SUPPLY OF SERVICES & GOODS


 

GORDON FEARN LITTLE NINJAS & TAE KWON DO


TERMS AND CONDITIONS OF SUPPLY OF SERVICES




Our terms

Definitions 
When the following words with capital letters are used in these Terms, this is what they will mean:
Application Form: your order for the Services; 
Classes: Group tae kwon do classes, Little Ninja classes or fitness classes provided to you as part of the Services;
Event Outside Our Control: is defined in clause 10.2;
Private Tuition: individual (one-to-one) tae kwon do, fitness or other classes which We agree to provide to you on a case by case basis;
Rules and Regulations: the code of conduct which you are required to abide by as a condition of Us providing the Services to you (see: Rules and Regulations)
Services: the services that We are providing to you as set out in the Welcome Pack;
Terms: the terms and conditions set out in this document; 
We/Our/Us: GORDON FEARN LITTLE NINJAS & TAE KWON DO, our registered office at 119 Hightown Road, Ringwood, Hampshire, BH24 1NL;
Welcome Pack: the information pack (containing the Application Form) giving details of the tae kwon do coaching services (and other services We agree to provide to you) under and in accordance with these Terms.
When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.
Our contract with you
These are the terms and conditions on which We supply Services to you. 
Please ensure that you read these Terms carefully, and check that the details on the Application Form and in these Terms are complete and accurate, before you sign the Application Form. If you think that there is a mistake, please contact Us to discuss. 
Application Forms for persons under 18 years of age must be signed and submitted by a parent or legal guardian. The parent or legal guardian will be responsible for ensuring that their child complies with all relevant Terms set out herein.
The Application Form allows you to choose one of several different packages. The initial fee that you pay with the Application Fee will depend on the package you choose. Each package is detailed in the Application Form and/or Welcome Pack.
Application Forms must be submitted (together with the appropriate fee) before the start of the second Class that you attend. When you sign and submit the Application Form to Us, this does not mean We have accepted your order for Services. Our acceptance of the Application Form will take place as described in clause 2.5. 
These Terms will become binding on you and Us when We confirm receipt of the Application Form and that We are willing and able to provide you with the Services, at which point a contract will come into existence between you and Us. Application Forms should be signed and returned to Us at a Class, but We may also agree to accept scanned copies of the signed Application Form emailed to us at info@gordonfearntkd.com.  We will confirm receipt of the Application Form (and confirm that We are willing and able to provide you with the Services) in person at a Class but We may (at our option) do this by email to the address given you your signed Application Form. 
Within twenty-eight (28) days of these Terms becoming binding, We will provide you with a photo membership/attendance card, or (in the case of Little Ninjas only) a skill card. You must bring this card to every Class that you attend and ensure that it is scanned by Us before the Class begins. If you do not bring this card to the Class, you may not be allowed to train. A fee of £5 will be charged for any lost or stolen cards. These cards are not transferrable and may not be used by anyone except you.
If any of these Terms conflict with any term of the Application Form, the Application Form will take priority. If any of these Terms conflict with any term of the Rules and Regulations, these Terms will take priority.
Changes to terms
We may revise these Terms from time to time in the following circumstances: 
changes in how We accept payment from you;
changes in relevant laws and regulatory requirements;
where we, in our discretion, decide that it is necessary or prudent to amend these Terms.
If We have to revise these Terms under clause 3.1, We will give you at least one (1) month's written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 11. 
If you wish to end the contract between us, you may only do so in accordance with clause 11. 
Providing services
In return for the fees referred to in clause 8, We will supply the Services to you in Classes from the date agreed between Us until such time as this agreement is terminated by you or Us in accordance with these Terms. Subject to Clause 4.4, or as agreed in exceptional circumstances such as pregnancy, these Terms cannot be suspended for any reason or for any period of time.
We will make every effort to provide the Services in accordance with the timetable advertised on Our website (http://www.gordonfearntkd.com). However, We may be unable to provide the Services due to an Event Outside Our Control. See clause 10 for Our responsibilities when an Event Outside Our Control happens. 
In general, unless advertised otherwise, all Little Ninja Classes are for 40 minutes. Tae Kwon Do Classes and Private Tuition sessions are for 55 minutes. Classes will not be delayed, restarted or extended if you are late. You may be refused entry to if you are late for any Class by more than 5 minutes.
On some rare occasions, We may have to suspend the Services, for example when the chief instructor, Mr Gordon Fearn (Mr Fearn), is competing or coaching the national squad team. We will give you as much notice of such events as possible, unless there is a problem or an emergency which prevents us from giving such notice. Where we are unable to provide the Services in any specific Class because of Mr Fearn’s absence, We will use reasonable endeavours to arrange for the Class to be taught by another instructor. If another instructor is unavailable for that Class, you may attend a Class on an alternative date.
Classes will not take place during the following holiday periods (during which all monthly fees will remain payable):
Summer – 10 days;
Christmas – 2 weeks;
Bank Holidays (where the relevant venue is closed);
as notified by Us at least fourteen (14) days in advance.

If you do not pay Us for the Services when you are supposed to as set out in clause 8.8, We may suspend the Services with immediate effect until you have paid Us the outstanding amounts (except where you dispute an invoice under clause 8.11). We will contact you to tell you this. This does not affect Our right to charge you interest under clause 8.10. 
If we provide coaching materials to you (whether in Classes, Private Tuition or on our website), We will own the copyright, design right and all other intellectual property rights in such materials. 
Your Obligations
It is a condition of Us providing the Services to you that you abide by the Rules and Regulations. Copies of the Rules and Regulations are available by clicking the above link, on Our website http://www.gordonfearntkd.com or in hard copy on request.
You are required to complete the Application Form as fully as possible. All information provided by you in the Application Form must be accurate. Any changes to the information given on the Application Form should be notified to Us as soon as possible after you become aware of such changes.
We may seek additional medical information from you based on the information you give Us in the Application Form. In rare circumstances, it may be necessary for Us to obtain a medical clearance letter from your doctor before you are allowed to train at a Class. In any event, it is your responsibility to ensure that you are fit to train and you should inform Us in writing if your heath or any medical conditions/medication changes.
Each student is required to obtain a valid licence issued by the Tae Kwon Do Association of Great Britain (TAGB) within three (3) weeks of submitting the Application Form. TAGB licences must be renewed annually on the anniversary of first issue. Students without a valid TAGB licence will not be allowed to train, grade or compete. Application forms for issue and renewal of TAGB licences can be obtained from Us and all fees payable in respect of such licences must be paid to Us.
You must promptly provide Us with all information, photographs and fees which we ask for in connection with any gradings, competitions or other events which you decide to enter. Failure to do so may result in you being unable to enter the relevant grading, competition or event.
Any equipment provided by Us in connection with the Services or brought to Class by you must be used in an appropriate manner, giving safe regard to your own health & safety and to that of others.
Private Tuition
Twenty-four (24) hours’ notice of cancellation or postponement is required for all Private Tuition sessions. If we are notified at least twenty-four (24) hours ahead of time, it MAY be possible to make the session up at a later date. However, this cannot be guaranteed. 
Cancellation notice of less than 24 hours will incur full payment of the full session fee. If you have not already paid for the session, your account/card will be charged for the full amount of the session. If no card/account information has been given to us, no further sessions will be conducted until the outstanding payment is received.
Reserved time slots for Private Tuition may be lost if payment is not made in a timely manner.
Private Tuitions will not be delayed, restarted or extended if you are late.
If there is a problem with the services
As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
Fees and payment
The Welcome Pack gives full details of:
Initial fees payable upon submission of the Application Form; and
Monthly fees payable for attending Classes. 
Until the initial fee referred to in clause 7.1(a) has been paid, you may pay for individual Classes in cash at the Class concerned. The fee for training at individual Classes is currently £10.
Monthly fees are payable until this agreement is cancelled in accordance with clauses 11 and 12, regardless of whether you actually attend any Classes.
You may be refused entry to Classes if your monthly payments are more than thirty (30) days in arrears.
Individual and monthly fees for attending Classes may change at any time and we will notify you in writing at least twenty-eight (28) days before this happens. 
Fees for Private Tuition are payable in addition to the fees for attending Classes. If We agree to provide you with Private Tuition, We will discuss and individually agree the fees for such Private Tuition with you. Fees for Private Tuition are payable in advance of the relevant session.
All fees include VAT (where applicable).
Unless We agree otherwise, We will collect payment of monthly fees from the account specified by you in the Application Form by monthly direct debit (paid in advance during the first week of each month) until this agreement terminates. We will not provide you with individual invoices for each monthly payment unless We agree to do so on a case by case basis.
If you bank refuses payment of any direct debit for any reason, We may charge you an administration fee of £10 on each occasion this happens. 
If you do not make any payment due to Us by the due date for payment, We may also charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of HSBC  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. 
However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, clause 8.10 will not apply for the period of the dispute.
Our liability to you
If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this contract. 
We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
You recognise that there are inherent physical risks involved in participating in an activity like tae kwon do. Subject to clause 9.4(a), We will not be liable for any injury you sustain during any Class or Private Tuition or any damage or losses arising therefrom (and you hereby waive any right you may have to take action against Us in relation to such injury, damage or losses).
We do not exclude or limit in any way Our liability for:
death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors; 
fraud or fraudulent misrepresentation. 
We accept no liability for lost or stolen goods during any Class or Private Tuition session.  Cars parked outside any venue where a Class is being held (and all contents in them) are your responsibility and we will not accept and liability for loss or damage to them.
You are responsible for all damage you or your guests cause to any venue where Services are provided.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control. 
An Event Outside Our Control means any act or event beyond Our reasonable control.
If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms: 
We will contact you as soon as reasonably possible to notify you; and
Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Services. Please see your cancellation rights under clause 11. We will only cancel the contract if the Event Outside Our Control continues for longer than twelve (12) weeks in accordance with Our cancellation rights in clause 11.
Your rights to cancel 
Once We have begun to provide the Services to you, you may cancel the contract for the Services at any time by providing Us with no less than one (1) full calendar months’ notice in writing.
Unless We agree otherwise with you, you will be required to pay fees for the Services during the notice period. We will continue to collect payment by direct debit for the duration of the notice period. If you cancel your direct debit before the end of the notice period, all fees due to be paid in the notice period will become payable by you immediately.
It is your responsibility to cancel the direct debit after the final payment has been taken.
Once We have begun to provide the Services to you, you may cancel the contract for Services with immediate effect by giving Us written notice if:
We go into liquidation or a receiver or an administrator is appointed over Our assets;
We change these Terms under clause 3.1 to your material disadvantage.
Our rights to cancel 
Once We have begun to provide the Services to you, We may cancel the contract for the Services at any time by providing you with at least one (1) full calendar months’ notice in writing. If you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you. 
We may cancel the contract for Services at any time with immediate effect by giving you written notice if:
you do not pay Us when you are supposed to as set out in clause 8.8. This does not affect Our right to charge you interest under clause 8.10; 
you fail to abide by the Rules and Regulations; or 
you break the contract in any other material way and you do not correct or fix the situation within fourteen (14) days of Us asking you to in writing.
Information about us and how to contact us
We operate the website http://gordonfearntkd.com. We are GORDON FEARN LITTLE NINJAS & TAE KWON DO, our registered office at 119 Hightown Road, Ringwood, Hampshire, BH24 1NL.  Our main trading address is 119 Hightown Road, Ringwood, Hampshire, BH24 1NL. 
To contact us, please email Us at info@gordonfearntkd.com or write to Us at our main trading address.
We are a Sole Trader Business.
How we may use your personal information
Our Privacy Policy applies to all personal information you provide to Us.
Other important terms
We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
This contract is between you and Us. No other person shall have any rights to enforce any of its terms. 
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.
If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you. 
These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.




TERMS AND CONDITIONS OF SUPPLY OF GOODS




This page (together with our Privacy Policy and Terms of Website Use) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you. 

These Terms will apply to any contract between us for the sale of Products to you (Contract). They also apply to any Products listed on our site which you order in person at any tae kwon do class (in which case the Consumer Protection (Distance Selling) Regulations 2000 do not apply to such sale, although all other applicable consumer protection laws shall continue to apply). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site or in person.  Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.

Please click on the button marked "I Accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 04/04/2016.

These Terms, and any Contract between us, are only in the English language.

Information about us
We operate the website http://gordonfearntkd.com. We are GORDON FEARN LITTLE NINJAS & TAE KWON DO, a business registered in England and Wales and with our registered office at 119 Hightown Road, Ringwood, Hampshire, BH24 1NL.  Our main trading address is 119 Hightown Road, Ringwood, Hampshire, BH24 1NL.
To contact us, please email Us at info@gordonfearntkd.com or write to Us at our main trading address.
We are a Sole Trader Business.
Our Products
The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images. 
Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a small tolerance.
The packaging of the Products may vary from that shown on images on our site.
All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made. 
Use of our site
Your use of our site is governed by our Terms of website use. Please take the time to read these, as they include important terms which apply to you.

How we use your personal information
We only use your personal information in accordance our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

If you are a consumer
This clause 5 only applies if you are a consumer.

If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
If you are a business customer
This clause 6 only applies if you are a business.

If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. 
You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
How the contract is formed between you and us
Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
The process will tell you whether or not an item is available and how many of each item remain in stock. Subject to clause 11.4, the price you pay for each product will be clearly set out.
After you place an order, you will receive an e-mail from us acknowledging that we have received your order.  However, please note that this does not mean that your order has been accepted.  Our acceptance of your order will take place as described in clause 7.4. 
We will confirm our acceptance to you by sending you an e-mail (Despatch Confirmation) that confirms that the Products will be delivered to you by hand at a tae kwon do class which you attend within the next 14 days following such email. The Contract between us will only be formed when we send you the Dispatch Confirmation.
If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause Error! Reference source not found., we will inform you of this by e-mail or at the next tae kwon do class that you attend and we will not process your order. We will discuss with you whether the Products you have ordered will become available again and, if so, how long it will be before we can fulfil your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
Our right to vary these terms
We may revise these Terms from time to time in the following circumstances:   
changes in how we accept payment from you;  
changes in relevant laws and regulatory requirements; and 
where we, in our discretion, decide that it is necessary or prudent to amend these Terms.
Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
Your consumer right of return and refund
This clause 9 only applies if you are a consumer.

If you are a consumer, you have a legal right to cancel a Contract (under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office. 
However, this cancellation right does not apply in the case of: 
any made-to-measure or custom-made products or products made to your specification or clearly personalised;
newspapers, periodicals or magazines;
goods that have been worn / washed / altered / embroidered / printed or soiled
sparring equipment that is squashed/out of shape;
software, DVDs or CDs which have a security seal which you have opened or unsealed;
sparring equipment with straps fastened – causing wrinkling or other damage;
discontinued/sale Products;
merchandise not in original wrapping with instructions;
returns without a returns number;
Products returned more than 60 days after the date of delivery.
Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period. 
To cancel a Contract, please either:
contact us in writing to tell us by sending an e-mail to info@gordonfearntkd.com; or
send a letter to 119 Hightown Road, Ringwood, Hampshire, BH24 1NL; or 
inform us personally (by speaking to Mr Gordon Fearn) at the next tae kwon do class you attend;
(and in any event within the period referred to in Clause 9.3). You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you notify us personally of your cancellation, then your cancellation is effective from the date you speak to Mr Fearn.

Following cancelation and return of the Products, you will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 9.4. If you returned the Products to us because they were faulty or mis-described, please see clause 9.6.
If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
We refund you on the credit card or debit card used by you to pay.
If the Products were delivered to you:
you must return the Products in their original packaging to us personally at a tae kwon do class as soon as reasonably practicable and in any event within 14 days of your cancellation notice;
unless the Products are faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Products to us;
you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession. 
As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. 
Delivery
Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date. 
Delivery will be completed when we deliver the Products to you by hand at a tae kwon do class which you attend within the next 14 days following Delivery Confirmation. Unfortunately, we do not deliver Products by post, courier or any other method, so it is your responsibility to ensure that you are in a position to collect orders in class.
The Products will be your responsibility from the completion of delivery.
You own the Products once we have received payment in full, including all applicable delivery charges. 
Price of products and delivery charges
The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause Error! Reference source not found. for what happens in this event.
Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
How to pay
You can only pay for Products using a debit card or credit card. We accept the following cards: MASTERCARD and VISA.
Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
Our liability if you are a business
This clause 13 only applies if you are a business customer.

You agree not to use the Product for any re-sale purposes.
Nothing in these Terms limit or exclude our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
defective products under the Consumer Protection Act 1987.
Subject to clause 13.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
any loss of profits, sales, business, or revenue;
loss or corruption of data, information or software;
loss of business opportunity;
loss of anticipated savings;
loss of goodwill; or
any indirect or consequential loss.
Subject to clause 13.2 and clause 13.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the relevant Products.
Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
Our liability if you are a consumer
This clause 14 only applies if you are a consumer.

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
You understand that some of the Products sold by us is intended for use in a sport where injuries may occur. It is your responsibility to ensure that such Products are used properly and in accordance with the manufacturer’s instructions. We have no liability for your use of Products which is not in accordance with the manufacturer’s instructions or recommendations. However, we do not in any way exclude or limit our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); 
any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
defective products under the Consumer Protection Act 1987.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.  
An Event Outside Our Control means any act or event beyond our reasonable control.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
we will contact you as soon as reasonably possible to notify you; and
our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. 
Communications between us
When we refer, in these Terms, to "in writing", this will include e-mail.
If you are a consumer: 
To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you must: 
contact us in writing to tell us by sending an e-mail to info@gordonfearntkd.com; or
send a letter to 119 Hightown Road, Ringwood, Hampshire, BH24 1NL; or 
inform us personally (by speaking to Mr Gordon Fearn) at the next tae kwon do class you attend;
You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you notify us personally of your cancellation, then your cancellation is effective from the date you speak to Mr Fearn.
If you wish to contact us in writing for any other reason, you can send this to us by e-mail at info@gordonfearntkd.com or by pre-paid post to Gordon Fearn Little Ninjas & Tae Kwon Do at 119 Hightown Road, Ringwood, Hampshire, BH24 1NL and/or. You can always contact us by speaking to Mr Fearn at any tae kwon do class.
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
If you are a business: 
Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, e-mail, or posted on our website.
A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if sent by e-mail, one Business Day after transmission; or, if posted on our website, immediately.
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.  
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
Other important terms
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. 
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. 
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 
If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, a Contract and any dispute or claim arising out of or in connection with it 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. 
If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
We will not file a copy of the Contract between us.