1. These terms
1.1. What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services.
1.2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products 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 think that there is a mistake in these terms or require any changes, please contact us to discuss.
1.3. Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- You are an individual.
- You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4. If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Information about us and how to contact us
2.1. Who we are. We are SB Skate Ramps Limited trading as SB Skate Ramps, a company registered in England and Wales. Our company registration number is 11374666 and our registered office is at Horley Green House, Horley Green Road, Halifax, England, HX3 6AS.
2.2. How to contact us. You can contact us by telephone at 0333 577 0995, by post at SB Skate Ramps, Horley Green House, Horley Green Road, Halifax HX3 6AS, or by e-mail at firstname.lastname@example.org
2.3. 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.
2.4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
2.5. Who are we for installations. We are Shawboard Pro Skate Ramps Limited, Our company registration number is 11236970 and our registered office is at Horley Green House, Horley Green Road, Halifax, England, HX3 6AS.
2.6. How to contact us. You can contact us by telephone at 0333 577 0995, by post at Shawboard Pro Skate Ramps Limited, Horley Green House, Horley Green Road, Halifax HX3 6AS, or by e-mail at email@example.com
3. Our contract with you
3.1. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because (by way of example) the product 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 product or because we are unable to meet a delivery deadline you have specified.
3.3. 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.
3.4. We accept orders from the UK. If your order is from an address outside the UK this may be subject to approval.
4. Our products
4.1. Products may vary to some degree from their pictures. The images of the products 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 products. Your product may vary to some degree from those images. All timber materials that are used in are products are natural, and they may have different colours or appearances, and be bent or twisted. On occasion, certain manufacturing operations may not be possible to perform on some of the components due to time constraints or other factors during manufacture. Please also note that any product that is used or stored outdoors may weather and change colour or appearance over time. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 8% tolerance.
4.2. Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
4.3. Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website or by contacting us.
4.4. Maintaining your product in good condition. We advise that you apply an external wood preservative on to all the plywood components to preserve the looks and life of the ramp. Any localised imperfections, wear or damage to the plywood can usually be sanded smooth and re-treated and it shouldn’t affect the overall performance of the structure. Be aware that the riding surfaces are a wearable item and may in future require replacement.
5. Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. Our rights to make changes
6.1. Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements (for example where the law or regulation may change outside the UK; and
(b) to implement minor technical adjustments and improvements (for example design)
6.2. More significant changes to the products and these terms. In addition, we may make the changes to these terms or the product, 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 products paid for but not received.
7. Providing the products
7.1. Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2. Travel time and accommodation costs. Where the product is a service to install goods at a location of your choosing, we shall be entitled to charge a reasonable fee for our travel time and accommodation costs.
7.3. When we will provide the products. During the order process we will let you know when we will provide the product(s) or service(s) to you.
7.4. We are not responsible for delays outside our control. If our supply of the products 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 products you have paid for but not received.
7.5. If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.6. If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot 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 or collection we may end the contract.
7.7. If you do not allow us access to provide services. If you do not allow us access to your property to perform the 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.
7.8. When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.
7.9. Products damaged in transit. You must inspect each product upon delivery. We and you agree that any products delivered are full, complete, and undamaged unless: (a.) you notify the delivery courier of such missing pieces or damage; (b.) the delivery courier makes a note of this on the delivery receipt; and (c.) you notify us of this within 7 days by e-mail (with supporting photographs) at firstname.lastname@example.org. We reserve the right to have any damaged product to be returned to us to be replaced.
7.10. When you own goods. You own a product which is goods once we have received payment of your order (including all goods and services) in full. We reserve the right to remove any product we have supplied, and if necessary to enter your property to reclaim any product that is our property if any amounts remain unpaid.
7.11. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, [Product type, product size, style]. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract 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 products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.12. Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you.
7.13. Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product, we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, and we will refund any sums you have paid in advance for the product.
7.14. We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice. We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments.
8. Your rights to end the contract
8.1. 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, when you decide to end the contract and whether you are a consumer or business customer:
(a) If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you are a consumer and have just changed your mind about the product, see clause 8.3. 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 particular, we are entitled to charge a reasonable fee if production has already started) and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.5.
8.2. 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 (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control; or
(d) you have a legal right to end the contract because of something we have done wrong.
8.3. Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then 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.
8.4. How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
(a) Have you bought services (for example, Installation of skate ramp) 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 (and we shall be entitled to charge a reasonable fee for our travel time and accommodation costs).
(b) Have you bought goods (for example, Timber skate ramp kit) If so you have 14 days after the day you (or someone you nominate) receive the goods (or if your goods are split into several deliveries over different days, until 14 days after the day you (or someone you nominate) receive the last delivery).
8.5. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. How to end the contract with us (including if you are a consumer who has changed their mind)
9.1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call us at +44(0)333 577 0995 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Complete the www.sbskateramps.co.uk/cancel on our website.
(c) By post. Print off the www.sbskateramps.co.uk/cancelform and post it to us at the address on the form. Alternatively, simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.2. Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either post them back to us at Horley Green House, Horley Green Road, Halifax HX3 6AS, or (if they are not suitable for posting) allow us to collect them from you. All returned items must be returned in their original packaging to avoid damage during transit, and you must repack the merchandise carefully and in its original condition (including any instruction manuals and other documentation that came with the product). Please call us at +44(0)333 577 0995 or email us at firstname.lastname@example.org for a return label or to arrange collection. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3. When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or mis-described; or
(b) if you are ending the contract because we have told you of an upcoming change to the product 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.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
9.4. What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will usually be the reasonable courier fees.
9.5. How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by making a payment to the bank account that you used during purchase. However, we may make deductions from the price, as described below.
9.6. When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
(a) Goods returned that are unused and undamaged are subject to an administrative re-stocking fee of 40% of the price of the goods.
(b) We cannot process any refunds for returned goods that are damaged such that the goods cannot be resold as new. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(c) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
(d) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.7. When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10. Our rights to end the contract
10.1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if (for example):
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, [Product type, product size, style physical location or area size for installation];
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
(d) you do not, within a reasonable time, allow us access to your premises to supply the services.
10.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can contact us by telephone at +44(0)333 577 0995, by post at Horley Green House, Horley Green Road, Halifax HX3 6AS, or by e-mail at email@example.com.
12. Your rights in respect of defective products if you are a consumer
12.1. If you are a consumer 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 products. 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 [timber skate ramp kit], 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 six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
(c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
If your product is services, for example [Installation of skate ramp kit], 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.
12.2. Use or results to be obtained from use of the product. Since the methods of application/installation and conditions are beyond our control, we make no representation or promise (such as any warranty of merchantability) concerning the use or results to be obtained from use of the described product.
12.3. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please call us at +44(0)333 5770995 or email us at firstname.lastname@example.org for a return label or to arrange collection.
13. Your rights in respect of defective products if you are a business
13.1 If you are a business customer we warrant that on delivery, any products which are goods shall:
(a) conform in all material respects with their description and any relevant specification;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by us.
However, since the methods of application/installation and conditions are beyond our control, we make no representation or promise (such as any warranty of merchantability) concerning the use or results to be obtained from use of the described product.
13.2. Subject to clause 13.3, if:
(a) you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 13.1;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at our cost,
(d) we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
13.3. We will not be liable for a product’s failure to comply with the warranty in clause 13.1 if:
(a) you make any further use of such product after giving a notice in accordance with clause 13.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
(c) the defect arises as a result of us following any drawing, design or specification supplied by you;
(d) you alter or repair the product without our written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
13.4. Except as provided in this clause 13, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 13.1.
13.5. These terms shall apply to any repaired or replacement products supplied by us.
14. Price and payment
14.1. Where to find the price for the product. The price of the product (which includes VAT and or any other applicable taxes or currency changes) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the product you order.
14.2. We will pass on changes in the rate of VAT or other taxes and currency changes. If the rate of VAT or tax changes between your order date and the date we supply the product, we will adjust the rate of VAT or tax that you pay, unless you have already paid for the product in full before the change in the rate of VAT or tax takes effect.
14.3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’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 product’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.
14.4. When you must pay and how you must pay. We accept payment with BACS or bank transfer, all major credit or debit cards (excluding American Express), and PayPal. When you must pay depends on what product you are buying:
(a) For goods, you must pay for the products at point of placing order.
(b) For services, we will invoice you in advance for the services. You must pay the invoice 24 hours before arrival. (for example, if installation is to take place on the 2nd of the month at 10.00 am payment must be received by 10.00 am on the 1st of the month)
14.5. Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
14.6. 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 8% a year above the base rate of the Bank of England 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.
14.7. What to do if you think an invoice is wrong. If you think an invoice 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.
15. Our responsibility for loss or damage suffered by you if you are a consumer
15.1. 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. However, you must always wear helmets and other appropriate protective equipment when using our products, and we cannot be responsible for any injury or damage caused if you fail to do so. You have also read and agree to the disclaimer set out in Schedule 2.
15.2. 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 products, and for defective products under the Consumer Protection Act 1987.
15.3. When we are liable for damage to your property. If we are providing 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 the services.
15.4. We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.
15.5. We are not responsible for any of your costs incurred from your subcontractor, builder or joiner that you employ to build a ramp kit, if we aren’t able to deliver the kit or service on the scheduled date. We strongly recommend waiting until your kit has arrived before scheduling any employees, agents or subcontractors to build your kit.
15.6. Our responsibility for loss or damage suffered by you if you are a business
15.7. Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
15.8. You must always wear helmets and other appropriate protective equipment when using our products (and ensure that any user of our products does so), and we cannot be responsible for any injury or damage caused if you fail to do so. You have also read and agree to the disclaimer set out in Schedule 2.
15.9. Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
15.10. Subject to clause 16.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the greater of £500.00 and 1% of the total sums paid by you for products under such contract.
16. How we may use your personal information
17. Other important terms
17.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
17.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. For the avoidance of doubt, our refund policy applies only to the original purchaser of our products.
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. If a court finds part of this contract illegal, the rest will continue in force. 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 products, 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 if you are a consumer. 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. If the order is from outside these jurisdictions the exclusive jurisdiction is England and Wales. The Governing all at all times is England and Wales
17.7. Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim. If the order is from outside these jurisdictions the exclusive jurisdiction is England and Wales. The Governing all at all times is England and Wales.
18. Model Cancellation Form for consumer customers
(Complete and return this form only if you wish to withdraw from the contract)
To: SB Skate Ramps Ltd
Horley Green House, Horley Green Road, Halifax HX3 6AS
Tel:+44(0)333 577 0995
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
You acknowledge and agree that skateboarding, in-line skating, scooter and bicycle riding are inherently dangerous sports and activities in which you choose to voluntarily participate at your own risk.
You are aware that the usual risks, hazards and dangers of personal injury, death and disability or property damage and loss (collectively “Damages”), necessarily increase when using ramps, kerbs, steps, half pipes, quarter pipes, grind boxes, inclines and deciles, or any other structure and device. You know that the risks, hazards and dangers include, but are not limited to, uncontrollable boards and bicycles, falling, jumping, landing, performing tricks and/or colliding with other users.
You also understand that these risks, hazards and dangers are further increased when other persons, whether or not of the same level of experience or skill, are present at the same time and using the same facilities. (All of the above defined activities are collectively referred throughout this contract as the “Hazardous Activities”).
By this disclaimer, you intend and agree not to claim against (and you so waive your rights) Shawboard Pro Skate Ramps Limited or SB Skate Ramps limited of any duty to you and you do assume the entire risk of any of the Damages which might occur during or as a result of your use of the skateboard ramps.
By this disclaimer, you also intend to and agree to release, discharge and absolve Shawboard Pro Skate Ramps Ltd or SB Skate Ramps limited any and all liability for any active or passive negligence whatsoever by Shawboard Pro Skate Ramps Ltd or SB Skate Ramps limited and to relinquish any claim or cause of action against Shawboard Pro Skate Ramps Ltd or SB Skate Ramps limited any loss, claim, damage, personal injury, disability, death, medical and any other type of expense or property damage or loss caused by and any negligence of Shawboard Pro Skate Ramps Ltd or SB Skate Ramps limited will not to sue or exercise any legal right to seek damages from Shawboard Pro Skate Ramps Ltd or SB Skate Ramps limited.
As a term of this contract, you and Shawboard Pro Skate Ramps Ltd or SB Skate Ramps limited agree that:
1. As to your participation in any activity, including, but not limited to, the Hazardous Activities and as to any and all liability for the Damages which you may suffer or incur due to any cause whatsoever, you hereby agree:
(a) To waive any and all claims for Damages that you may have against Shawboard Pro Skate Ramps Ltd or SB Skate Ramps limited its managers, officers, directors, associates, agents, contractors, volunteers, sponsors, vendors or exhibitors or any other person or company in any way associated with Shawboard Pro Skate Ramps Ltd or SB Skate Ramps limited; and
(b) To release Shawboard Pro Skate Ramps Ltd or SB Skate Ramps limited from any and all liability for the Damages that you may suffer or incur, or that my next kin may suffer as a result of your participation in any activity, including but not limited to, Hazardous Activities; and
(c) To hold harmless and indemnify Shawboard Pro Skate Ramps Ltd or SB Skate Ramps limited from any and all liability for the Damages to any third party resulting from your participation in any activity, including but not limited to, the Hazardous Activities.
2. This waiver and release of liability and indemnification agreement (collectively referred to hereafter as “Waiver and Release”) shall be effective and binding upon your heirs, next of kin, family, relatives, guardians, conservators, executors, administrators, trustees and assigns in the event of my injury, disability or death.
3. YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE RULES OF SAFETY/ CONDUCT GOVERNING YOUR CONDUCT WHILE PURCHASING AND/OR USING SHAWBOARD PRO SKATE RAMPS LIMITED OR SB SKATE RAMPS LIMITED PRODUCTS. YOU UNDERSTAND THAT THESE RULES ARE STRICTLY ENFORCED.
You have completely read and understand this disclaimer as well as all the terms of this contract. Prior to confirming this contract or making a purchase, you have had the opportunity to ask any questions about this contract. You are aware that, by confirming this contract and purchasing, you assume all risks and waive and release certain rights that you and your heirs, next of kin, family, relatives, guardians, conservators, executors, administrators, trustees and assigns may have against Shawboard Pro Skate Ramps Ltd or SB Skate Ramps limited.