Last Updated: July 19, 2017
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms.
Before you can place an order on our site you will be asked to click on the button marked “I Accept” to indicate that you accept these Terms. 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.
Uppercut Deluxe Co Limited is taking full responsibility for all the transactions from the website, and handling the dispute management, refunds, cancellations, returns & customer support.
We amend these Terms from time to time as set out in clause 7. 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, and any Contract between us, are only in the English language.
Information about us
- We operate the website uppercutdeluxe.com. We are Uppercut Deluxe Co Limited, a company registered in England and Wales under company number 10335413 and with our registered office at Unit 1A.1, North Road, Marchwood Ind Park, Southampton, SO40 4BL. Our VAT number is GB 250355724.
- To contact us, either, use our contact form or write to us at: Unit 1A.1, North Road, Marchwood Ind Park, Southampton, SO40 4BL, or call us on: 02380 865 906.
- 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, because our Products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% 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 these terms and conditions. Please take the time to read these, as they include important terms which apply to you.
How we use your personal information
Age limit and your legal rights as 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. Nothing in these Terms will affect these legal rights.
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 step of the order process.
- 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 6.4.
- We will confirm our acceptance to you by sending you an e-mail that confirms payment has been mad (Order Confirmation) and another email that the Products have been dispatched (Dispatch Confirmation). 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 12.1, we will inform you of this by e-mail and we will not process 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.
- 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 7, 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.
- We may revise these Terms from time to time in the following circumstances:
Your consumer right of return and refund
- 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 8.3. 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 under these regulations 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;
- perishable goods, such as food, drink or fresh flowers;
- software, DVDs or CDs which have a security seal which you have opened or unsealed.
- 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 contact us in writing to tell us by sending an e-mail via our contact form, or by sending a letter to Unit 1A.1, North Road, Marchwood Ind Park, Southampton, SO40 4BL. 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.
- 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 8.4. If you returned the Products to us because they were faulty or mis-described, please see clause 8.6.
- If you have returned the Products to us under this clause 8 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 to us as soon as reasonably practicable;
- unless the Products are faulty or not as described (in this case, see clause 8.6), 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.
- Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.
- 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 8 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
- Your order will be fulfilled by the estimated delivery date set out on our site’s shipping and delivery page, 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 the address you gave us.
- If no one is available at your address to take delivery, our third party delivery provider may leave you a note, in which case, please follow the instructions provided to arrange delivery.
- 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 11.5 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.
- The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time.
- Our site contains a large number of Products. It is always possible that, despite our best 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 one of the following methods. We accept:
- Visa credit and debit
- Mastercard credit and debit cards
- Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we are ready to dispatch your order.
- Gift Vouchers can be purchased in values of Great British Pounds, £30, £50 £100 and £150 by simply adding this item to your cart and making payment in the same way as ordering any other item.
- Once a Gift Voucher has been purchased, an E-Mail will be sent to the e-mail address nominated to receive that Gift Voucher.
- When purchasing Items against the redemption of a Gift Voucher, add the items you are wishing to purchase to your cart then at checkout you will be able to enter the unique Gift Voucher code to receive that amount off your purchase. To enter more than 1 Gift Voucher you will be able to add further Gift Voucher codes.
- Gift Vouchers can only be redeemed in full once.
- Any amounts still owing after the Gift Voucher has been redeemed, will remain eligible for payment until the expiry of the card as per (g).
- Items purchased for less than the amount on the Gift Voucher. The remaining balance on the Gift Voucher will remain for future purchases up to the date the Gift Voucher Expires.
- Orders will not be shipped until all amounts have been paid.
- Gift Vouchers will expiry have an expiry date, 6 months from purchase date.
- Gift Vouchers are for the Value purchased only and further funds cannot be added to a Gift Voucher.
- Gift Vouchers are only valid for use on uppercutdeluxe.com and cannot be redeemed for Cash or used in stores.
- Cancelling a Gift Voucher. Customers must contact our customer care team within 7 days from the date of purchase to cancel their order and a refund will be processed. Cancellations outside of this timeframe are not permitted and should this be agreed, will be at our absolute discretion.
- Further Terms and Conditions may be listed on the Gift Voucher itself so we recommend you check these details carefully as purchasing the Gift Voucher you are agreeing to all these terms and conditions.
- You can only pay for Products using one of the following methods. We accept:
Our warranty for the Products
- For Products which do not have a manufacturer’s guarantee, we provide a warranty that on delivery and for a period of 120 days from the date of purchase, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 13.2.
- The warranty in clause 13.1 does not apply to any defect in the Products arising from:
- breakages or chipping of the Products due to dropping the Products;
- wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
- if you fail to assemble, operate or use the Products in accordance with the user instructions;
- any alteration or repair by you or by a third party who is not one of our authorised repairers; or
- any specification provided by you.
- If you are a consumer, this warranty is in addition to your 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.
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 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.
- 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 14.2.
- An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- 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 8, you must contact us in writing by sending an e-mail via our contact form or by sending a letter to Unit 1A.1, North Road, Marchwood Ind Park, Southampton, SO40 4BL. 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 wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to Uppercut Deluxe Co. Limited via our contact form or Unit 1A.1, North Road, Marchwood Ind Park, Southampton, SO40 4BL. You can always contact us using our Customer Services telephone line.
- 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.
- By submitting any content to Uppercut Deluxe Co. Limited, you represent and warrant that:
- You are the sole author and owner of the intellectual property rights thereto;
- All “moral rights” that you may have in such content have been voluntarily waived by you;
- All content that you post is accurate;
- You are at least 18 years old;
- You further agree and warrant that you shall not submit any content:
- That is known by you to be false, inaccurate or misleading;
- That infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- For which you were compensated or granted any consideration by any third party;
- That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
- That contains any computer viruses, worms or other potentially damaging computer programs or files.
- You agree to indemnify and hold Uppercut Deluxe Co. Limited (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
- For any content that you submit, you grant Uppercut Deluxe Co. Limited a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
- By submitting your email address in connection with your rating and review, you agree that Uppercut Deluxe Co. Limited and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.
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. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 12 to the recipient of the gift without needing to ask our consent.
- This contract is between you and us. No other person shall have any rights to enforce any of its terms. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 13, but we and you will not need their consent to cancel or make any changes to these 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.
- 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.
- We will not file a copy of the Contract between us.