EXCEL ESPORTS TERMS OF SALE
Excel LEC Limited is a company registered in England under registered number 11715281with its registered office at 61 Conduit Street, London, W1S 2GB, and with VAT number 320751239 ("Excel"). Excel operates the website: xl.gg (the "Website").
TERMS OF SALE LAST UPDATED: 2 November 2020
1. UNDERSTANDING THESE TERMS
1.2 When certain words and phrases are used in these Terms of Sale, they have specific meanings (these are known as "defined terms"). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms of Sale where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
1.3 In these Terms of Sale, when we refer to "we", "us" or "our", we mean Excel; and when we refer to "you" or "your" we mean you, the person using the Website to purchase Products.
2. ORDERING PRODUCTS
2.2 Please note that any purchases made though the Website are intended for domestic, private and non-commercial use. You should only make purchases from the Website if you are acting for purposes that are wholly or mainly outside of your trade, business, craft or profession (a “Consumer”). By making a purchase through the Website and accepting these Terms of Sale, you represent to us that you are acting as a Consumer and not for purposes relating to your trade, business, craft or profession.
2.3 In order to submit an Order via the Website you must follow the procedure set out on the Website to submit your Order. You should check all of the information that you enter and correct any errors before submitting your Order, as once your Order is submitted we will begin processing it immediately.
2.4 Your Order constitutes an offer to us. We will confirm our acceptance of your Order by sending you an email confirming the information you included in your Order and providing a delivery date or period (the "Confirmation Email"). These Terms of Sale and the Order will become legally binding on you and us when we send you the Confirmation Email and each Order shall incorporate the Terms of Sale and shall be a new and separate Contract between you and us.
3.2 We will provide you with a delivery date or period during the Order process and will confirm such delivery date or period in the Confirmation Email.
3.3 If our supply of the Products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
3.4 If no one is available at your address to take delivery of the Products, we will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.
3.5 If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract and clause 8.2 will apply.
3.6 You have legal rights if we deliver the Products late. If we miss the delivery deadline (being the delivery date or the end of the delivery period set out in the Confirmation Email or such other delivery deadline as has been agreed between you and us) for any Products then you may treat the Contract as at an end straight away if any of the following apply:
3.6.1 we have refused to deliver the Products;
3.6.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
3.6.3 you told us before we accepted your Order that delivery within the delivery deadline was essential.
3.7 If you do not wish to treat the Contract as at an end straight away, or do not have the right to do so under clause 3.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the Contract as at an end if we do not meet the new deadline.
3.8 If you do choose to treat the Contract as at an end for late delivery under clause 3.6 or clause 3.7, you can cancel your Order for any of the Products or reject Products that have been delivered. If you wish, you can reject or cancel the Order for some of those Products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled Products and their delivery. If the Products have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please contact us using the details set out in clause 11.3 for a return label or to arrange collection.
3.9 A Product will be your responsibility from the time we deliver the Product to the address you gave us. You own a Product once we have received payment in full.
4.2 It is always possible that, despite our best efforts, some of the Products may be incorrectly priced. We will normally check prices before accepting your Order so that, where a Product's correct price at the time of your Order is less than our stated price at that time, we will charge the lower amount. If the Product's correct price at the time of your Order is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract and refund you any sums you have paid.
4.3 If your payment is not authorised, your Order will not be fulfilled.
5. CANCELLATION AND REFUNDS
5.1 You have a legal right to change your mind and cancel the Contract between you and us within 14 days of delivery of your Products without giving a reason. This right, under the Consumer Contracts (Information, Cancellation and Charges) Regulations 2013, is explained in more detail below. Please note that the right to change your mind does not apply to any bespoke Products you purchase from us (i.e. Products that we create to your specifications or are clearly personalised).
5.2 The cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Products. You may cancel the Contract in respect of all Products delivered or in respect of certain of the Products only. Where you order multiple Products in one order or a Product is delivered in separate parts, lots or pieces, the cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last Product, part, lot or piece that makes up your Order.
5.3 To exercise the right to cancel, you must inform us of your decision to cancel the Contract with us by making a clear statement. The easiest way to do this is to contact us at email@example.com. You may use the following model cancellation form but you are not required to do so:
Model Cancelation Form To:
Excel Esports, Twickenham Stadium, 200 Whitton Road, Twickenham TW2 7BA
E-mail address: firstname.lastname@example.org
I/We(*) hereby give notice that I/We(*) cancel from my/our (*) contract of sale of the following goods(*)/for the provision of the following service*,
Ordered on(*) / received on(*)
Name of consumer(s),
Address of consumer(s),
Signature of consumer (only if this form is notified on paper)
(*) Please delete if not applicable
5.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of your right to cancel before the cancellation period has expired.
5.5 We will send you an acknowledgement of receipt of your notice to cancel by email.
5.6 If you cancel the Contract with us, we will reimburse you all payments received from you, including the cost of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us and for any deductions permitted under clause 5.9).
5.7 We will make the reimbursement without undue delay, and not later than:
5.7.1 14 days after the day we receive back from you any Products supplied;
5.7.2 (if earlier) 14 days after the day you provide evidence that you have returned the Products; or
5.7.3 if there were no Products supplied, 14 days after the day on which we are informed about your decision to cancel this Contract.
5.8 We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.
5.9 We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the Products resulting from the unfair and/or unreasonable wear and tear of the Products other than what is necessary to establish the nature, characteristics and functioning of the Products. We may make a deduction from any reimbursement (you are entitled to from us) for such loss in value of any Products we supply.
How to return Products
5.10 If you wish to exercise your rights to a refund under this clause 5, you must return those Products to the following address: MeronCourt Europe Limited, Such Cl, Letchworth Garden City SG6 1JF. We will pay the costs of return if the Products are faulty or misdescribed in accordance with clause 5.13. In all other circumstances, you must pay the costs of return.
5.11 You are responsible for taking reasonable care of the Products until they are returned to us. We recommend that you return them to us using the recommended shipping procedure added in the parcel and that you keep proof of postage. We will be unable to provide you with a full refund if the Products are not returned to us or if they are damaged when they arrive.
5.12 We will make the reimbursement using the same means of payment as you used for the initial transaction; you will not incur any fees as a result of the reimbursement.
5.13 You have legal rights in relation to Products that are not as described, faulty or otherwise not fit for purpose. If you believe that any Products that you have ordered do not conform with these Terms of Sale, please contact our Customer Services Team to request a replacement or refund.
5.14 If, due to unforeseen circumstances, we are unable to fulfil your Order or any of the Products in a particular Order, we will refund the value of the Product(s) that we were unable to fulfil and, if the full Order is cancelled, any delivery charges. You may obtain a refund by contacting us (see clause 11.3 below for the contact details).
6.2 The packaging of the Products may vary from that shown in images on the Website.
6.3 If we are making a Product to measurements you have given us, you are responsible for ensuring that these measurements are correct.
7.1.1 death or personal injury caused by our negligence;
7.1.2 fraud or fraudulent misrepresentation; and
7.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
7.2 If we fail to comply with these Terms of Sale, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Sale or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that the Contract between you and us for your Order became binding (i.e. when the Confirmation Email for that Order was issued).
7.3 We are under a legal duty to provide you with Products that are in conformity with the terms applying to your Order. Nothing in these Terms of Sale affects your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office.
7.4 We only supply Products for domestic and private use. You agree not to use the Products for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.5 Notwithstanding clause 7.2, and save as set out in clause 7.1, our maximum liability to you under these Terms of Sale in respect of any particular Order will be limited to the value of that Order (which includes any delivery charges) as set out in the relevant Confirmation Email.
8. SUSPENSION AND TERMINATION
8.1.1 issue a warning to you;
8.1.2 temporarily or permanently remove any User Generated Content uploaded by you to the Website;
8.1.3 temporarily or permanently withdraw your right to use the Website;
8.1.4 issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
8.1.5 take further legal action against you; and/or
8.1.6 disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.
8.2 If we end a Contract in the situations set out in clause 8.1, we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaching the Contract.
9. CHANGES TO THESE TERMS OF SALE
10. OTHER IMPORTANT INFORMATION
10.2 If we fail to insist that you perform any of your obligations under these Terms of Sale, 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.
10.3 If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.
11. GOVERNING LAW AND JURISDICTION
11.2 You can bring proceedings in respect of these Terms of Sale in the English courts. If you are a consumer who is resident in the UK or the European Union, you may bring any dispute which may arise under these Terms of Sale to - at your discretion - either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is within the UK or is an EU Member State, which courts are - with the exclusion of any other court - competent to settle any of such a dispute. We shall bring any dispute which may arise under these Terms of Sale to the competent court of your country of habitual residence if this is in an EU Member State, or otherwise the competent court of England.
11.3 If you are a consumer who is resident in the UK or the European Union and we direct the Website to the UK or the EU Member State in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms of Sale, including clause 11.1, affects your rights as a consumer to rely on such mandatory provisions of local law.
12. CONTACTING US
Address: Excel Esports, Twickenham Stadium, 200 Whitton Road, Twickenham, TW2 7BA
Email address: email@example.com