Legends Terms of Service

LAST UPDATED: 01/26/2022

1. Welcome

1.1 These terms and conditions (the "Terms of Service") set out the terms that apply to your access and use of our website (the "Site") and the terms on which we sell and deliver any products you order from us through our Site (the "Products").

1.2 These Terms of Service apply to you if you are accessing the Site or ordering Products from the United Kingdom. If you are in the United States, please visit our US terms that apply to your use of the Site and Product orders. If you are in any country other than the United Kingdom or United States, please visit our [Rest of World] terms that apply to your use of the Site and Product orders.

1.3 Please read these Terms of Service carefully before using our Site and ordering any Products.

1.4 By using our Site you agree to these Terms of Service as they apply to your use of the Site. We will also ask you to accept these Terms of Service by checking the appropriate box when you place an order for Products or open an account on the Site. If you do not agree to these Terms of Service, you must not use the Site, set up an account on the Site or order any Products from us.

2. Information About Us

The Site and Products are provided to you by Legends Hospitality (UK) Limited, an English company registered with company number 08426292 and its registered address at 85 Great Portland Street, First Floor, Great Portland Street, London, W1W 7LT, United Kingdom ("Legends", "we", "our" or "us").

3. Contacting Us

If you would like to get in touch with us, please contact us by:

• (a) sending an email to support@gear.blizzard.com;
• (b) calling us on +44 2078703597

4. Information About You

We work hard to use any personal information submitted by you, collected from your devices, or shared with us by partners in a respectful and legal manner. Please read our Privacy Notice to understand how we collect, use and share information about you.

5. Using the Site and Creating an Account

5.1 You do not need to register with us to browse the Site or to order Products. However, in order to use certain functionalities of the Site, such as to view your past orders and make the order process easier by saving your details, you will need to set up an account (your "Account"). You can do this using the applicable functionalities on the Site by either entering your email address and setting up a password, or using an existing profile set up with one of our integrated partners. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account.

5.2 You must be 16 years or older, and capable in your country of residence of entering into a legally binding agreement, to use the Site and to order Products.

5.3 Please ensure that any details you provide when creating an account are accurate, and that you keep the information associated with your account up to date. We will not be responsible to you for any delays or failure in shipping or delivering a Product to you if you fail to provide accurate details or keep your information up to date.

6. Your Rights to Use the Site

6.1 The materials and content comprising the Site belong to us or our third-party licensors, and we give you permission to use these materials and content for the sole purpose of using the Site in accordance with these Terms of Service.

6.2 Your right to use the Site is personal to you and you are not allowed to give this right to another person. Your right to use the Site does not stop us from giving other people the right to use the Site.

6.3 Unless allowed by these Terms of Service and as permitted by the functionality of the Site, you agree:

• not to copy, or attempt to copy any portion of the Site;
• not to give or sell or otherwise make available any portion of the Site to anybody else;
• not to change, or attempt to change any portion of the Site in any way; and
• not to look for or access the code of any portion of the Site that we have not expressly published publicly for general use.

6.4 You agree that all confidential information, copyright and other intellectual property rights in the Site belong to us or the people who have licensed those rights to us.

6.5 You agree that you have no rights in or to any portion of the Site other than the right to use it in accordance with these Terms of Service.

7. Ordering Products

7.1 You can place orders for Products through the Site by adding Products to your online shopping basket and following the checkout process on the Site.

7.2 Our order process allows you to check and amend any errors before submitting your order to us. When you place an order, you will:

• be given the option of logging into your Account, creating a new Account or proceeding with the order without creating an Account;
• be given the opportunity to confirm or provide your delivery and billing address;
• be asked to select the delivery method from among those offered;
• be asked to review and confirm the applicable delivery costs;
• be asked to agree to these Terms of Service; and
• be invited to authorise payment for the Product and confirm that you wish to proceed with the purchase.

Please take the time to read and check your order, including all of the above information, before you complete the order process.

7.3 All orders are subject to acceptance by us. We will send you an email to confirm acceptance or otherwise confirm to you in writing when we have accepted your order. The contract for purchase between you and us will only be made when we send you this confirmation of acceptance.

7.4 You acknowledge that by placing an order with us for Products you will be under an obligation to pay for the Products in that order. When we accept your order, we will charge the cost of the Product and any delivery costs displayed to you in the order summary.

7.5 If you change your mind about the Products you have ordered after making your order you may be able to return the Products to us in accordance with the Cancellation and Returns Policy referred to below at paragraph 16.

7.6 You must keep the contact details we hold for you up to date so that we can contact you, if necessary, about your order or the delivery of the Products. If you have set up an account on the Site you can do this by logging in to your Account and updating your personal details. If you do not have an Account, you can do this by contacting us using the details in the "Contacting Us" paragraph above.

8. Age Restricted Product Sales

8.1 Some of the Products we sell may be age restricted. We will indicate to you on the Site if you have to be a certain age or above to buy a particular Product.

8.2 We are under a legal requirement to ensure that we do not sell any age restricted Products to underage individuals. If you place an order for an age restricted Product through the Site, we may ask you to confirm your age and provide appropriate identification documents on delivery of any age restricted Products. Delivery of these Products may be refused if you are unable to do so.

9. Availability

9.1 All orders for Products are subject to the availability of those Products and the materials for making the Products. We will inform you as soon as possible after placing an order if, for any reason, the Products you have ordered are not available or are subject to any delay.

9.2 If we are unable to supply you with a Product, for example because the manufacturer is out of stock or because of an error in the price, we will inform you of this using the contact details you provide to us in the order and we will not process your order. If you have already paid for the Product we will refund you the full amount as soon as possible.

10. Images and Sizing of Products

10.1 The images of the Products on our Site or in any other promotional materials are for illustrative purposes only. Although we have made every effort to display the appearance accurately, we cannot guarantee that your computer or any printed materials will display the appearance faithfully or reflect the true appearance of the Products. The Products that are delivered to you may therefore vary slightly from those images.

10.2 Although we have made every effort to be as accurate as possible, any Product measurements, including weights and dimensions, shown on our Site or in any other promotional materials are approximate only and may vary slightly from those advertised depending on the material used in the production of that Product.

11. Changes to the Products

11.1 We may make minor changes to the Products that will not affect your use of the Product, such as changes that:

• reflect changes in relevant laws and regulatory requirements; or
• implement minor adjustments and improvements, for example to fix previously identified issues with the Products.

11.2 We will notify you if we intend to make any significant changes to the Products before we deliver the Products to you. If you are unhappy with the change, you can contact us and cancel your order in accordance with our Cancellation and Returns Policy referred to below at paragraph 16.

11.3 If you wish to make a change to the Product you have ordered, please contact us using the details in the "Contacting Us" paragraph above. If a change is possible, we will let you know about any changes to the price of the Product, the timing of delivery or any other changes that we would need to make as a result of your requested change. We will ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may cancel your order in accordance with our Cancellation and Returns Policy referred to below at paragraph 16.

12. Prices of Products

12.1 The price of any Product will be as quoted on the Site and displayed to you when you complete the order process, except in cases of obvious error.

12.2 The price of any Product may change from time to time, but changes will not affect any order we have accepted.

12.3 The price of a Product includes all taxes but excludes delivery costs, which will be added to the total amount due. The costs of delivery may vary depending on the delivery method you choose and will be displayed to you when you submit your order.

12.4 It is always possible that some of the Products may be incorrectly priced, despite our reasonable efforts. We will normally verify prices as part of our order-handling procedure so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If the Product’s correct price is higher than the price we have quoted to you, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of the rejection.

12.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an order acceptance, if the price displayed is a genuine and honest mistake and the error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing.

13 How To Pay

13.1 After we accept your order, we will charge the price of the Product to your chosen payment method. The payment methods we accept will be available on the payment portal provided to you when you place your order.

13.2 By submitting an order to us, you are confirming that the payment details provided on your order are valid and correct.

13.3 We will cancel your order and not deliver the Product if we are unable to collect payment from your chosen payment device.

14. Delivery

14.1 We will provide you with an estimated date on which we will deliver the Products at the address you provided to us during the order process. We will aim to deliver the Products to you as soon as reasonably possible and in any event within 30 calendar days after the day on which we accept your order.

14.2 Unfortunately, although we will make every reasonable effort to ensure your Products are delivered within the estimated timescales, we cannot guarantee that they will not be affected by unforeseen issues affecting the manufacturer of the Product or our delivery partners. If we are unable to meet the estimated delivery date, we will contact you with a revised estimated delivery date.

14.3 Your delivery will be completed when we deliver the Products to the address you gave us. If your delivery requires a signature and no one is available at your address to take delivery, we will leave you a note with information about how to rearrange delivery.

14.4 We will send you an email with tracking information when your Product is out for delivery. Please follow the applicable link in the email we provide to you to find out about the status of your order or track its progress.

15. When You Own and Become Responsible For The Products

15.1 Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

15.2 The Products will be your responsibility from the time of delivery.

16. Cancellation, Returns and Refund Policy

16.1 We hope that you will be pleased with everything you have bought from us. However, if you change your mind and would like to cancel your order, you can do so at any time within 14 days of the Products are delivered to you are another person (other than the carrier) nominated by you. You may also be able to cancel your order and return Products to us for other reasons as set out in these Terms of Service.

16.2 Please see our Cancellations and Returns Policy for further information about when you can cancel your order, how you can do so and how to return your Products

17. Your Responsibilities

You understand and agree that you are responsible for your conduct whilst using the Products and for any consequences arising from such use. You agree to use the Products only for purposes that are proper and in accordance with applicable laws, rules and regulations and all terms, precautions, practices, policies and guidelines we have made and may make available.

18. Our Responsibility to You In Respect of the Products

Your rights in respect of the Products:

18.1 We are under a legal duty to supply products that are in conformity with our contract with you at the time of delivery, and that are free from hidden defects that render the Products unusable or diminish your ability to use them. This means that the Products we supply to you must be as described, fit for purpose and of satisfactory quality.

18.2 If we fail to comply with our legal duties relating to the quality of the Products we deliver to you, your legal rights may entitle you to the following:

• (a) Up to 30 days from delivery: if the Product is faulty, then you can get an immediate refund.
• (b) Up to 6 months from delivery: if the Product is faulty, you can ask us to repair or replace the Product. If it cannot be repaired or replaced within a reasonable time or if we refuse to repair or replace it because it would result in a disproportionate cost for us, then depending on the nature of the defect you may be able to claim a refund in accordance with 18.5, or a reduction of the price paid for the Product.
• (c) Up to 2 years from delivery: if the Product is faulty, and the fault existed at the time it was delivered to you, you can ask us to repair or replace the Product. If it cannot be repaired or replaced within a reasonable time or if we refuse to repair or replace it because it would result in a disproportionate cost for us, then depending on the nature of the defect you may be able to claim a refund in accordance with 18.5, or a reduction of the price paid for the Product.

18.3 This paragraph 18 is not exhaustive and does not affect your statutory rights, including the right to bring a claim against us if you suffer damage as a result of any defect in the Products.

What we are not responsible for:

• (a) your failure to use the Products in accordance with a reasonable standard of care and in accordance with any written care instructions we have provided to you;
• (b) repairs or alterations made to the Products by anyone other than us or one of our approved contractors; or
• (c) an accident or event outside of our control (such as a fire, lightning strike or storm damage).

How to exercise your rights in respect of any defects in the Products:

18.5 Please see our Cancellations and Returns Policy [link] for further information about contacting us to discuss your rights in respect of any faulty or mis-described Products and how to return Products to us.

19. Our Responsibility to You Generally

19.1 We do our best to ensure that the features and functionalities of the Site and the Products are of a reasonably satisfactory standard and match any descriptions we have provided to you.

19.2 Certain features of the Site may rely on networks and connections that are beyond our control. Some of the information provided to you on the Site may also contain content owned or developed by third parties. We do not own or produce such third-party content and are not otherwise responsible for it in any way.

19.3 We will do our best to ensure that the Site will always be available to you. However, due to the nature of the Internet and technology, the Site may be unavailable if we need to undertake any emergency or scheduled maintenance on our systems. This means that we are unable to promise that your use of the Site will be uninterrupted, without delays, error-free or meet your expectations. We will notify you of any planned outages; however, we may not be able to do this if any outages are caused by circumstances outside of our control.

19.4 We do not in any way exclude or limit our liability where it would be unlawful for us to do so, including for:

• intentional or grossly negligent breaches of our obligations;
• losses that arise from a breach of an obligation that is of particular importance given the nature and purpose of our agreement with you, and that was an obvious consequence of our breach or was contemplated by you and us at the time we entered into the contract;
• damages arising from death or personal injury caused intentionally or by our negligence;
• our obligations under a guarantee (whether set out in these Terms of Service or provided separately);
• our responsibility to supply products that comply with applicable law;
• fraud or fraudulent misrepresentation, including the fraudulent concealment of defects; or
• any breach of terms implied by law (including your right to receive products which are as described and match information we provided to you, are of satisfactory quality, fit for purpose and supplied with reasonable skill and care).

19.5 Paragraph 19.4 will also apply to any losses caused by a legal representative or other agent of ours.

19.6 Our Products are supplied for domestic and private use only. We will not be responsible to you for any loss of profit, loss of business, business interruption or loss of business opportunity if you use the Products for any commercial, business or re-sale purpose.

19.7 This paragraph 19 does not affect your statutory rights.

20. User Content

20.1 You may upload and post publicly available reviews about the Products on our site, including information, text and photos ("User Content").

20.2 We do not claim ownership of your User Content, and ownership will remain with you and any third party whose content you include in your User Content. Instead, by uploading and posting User Content, you grant us the right to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, and otherwise make available your User Content on our Site.

20.3 You must ensure that you are able to grant us the above licence for any third party owned content you include in your User Content, and that your User Content will meet the Rules of Acceptable Use set out in paragraph 21 below. We may monitor any User Content and delete any User Content where we believe it breaches these Terms of Service.

21. Rules of Acceptable Use

21.1 In addition to the other requirements within these Terms of Service, this section describes specific rules that apply to your use of the Site (the "Rules of Acceptable Use").

21.2 When using the Site you must not:

• circumvent, disable or otherwise interfere with any security related features of the Site;
• use the Site for commercial purposes, or accept any payment or commission in relation to your use of the Site;
• give any false or misleading information, impersonate any person or permit any other person to use the Site under your name or on your behalf unless such person is authorised by you;
• use the Site if we have suspended or banned you from using it;
• advocate, promote or engage in any illegal or unlawful conduct, including any criminal activity, fraud or money laundering, or conduct that causes damage or injury to any person or property;
• threaten, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
• post any User Content that is inaccurate, incomplete, misleading, illegal, offensive, or otherwise harmful;
• promote or advertise any goods or services on the Site;
• modify, interfere, intercept, disrupt or hack the Site;
• misuse the Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Site or any equipment of another user of the Site;
• collect any data from the Site other than in accordance with these Terms of Service (including through any "scraping" of the Site); or
• use any automated system, including without limitation "robots", "spiders" or "offline readers" to access the Site in a manner that send more request messages to the Site than a human can reasonably produce in the same period of time.

21.3 Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice):

• (a) immediate, temporary or permanent withdrawal of your right to use the Site;
• (b) issuing of a warning to you;
• (c) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• (d) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

21.4 The responses described in paragraph 21.3 are not limited, and we may take any other action we reasonably deem appropriate.

22. Notice and Takedown Policy

22.1 Any person may contact us by sending us an "Infringement Notice" if any content available on our Site infringes their rights or fails to comply with our Rules of Acceptable Use. The Infringement Notice should be sent by email using the contact details in the "Contacting Us" paragraph above. Please provide the following information in the Infringement Notice:

• (a) your name and contact details;
• (b) a statement explaining in sufficient detail why you consider that the content available on our Site infringes your rights or fails to comply with our Rules of Acceptable Use; and
• (c) a link to or such other means of identifying the problematic content.

22.2 We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to you within a reasonable period of time on the action we propose to take.

23. Events Outside of Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you under a contract that is caused by events outside of our control including acts of god, fire, flood, severe weather, explosions, war (whether declared or not), acts of terrorism, industrial disputes (whether or not involving our employees), or acts of local or central Government or of any other competent authorities.

24. Resolving Disputes

24.1 If you have a dispute with us relating to our contract with you, we would welcome the opportunity to try to make things right and resolve the dispute with you ourselves. In the first instance, please contact our complaints team using the details in the "Contacting Us" paragraph above so that we can attempt to resolve the dispute informally through our internal complaints handling process.

24.2 In the unlikely event that we are not able to resolve the dispute informally, we will discuss with you the most effective way of resolving the dispute through a formal dispute resolution process.

24.3 This paragraph does not affect your statutory rights.

25. Documents That Apply to Our Relationship With You

25.1 These Terms of Service set out the only terms and conditions that apply to our relationship with you.

25.2 We intend to rely on these Terms of Service as setting out the written terms of our agreement with you for the provision of the Products and your use of the Site.

25.3 Each of the paragraphs of these Terms of Service operates separately. If part of the Terms of Service cannot be enforced then the remainder of the Terms of Service will still apply to our relationship.

25.4 If you do not comply with these Terms of Service and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.

26. Updating These Terms of Service

26.1 We may modify or update these Terms of Service from time to time for reasons including:

• changes in how our business operates;
• changes in the legal or regulatory requirements that we must comply with;
• changes in how we accept payment from you; or
• changes to our Site.

26.2 We will contact you to let you know about any significant changes to these Terms of Service or any documents referred to in these Terms of Service. We may contact you using the contact details you submitted to us when submitting your order. Any changes to these Terms of Service will not affect previous orders for Products that have already been delivered to you, which will continue to be governed by the version of the Terms of Service that was in force when you placed your order.

26.3 Normally, we will try to give you some warning before any new terms become effective. However, sometimes, changes will need to be made immediately and if this happens we will not give you any notice.

27. Rights of Third Parties

Any contract made between you and us is only made between you and us. No third party will have any rights to enforce any of its terms.

28. Transfer of Our Rights

We may transfer our rights and obligations under our contract with you to another organisation, and we will notify you if this happens. This will not affect your rights or our obligations under the contract.

29. Law and Jurisdiction

These Terms of Service are governed by English law. The English courts will have non-exclusive jurisdiction over any dispute arising from or related to the contract between you and us for the purchase of the Products or your use of the Site. This does not, however, affect your rights under the law of the country in which you are resident, including (where applicable) your right to have a dispute heard in the courts of that country. If you live in Scotland, you may choose to have your dispute heard in the English or Scottish Courts. If you live in Northern Ireland, you may choose to have your dispute heard in the English or Northern Irish Courts.

30. Contacting You

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.