of any legal deficit(s) or claims from any affected third parties, (b) the uploading User has all appropriate authorizations towards the user submission, in its tangible or intangible form, where appropriate. Without prejudice o penal or civil liability, any breach of the provisions stated forth in this Section may be grounds for exercising the reserved discretional rights the Service has reserved towards the respective User. By sharing any User submissions on the Website, the User hereby declares that: (a) the User is the author or holder of rights to share this User Submissions, and (b) if the User is not an author of the User Submissions has all rights or approvals that originate from a viable legal source; (c) The User hereby agrees that the User Submission may be further shared and/or uploaded in its original or derivative form by the Website.

5.7. Unsolicited Ideas
Without prejudice to reserved discretional rights under specific circumstances of material breaches to this Agreement’s provisions as explained above, the Website believes in the plurality of opinion and the freedom of expression. Content uploaded by Users and other parties not connecter or associated with the Company are their respective personal opinion. The Website does not endorse any opinion, idea or concept arising out of User Submissions submitted on the Website. The Website disclaims any association with any User or User Submission, as the Website is operating on an open World Wide Web. If you have any concerns regarding obscene, profane or inappropriate User Submissions, please contact us.

6. MISCELLANEOUS TERMS

6.1. Contact Us
The Website is owned and operated by I AM FLOORBALL LTD., having their premises at (address), the United Kingdom. The Company Number is 11223007, VAT number (VAT number). You may contact the Company directly by telephone on telephone number (telephone number), Customer Support e-mail at (customer support e-mail) or by post addressed to the Company on the following address (address).

6.2. Priorities
As an online marketplace, we care about User satisfaction and try and make your User experience as enjoyable and smooth as possible. If you have any inquiries, questions or other suggestions towards us, please let Us know via the provided contact information.

6.3. Continuity of these Documents
These Terms of Service are in effect as of the date stated above. Any Agreements concluded under this version of the Terms of Service shall be executed in accordance with the applicable version of the Terms of Service as of the date of solemnization of the Agreement between the parties. These Terms of Service may be subject to change from time to time. User shall be notified in an appropriate place on the Website about the renewal of these Terms of Service no later than (10?) days in advance. Termination of this Agreement may occur immediately as per the Service’s reserved rights in this Agreement or by the User withdrawing consent to be bound by this Agreement. All due obligations of the Service towards the Users shall be waived once this Agreement is terminated on the User’s behalf.

6.4. Data Protection Policy
The Website and the Company care about the Privacy and protection of your Personal Data. As a service bound by codes of ethics and etiquette, in accordance with the fair information processes, the Website shall attempt to prevent any security breach which may occur on a large scale due to cyber-attacks or hacking, no later than 72 hours upon becoming aware of such security occurrence. We will actively work to remove any threats to your Personal Data stored with us in accordance to our Privacy Policy.

6.5. Assignment of Agreement
This Agreement may not be transferred or assigned towards another party without the Company’s prior written consent. This Agreement shall be in effect to all potential heirs or successors of the person bound by this Agreement. This Agreement may be assigned by the Company towards another person in sole discretion, in which case the Company shall warrant for the sufficient fulfillment of contractual obligations by the Assignee.

6.6. Applicable Law and Jurisdiction
In accordance with section 3 of Regulation Rome I on contractual obligations, the parties hereby agree that the applicable and usable law on this Agreement is the law of the U.K. In cases of any disputes or controversies between the User and the Company, the parties agree to resolve these disputes in a fair and amicable manner avoiding bringing up civil actions (namely by mediation, med-arb , or arbitration proceedings). In the case the parties agree to waive the aforementioned and pursue litigation in court, the competent court shall be the court as designated by the U.K Codes on Civil Procedure. This clause does not affect any rights under Consumer Protection regulations of the EU or the UK. If any provision of this agreement is rendered invalid by an operation of law or binding court decision, such provision shall be altered to be applicable as close to the original provision as possible under applicable law.

6.7. Vis Major
In no event shall the Company be held liable for any delays, inability or defects in execution of the content of this Agreement with the User in cases involving Acts of God, such as natural hazards not caused by human factor, earthquakes, storms, tsunami, natural disasters, incidence and distribution of factors materially threating human health on a large scale etc.

6.8. Consumer Protection Clause
Nothing in these documents is constructed in order to limit Consumer Protection rights as per the laws of your respective jurisdiction. For the purposes of this document, the User agrees that a consumer should be a natural person, who is acting outside the scope of an economic activity (trade, business, craft, and liberal profession).