Terms of Service

The following Terms of Service ("TOS") govern the sale of products on footygreets.com. The following terms apply to the purchase of our products and might be updated. If you do not agree to be bound by these terms of service, you should not purchase a service from our website.

1. Definitions and Interpretation

  • 1.1 In this Agreement the following terms must have the following meanings:
"Business Day" means any day;
"the Customer" means the person who accepts the offer of the Supplier for the sale of the Goods;
"Commencement Date" means the commencement date for this Agreement as set out in the order;
"the Contract" means the contract for the purchase and sale of the Goods under this Agreement;
"these Conditions" means the standard terms of services set out in this document includes any special terms and conditions agreed in writing between the Customer and the Supplier;
"the Delivery Date" means the date on which the Goods are to be delivered and accepted by the Supplier;
"the Greet" means goods and are personalised video greetings from our selection of footballers that is personalised for the Customer or a third party that the Customer identify as a recipient;
"the Supplier" means Footy Greets;
"the Star" means the footballer or football personality you have selected to record the Greet;
  • 1.2 Any reference in this Agreement to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.
  • 1.3 The headings in this Agreement are for convenience only and shall not affect their interpretation.

2. Basis of Sale and Service

  • 2.1 In entering into the Contract, the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
  • 2.2 No variation to this Agreement shall be binding unless agreed in writing between the authorised representatives of the Customer and the Supplier.
  • 2.3 Sales literature, price lists and other documents issued by the Supplier in relation to the Greets are subject to alteration without notice and do not constitute offers to sell the Greets which are capable of acceptance.
  • 2.4 Any typographical, clerical or other accidental errors or omissions in any sales literature, price list, acceptance of offer or other document or information issued by the Supplier shall be subject to correction without any liability on the part of the Supplier.
  • 2.5 The Star has sole discretion to determine how to fulfil your request and the content of the Greet may not follow your exact request.
  • 2.6 The Supplier's reserves the right to reject any order at their sole discretion.

3. The Greet

  • 3.1 No order submitted by the Customer shall be deemed to be accepted by the Supplier unless and until confirmed in writing by the Supplier's authorised representative.
  • 3.2 The specification of the Greet shall be those set out by the Customer (if accepted by the Supplier).
  • 3.3 The Supplier reserves the right to make any changes in the specification of the Greet which are required to conform with any applicable statutory or regulatory requirements or, where the Greets is to be supplied to the Supplier's specification, which do not materially affect their quality or performance.
  • 3.4 No order which has been accepted by the Supplier may be cancelled by the Customer except with the Agreement in writing of the Supplier on the terms that the Customer shall indemnify the Supplier in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Supplier as a result of cancellation which typically amounts to 10% of the amount specified on the relevant Star's booking page.

4. The Services

  • 4.1 With effect from the Commencement Date the Supplier shall, in consideration of the Fees being paid provide the services expressly identified on the Star’s Greet booking page.
  • 4.2 The Supplier will use reasonable care and skill to perform the services identified in Star’s Greet booking page.
  • 4.3 The Supplier shall use all reasonable endeavours to complete its obligations under the Schedule, but time will not be of the essence in the performance of these obligations.
  • 4.4 The Star has up to seven days (at their sole discretion) to fulfil or decline your Greet.

5. Price

  • 5.1 The price of the Greet shall be the price set by the Star or their management and listed in Star’s Greet booking page current at the date of acceptance of the Customer's order or such other price as may be agreed in writing by the Supplier and the Customer.
  • 5.2 The Supplier will charge the amount specified on the Star’s booking page at the time the request is submitted.

6. Payment

  • 6.1 All payments required to be made pursuant to this Agreement shall be made using a valid credit or debit card through the third-party payment provider on footygreets.com.
  • 6.2 All payments shall be made to the Supplier as indicated on the form of acceptance issued by the Supplier.

7. Delivery and Performance

  • 7.1 Delivery of the Greet shall be made by the Supplier delivering the Greet to the account created by the customer or if agreed or expressly requested in writing to the customers specified email address.
  • 7.2 The Delivery Date is approximately seven days and time for delivery shall not be of the essence unless previously agreed by the Supplier in writing. The Greet may be delivered by the Supplier in advance of the Delivery Date.

8. Cancelation of a Greet

  • 8.1 If the Supplier or Star declines the Greet to be recorded an amount of 10% of the amount specified on the relevant Greets booking page is retained to cover administrative fees.
  • 8.2 If the Supplier delivers the Greet at any time after the seven days specification, the Supplier shall have no liability in respect of such late delivery;
  • 8.3 If the Customer has been previously barred from using or accessing any aspect of the Suppliers services a Greet may be cancelled and an amount of 10% of the amount specified on the relevant Greets booking page is retained to cover administrative fees.

9. Liability

  • 9.1 Except in respect of death or personal injury caused by the Company’s negligence, the Company will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under express terms of this contract, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the Company’s servants or agents or otherwise) which arise out of or in connection with the supply of the Greet.
  • 9.2 The Customer shall indemnify the Supplier against all damages, costs, claims and expenses suffered by arising from loss or damage to any equipment (including that of third parties) caused by the Customer, or its agent or employees.
  • 9.3 The Supplier shall not be liable to the Customer or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of the Supplier's obligations if the delay or failure was due to any cause beyond the Supplier's reasonable control.

10. Force Majeure

  • 10.1 In the event that either party is prevented from fulfilling its obligations under this Agreement by reason of any supervening event beyond its control including but not limited to war, national emergency, flood, earthquake, strike or lockout (subject to Sub-clause 15.2) the party shall not be deemed to be in breach of its obligations under this Agreement. The party shall immediately give notice of this to the other party and must take all reasonable steps to resume performance of its obligations.
  • 10.2 Sub-clause 10.1 shall not apply with respect to strikes and lockouts where such action has been induced by the party so incapacitated.
  • 10.3 Each party shall be liable to pay to the other damages for any breach of this Agreement and all expenses and costs incurred by that party in enforcing its rights under this Agreement.
  • 10.4 If and when the period of such incapacity exceeds 6 months then this Agreement shall automatically terminate unless the parties first agree otherwise in writing.

11. Waiver

  • No waiver by the Supplier of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.

12. Severance

  • If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected thereby.

13. Third Party Rights

  • A person who is not a party to the Contract shall have no rights under the Contract pursuant to the Contracts (Rights of Third Parties) Act 1999.

14. Arbitration

  • 14.1 In the event of a dispute arising out of or relating to this contract, including any question regarding its existence, validity or termination, the parties shall first seek settlement of that dispute by mediation in accordance with the LCIA Mediation Procedure, which Procedure is deemed to be incorporated by reference into this clause.
  • 14.2 If the dispute is not settled by mediation within 15 days of the appointment of the mediator, or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause.

15. Copyright

  • 15.1 Greets are considered as All rights reserved
  • 15.2 Any unauthorised broadcasting, public performance, copying or re-recording will constitute an infringement of copyright.

16. Governing Law and Jurisdiction

  • This Agreement shall be governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English and Welsh courts.