You should print a copy of these terms and conditions for future reference.
Please click on the button marked “I Accept” at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products and/or Services from our site.
1. Information about us
1.1 www.hotshots-sports.co.uk is a site operated by HOTSHOTS SPORTS COACHING LIMITED (we) (us) (our). We are registered in England and Wales with company number 04327582 and our registered office is at Star Hotshots, PO Box 4219, Ascot, SL5 5BA. Our main trading address is Star Hotshots, PO Box 4219, Ascot, SL5 5BA.
1.2 We are regulated by the Office for Standards in Education (OFSTED).
2. Service availability
Our site is only intended for use by people resident in the United Kingdom. We do not accept orders from individuals outside those countries.
3. Your status
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old;
4. How the contract is formed between you and us in respect of products
4.1 After placing an order for a Product, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Goods Contract) will only be formed when we send you the Dispatch Confirmation.
4.2 The Goods Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5. How the contract is formed between you and us in respect of services
5.1 After placing an order for a Service, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Service has been accepted by us (the Service Confirmation). The contract between us (Service Contract) will only be formed when we send you a Service Confirmation.
5.2 The Service Contract will relate only to those Services we have confirmed in the Service Confirmation. We will not be obliged to supply any other Services which may have been part of your order until we send you a separate Service Confirmation in respect of such Services.
6. Our status
6.1 We may provide links on our site to the websites of others, whether affiliated with us or not. We cannot give any undertaking, that products or services you purchase from third party sellers through our site, or from persons or companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such or other warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
7. Consumer rights
7.1 If you are contracting as a consumer, you may cancel a Goods Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 11 below).
7.2 To cancel a Goods Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
7.3 Details of the statutory right in respect of clauses 7.1 and 7.2, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
7.3 You will not have any right to cancel a Service Contract for the supply of any of the Services. This provision does not affect your statutory rights.
8. Availability and delivery
Your order for a Product will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
Your order for a Service will be fulfilled on or by the date set out in the Service Confirmation unless there are exceptional circumstances.
We reserve the right after commencement of a Service Contract to cancel the Service Contract with immediate effect (a “Termination”) if in our reasonable opinion you or any child or children for whom you have ordered the Services (“your child”) is:
- wilfully and repeatedly disobedient;
- disruptive, abusive, violent, or disrespectful whether to any member of our staff or other parents or children for whom we are also providing services;
- in possession of, using, supplying or selling illegal drugs, tobacco or alcohol;
- intent on or has committed a criminal offence;
- committing an act(s) of bullying;
- contravening our policy on social inclusion, diversity or equality;
- engaging in sexual activity whilst under our supervision;
- bringing us into disrepute; or
- failing to comply with our reasonable rules and directions
In this event we shall be entitled to be paid under the Service Contract as if it had been fully performed and you shall not be entitled to a refund of the price of the Services and you shall be liable for any additional expenses we incur as a result of a Termination. Our decision shall be final in respect of a Termination.
9. Risk and title
9.1 The Products will be at your risk from the time of delivery.
9.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
10. Price and payment
10.1 The price of any Products and/or Services shall be as quoted on our site from time to time, except in cases of obvious error.
10.2 These prices include VAT but exclude delivery costs, which will be as quoted on our site from time to time and added to the total amount due.
10.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation or Service Confirmation.
10.4 Our site contains a large number of Products and/or Services and it is always possible that, despite our best efforts, some of the Products and/or Services listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product and/or Services correct price is less than our stated price, we will charge the lower amount when dispatching the Product or supplying the Service to you. If a Product and/or Services correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product and/or supplying the Service, or reject your order and notify you of such rejection.
10.5 We are under no obligation to provide the Product and/or supply a Service to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation or Service Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
10.6 Payment for all Products and/or Services must be by credit card, debit card, cash or cheque. Payment for all Products and/or Services must be made prior to dispatch of the Product and/or commencement of the Service. Time shall be of the essence in respect of payment for Products and/or Services.
10.6 We reserve the right to charge the commission rates charged to us by credit card and debit card companies or credit payment companies on payments made by you for Products and/or Services by credit card or debit card. We also reserve the right to pass on our bank charges to you in respect of each and every cheque received from you that we present at our bank that is returned unpaid to us.
11. Our refunds policy
11.1 When you return a Product to us:
(a) because you have cancelled the Goods Contract between us within the seven-day cooling-off period (see clause 7 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
(b) for any other reason (for instance, because have notified us in accordance with paragraph 21 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
11.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
12. Our liability
12.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
12.2 We warrant to you that any Service supplied from us will be performed with reasonable skill and care for which services of the kind are commonly supplied.
12.3 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product and/or Service you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and have been communicated to us in writing at the time your order is accepted by us.
12.4 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
12.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and have not been communicated to us in writing at the time your order is accepted by us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
12.6 Where you buy any Product and/or Service from a third party seller through our site, the sellers individual liability will be set out in the sellers terms and conditions.
13. Personal property
We accept no liability for loss, damage, vandalism or theft of personal property owned by you or your child during the performance of the Services including but not limited to vehicles, bicycles, jewellery, personal music players, personal games consoles, mobile phones, items of clothing or shoes whether or not we are performing the Services for you or your child on one of our designated sites or performing the Services for you or your child at the premises or public space chosen by you.
You or your child may participate in the activity of swimming during the performance of the Services. By you or taking part or you permitting your child to take part in the activity of swimming you acknowledge that you and/or your child are able to swim for not less than twenty five metres without buoyancy aids. You also acknowledge that you have accurately indicated the proficiency of you and/or your child (as appropriate) when requesting the Services. We accept no liability for inaccuracies or omissions in supplying us with information in relation to swimming proficiency.
We may undertake photography during the performance of the Services for the purposes of marketing and promotion of our business. You consent to you and your child being included within marketing and promotional material . You acknowledge that you shall assign all such current and future copyright in any photographs that may vest in you or your child to us as a result of such activity by us. You also waive your right to assert any moral rights in copyright that may vest in you or your child.
16. Health and safety
16.1 You shall provide us with all up to date, relevant and accurate medical information which we should reasonably be aware of for any person in respect of whom the Service is to be provided prior to the commencement of the Service including, but not limited to, medication taken, exclusions from activities on medical grounds, behavioral problems, learning difficulties, special needs (the “Medical Record”). The failure to provide an accurate and up to date Medical Record may result in a termination of the Service Contractor the exclusion of persons named within the Service Confirmation from certain activities contained within the Service Confirmation. We accept no liability for your failure to provide us with an accurate and up to date Medical Record prior to the commencement of the Service or during the provision of the Service.
16.2 We reserve the right to cancel the Service Contract with immediate effect if you fail to provide an accurate and up to date Medical Record. In this event we shall be entitled to be paid under the Service Contract as if it had been fully performed and you shall not be entitled to a refund of the price of the Service and you shall be liable for any additional expenses we incur as a result such cancellation or termination.
16.3 We also reserve the right, exercisable at our discretion, to exclude your child from the Services for such period as your child is ill or appears to be ill and where we believe that illness to be contagious.
17. Complaints procedure
We aim to provide a quality service. We also aim to resolve any problems with our service quickly. We operate an internal complaints handling system to help us to resolve the problem between ourselves. If at any time you feel that you are not receiving a quality service, please let the designated supervisor or representative know. If he/she is unable to deal with the problem contact our Managing Director, Harvey Grout, at our head office at Star Hotshots, PO Box 4219, Ascot, SL5 5BA or via e-mail to firstname.lastname@example.org. If for any reason we are unable to resolve the problem between us, then we are regulated by OFSTED which also provides a complaint scheme. Any comments you make, good or bad, will also help us to develop our service to customers.
18. Import duty
18.1 If you order Products and/or Services from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
18.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
19. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us shall be mainly electronic. We shall contact you by e-mail or in writing or provide you with information by posting notices on our website. For contractual purposes, you agree to this means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given in writing to HOTSHOTS SPORTS COACHING LIMITED at Star Hotshots, PO Box 4219, Ascot, SL5 5BA or via e-mail to email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
21. Transfer of rights and obligations
21.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
21.2 You may not transfer, assign, charge or otherwise dispose of a Goods Contract and/or Service Contract, or any of your rights or obligations arising under it, without our prior written consent.
21.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Goods Contract and/or Service Contract, or any of our rights or obligations arising under it, at any time during the term of the Goods Contract and/or Service Contract.
22. Events outside our control
22.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Goods Contract and/or Service Contract that is caused by events outside our reasonable control (Force Majeure Event).
22.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
(g) The death, illness or incapacity of an employee, agent, director, sub-contractor, franchisee or associate of Hotshots Sports Coaching Limited.
(h) Adverse weather conditions.
(i) Reasons of Health and Safety.
(j) Collapse of building structures or unavailability of premises not owned by Hotshots Sports Coaching Limited.
(k) Low booking numbers for events booked with Hotshots Sports Coaching Limited including but not limited to sports camps and childrens birthday parties.
22.3 Our performance under any Goods Contract and/or Service Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Goods Contract and/or Service Contract may be performed despite the Force Majeure Event.
23.1 If we fail, at any time during the term of a Goods Contract and/or Service Contract, to insist upon strict performance of any of your obligations under the Goods Contract and/or Service Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Goods Contract and/or Service Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
23.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
23.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.
If any of these terms and conditions or any provisions of a Goods Contract and/or Service Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
25. Entire agreement
25.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Goods Contract and/or Service Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
25.2 We each acknowledge that, in entering into a Goods Contract and/or Service Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Goods Contract and/or Service Contract except as expressly stated in these terms and conditions.
25.3 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Goods Contract and/or Service Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
26. Our right to vary these terms and conditions
26.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our systems capabilities.
26.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation or Service Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products or prior to the commencement of the Services).
27. Law and jurisdiction
Goods Contracts and/or Service Contracts for the purchase of Products and/or Services through our site will be governed by English law. Any dispute arising from, or related to, such Goods Contracts and/or Service Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.