Legal
Our contact details:
Engage Leisure Limited, a company established in England and Wales.
Our company registration number is 16720599.
Phone number: +447985 608417
Geographical address: 6, Prosper Court, Eagle Business Park, Harrier Wy, Yaxley, Peterborough PE7 3ZB
Email address: Contact@firenewt.co.uk
Engage Leisure Limited - Terms & Conditions
Introduction
This website (Site) is operated by Engage Leisure Limited, a company registered in England and Wales, with company registration number 16720599(we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products (Products) through the Site. If you are using the Site on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.
Acceptance and use of the site
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You accept these Terms by placing an order via the Site.
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All personal data that you give to us will be treated in accordance with our privacy policy. You can find our privacy policy below.
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When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:
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anything that would constitute a breach of an individual’s privacy or any other legal rights.
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using the Site to defame, harass, threaten, menace or offend any person.
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using the Site for unlawful purposes.
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interfering with any user of the Site.
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tampering with or modifying the Site(including by transmitting viruses and using trojan horses)
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using the Site to send unsolicited electronic messages
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using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site, or facilitating or assisting a third party to do any of the above acts
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Accounts
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You may purchase the Products from us without an account or you may choose to create an account with us, which allows you to review your order history, and save your wish list.
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You must ensure that any personal data you give to us when creating an account is accurate and up-to-date.
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It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.
Bespoke Products
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You may request that we personalise or customise goods to your exact specifications, including but not limited to changes to style, colour, and personalised laser engraving or cutting (Bespoke Products).
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As Bespoke Products are tailored for your specifications, you do not have a right to cancel an order for Bespoke Products for change of mind where you are a consumer.
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It is your responsibility to ensure that any specifications or personalisation request you provide to us relating to the Bespoke Products are correct, accurate and suitable for your purposes.
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You represent and warrant that any design created by you (if relevant) in relation to the Bespoke Products does not infringe the intellectual property rights of any third party. If you are using designs created by a third party, it is your responsibility to obtain their consent to use their design prior to purchasing the Bespoke Products from us.
Orders
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If you place an order for Products on our Site, you are making an order to purchase the Product(s) for the price listed on the Site (including the delivery fees or other applicable charges and taxes).
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It is your responsibility to check the order details, including selected Products, delivery details and pricing, before you submit your order through the Site. Once you submit an order successfully on the Site, a binding agreement is formed for the supply of Products to you in accordance with these Terms.
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We make every effort to display as accurately as possible the colours, images, specifications, and details of the Products available on our website. However, we cannot guarantee that your computer monitor's display of any colour, texture, or detail of the product will be accurate, or that the Product will exactly reflect the specifications on the Site.
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When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, the delivery and billing addresses and a description of what was ordered.
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Please be aware that some of the products sold through the Site may not be suitable for children under 18 years old. Please take extra care when ordering products for children under 18 years old.
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All purchases made through the Site are subject to availability. We do our best to keep Products in stock and to keep the Site up to date with the availability of Products.
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We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the Products you order (for example for an event beyond our reasonable control) or if the Products ordered were subject to an error on our Site (for example they were out of stock or in relation to a description, price or image). We will contact you using the details you provided when you placed your order. [You may choose to receive a refund or a store credit or to place your order on backorder. If you choose a refund or store credit, any delivery costs you have paid for the Products will be refunded to you. If you choose to place your order on backorder, we will contact you to arrange delivery once the Products are available.]
Price & Payments
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In consideration of your payment of the Price, we will provide the Products in accordance with these Terms and all applicable laws.
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You must pay us the purchase price of each Product you order, plus any applicable delivery costs, as set out on the Site (the Price) in accordance with this clause. Unless otherwise expressly set out on the Site, all amounts are stated in British pounds, and are inclusive of value added tax in the UK (VAT),where applicable.
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You must pay the Price up front using one of the methods set out on the Site.
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You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
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The payment methods we offer are set out on the Site. We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
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We may offer payment through a third-party buy-now-pay-later provider [for example, Klarna]. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions between you and the third-party provider.
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Where you order the Products for delivery outside of the UK, you may need to pay custom charges, import duties or taxes in addition to the Price, which may be imposed by the destination country or any intermediary countries through which the Products may transit (Additional Charges).These Additional Charges are not included in the Price and are your sole responsibility. We have no control over the assessment or collection of Additional Charges and cannot predict their amount. You are responsible for complying with all applicable laws and regulations of the destination country regarding the import of the Products, and it is your responsibility to check with your local customs office for more information on potential Additional Charges before placing your order.
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We may, from time to time, issue promotional discount codes for certain Products on the Site. To claim the discount, you must enter the valid promotional discount code at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be set out on the Site, and we reserve the right to discontinue any promotional discount code at any time. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.
Delivery
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We will deliver the Products to the delivery address you provide when making your order. We currently deliver to the areas set out on the Site. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options.
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We normally dispatch ready made Products within 24 hours of receiving an order, unless otherwise noted on the Site. However, dispatch timeframes are an estimate only, and may be affected during sales periods. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.
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Where you purchase Bespoke Products from us, please note that production and delivery timeframes will vary significantly from our standard products due to the personalised and customised nature of these items. You acknowledge that dispatch timeframes may vary due to the personalised nature of the Bespoke Products. Any delivery periods displayed on the Site are estimates only.
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If you need to change the delivery day or delivery address, please notify us immediately in writing or via the Site.
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We deliver the products using a range of delivery methods, as set out on the Site. You may need to sign for some deliveries. If neither you nor your authorised representative is at the delivery address to accept delivery, you agree that we may leave the Products at your premises.
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Title to the Products will remain with us until you have paid the Price in full for the Products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the Products.
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Risk in the Products will pass to you when the Products have been delivered to the delivery address, except where you have arranged for delivery by a carrier (not named as an option by us) yourself, in which case, risk in the Products will pass to you on delivery to the carrier.
Returns
Change of mind returns
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We do not accept returns for change of mind or other circumstances, if you are a commercial customer.
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We offer refunds of Products for change of mind in accordance with this ‘Change of Mind Returns’ clause.
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If you are a ‘consumer,’ you have 14 days to change your mind and submit a return request for the Products. The 14 days starts after the day you (or someone you nominate) receive the Products, or where the Products are split into several deliveries over different days, you have until 14 days after the day you receive (or someone you nominate receives) the last delivery, to change your mind and submit a return request.
When you don't have the right to return the products for a change of mind
We do not accept returns for change your mind if:
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you are a commercial customer
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The Products are sealed for health protection or hygiene purposes, and these have been unsealed after you receive them.
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You have damaged the Products, or the Products are no longer in their original condition (including where you have cut tags off),
or
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The Bespoke Products, which are made to your specifications or are clearly personalised.
How to request a return
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If you want to request a change of mind return, you should firstly check that your Product is eligible for a return (as set out above).
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If the Product is eligible for a return, you should initiate a returns request by filling out the digital returns form below, or printing and mailing the model returns form.
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You must send the Products back to us within 14 days of submitting your accepted returns request.
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We will cover the costs of you returning the Products to us, provided that you use a form of delivery approved by us or as otherwise communicated to you during the returns process.
When your refund will be made
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Provided that all return conditions have been met, we will make any refunds due to you as soon as possible, and in any event within 14 days from the day on which we receive the relevant Products back from you. The refund will be issued to the original payment method, unless otherwise agreed.
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If you are exercising your right to change your mind and returning goods to us, we may reduce your refund of the Price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your mishandling. If we refund you the Price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
Faulty or defective products
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You have legal rights in relation to products that are faulty or not as described. These rights, provided under the Consumer Rights Act 2015, are not affected by the returns policy in these terms or any additional warranty we provide. Under the Consumer Rights Act, if your product is faulty, you can request a repair or replacement. If these aren't possible or are unsuccessful, you may then be entitled to a full or partial refund. For detailed advice about your legal rights, please contact your local Citizens Advice Bureau or Trading Standards office.
Limitations on and exclusions to our liability
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The restrictions on liability in this ‘Liability’ clause apply to every liability arising under or in connection with these Terms including liability in statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise.
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Nothing in these Terms limits any liability which cannot legally be limited, including liability for:
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death or personal injury caused by negligence
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fraud or fraudulent misrepresentation
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breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) and defective products under the Consumer Protection Act 1987.
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Subject to the clauses above, but despite anything to the contrary, to the maximum extent permitted by law:
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except where you are a consumer, neither Party will be liable for any Consequential Loss. Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise, or
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where you are a consumer and you use the Products for any commercial, business or re-sale purpose we will have no liability to you for liability involving any loss of profit, loss of business, business interruption, or loss of business opportunity
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if either Party fails to comply with these Terms, neither Party will be responsible for any losses that the other Party suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.
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a Party’s liability for any liability under these Terms will be reduced proportionately to the extent the relevant liability was caused or contributed to by the negligent or unlawful acts or omissions of, or breach of these Terms, by the other Party
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without limiting any right you may have as a consumer to cancel these Terms, we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic, and
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except where you are a consumer, our aggregate liability for any liability arising from or in connection with these Terms will be limited to us resupplying the Products to you or, in our sole discretion, to us repaying you the amount of the Price paid by you to us in respect of the supply of the relevant Products to which the liability relates.
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We have given commitments as to the compliance of the Products with these Terms and applicable laws in these Terms. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the maximum extent permitted by law, excluded from these Terms.
Intellectual Property
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All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and all intellectual property rights in connection with our brand and the Products) (Our Intellectual Property) will at all times vest, or remain vested, in us.
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We authorise you to use Our Intellectual Property solely for your own personal use, and in the manner in which it was intended to be used.
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You must not, without our prior written consent:
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copy (in whole or in part) any of Our Intellectual Property
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reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party, or
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breach any intellectual property rights connected with the Site or the products.
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Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
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you do not assert that you are the owner of Our Intellectual Property
unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us -
you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive,and
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you comply with all other terms of these Terms.
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Reviews
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We welcome and encourage customers to leave reviews of our Products. By submitting a review of our Products, you agree that:
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your review is honest, accurate, and based on your personal experience with the Product
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you have no personal or business relationship with us that might influence your review
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your review does not contain any offensive, defamatory, abusive, or inappropriate content, or name any of our competitors
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you grant us a non-exclusive, royalty-free, perpetual, and irrevocable right to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you
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we reserve the right to accept, reject, or remove reviews at our sole discretion; and
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we do not regularly monitor or edit reviews, but we may do so to ensure compliance with these terms or applicable laws. We are not responsible for any opinions, statements, or other content in customer reviews
General
Contracts (Rights of Third Parties) Act 1999: Notwithstanding any other provision of these Terms, nothing in these Terms confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it.
Complaints and Feedback: We are always looking to improve our services and Products. If you have any feedback or a complaint, please notify us on our contact details set out in these Terms and we will take reasonable steps to address any concerns you have.
Disputes: if:
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you are a consumer, alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Centre for Effective Dispute Resolution via their website at https://www.cedr.com/. The Centre for Effective Dispute Resolution will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. Where you are a consumer, if you are not happy with how we have handled any complaint, you may wish to resolve the situation through alternative dispute resolution. This is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You may contact the alternative dispute resolution provider we use. You can submit a complaint to The Centre for Effective Dispute Resolution via their website at https://www.cedr.com/. The Centre for Effective Dispute Resolution will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. Where you are not a consumer, neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause),or
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you are not a consumer, neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause). Where you are a consumer, if you are not happy with how we have handled any complaint, you may wish to resolve the situation through alternative dispute resolution. This is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You may contact the alternative dispute resolution provider we use. You can submit a complaint to The Centre for Effective Dispute Resolution via their website at https://www.cedr.com/. The Centre for Effective Dispute Resolution will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. Where you are not a consumer, neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
Entire agreement: Subject to your consumer law rights, these Terms contain the entire understanding and agreement between you and us in respect of their subject matter. Each Party agrees that it will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
Governing law: These Terms are governed by the laws of England and Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in the UK and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of the UK. If you access the Site from outside the UK, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.
Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase products from a third party website linked from the Site, such third party provides the products to you, not us.
Engage Leisure Limited - Model Cancellation Form
If you would rather a physical form, please download, print and send this form to our listed address.