Terms and Conditions
You must take the time to read and understand these terms and conditions before making purchases on this site. Please ensure that you print off a hard copy of these terms and conditions before you place any order.
1 Important information
- 1.1 These terms and conditions form a legal contract which sets out your rights and obligations and those of U-Fit Limited ("U-Fit") in relation to this site and the goods offered by U-Fit through this site.
- 1.2 By ordering goods from this site you accept that you are bound by these terms and conditions.
- 1.3 We reserve the right to alter these terms and conditions from time to time in accordance with clause 12 below (Changes to this agreement).
- 1.4 If you do not wish to be bound by these terms and conditions then you may not order goods through this site.
- 1.5 You may not use this site or order any goods through it if you are under 18 years of age.
2 Your details
- 2.1 You undertake that you will only order goods using accurate and current information about yourself including your name, address and any other requested details.
- 2.2 You must ensure that the personal information that you enter during the ordering process is accurate and complete. Information on what we will use this information for is set out at clause 7 below (Privacy and use of your data).
2.3 To order goods through the site you must provide details of a credit or debit card. You hereby confirm that;
- 2.3.1 you are fully entitled to use that card; and
- 2.3.2 it has available funds sufficient to cover the charges which are to be deducted from it.
3 Ordering the goods
- 3.1 The website will guide you through the process of placing an order and once you place your order we will send you an email confirming receipt of your order and the details contained in it.
- 3.2 Your order represents an offer to us to purchase goods from us and we accept that offer only when we send another email to you (or contact you by telephone) to confirm specifically that we have despatched particular goods to you "Despatch Confirmation". This will be a separate email from that which confirms receipt of your order. If your order contains more than one good and certain goods are not referred to in a Despatch Confirmation, the goods which are not referred to do not form part of that contract.
- 3.3 The quantity and description of the goods you purchase will be as set out in and as confirmed by you during the ordering process.
- 3.4 You may order two broad categories of goods through the site: bespoke and standard, and certain parts of these terms and conditions make different provision in each case. You will be informed as part of the ordering process if your goods are bespoke.
- 3.5 You must ensure that you observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from this site. The importation or exportation of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the import or export of the goods you purchase.
- 4.1 Full payment, including tax and any delivery charges, is required prior to our acceptance of your order before any goods will be despatched to you.
- 4.2 If you wish to pay by cheque, please allow sufficient additional time for us to receive your cheque and please note that you should allow at least 7 calendar days for your cheque to clear before your order will be accepted and despatched.
5 Prices, refunds and cancellation
- 5.1 The prices that are payable for the goods will be as displayed on this site from time to time. All such prices are exclusive of packaging, tax and delivery charges. VAT will be charged in addition at the prevailing rate. Delivery will be charged for and it may not be possible for us to deliver to all locations. You will be informed of the costs of packaging and delivery during the ordering process.
5.2 The price paid for any goods by you will only be refunded by us:
- 5.2.1 as set out in this clause 5; or
- 5.2.2 at our discretion.
- 5.3 Subject to clause 5.4 below, you may cancel your contract with us for the goods you order at any time up to the seventh working day after the date upon which you receive the goods. To cancel your contract as above you must notify us in writing. You do not have to give us any reason for cancelling the contract nor will you have to pay any penalty.
- 5.4 You cannot cancel your contract if you have ordered bespoke goods which have been prepared to your specifications.
- 5.5 If you have received the goods before you cancel your contract then, unless under clause 5.4 you do not have a right to cancel, you must return the goods to our contact address at your own cost and risk as soon as possible.
- 5.6 If you cancel the contract, but we have already processed the goods for delivery you must not unpack the goods when you receive them and you must return the goods to us at your own cost and risk as soon as possible.
- 5.7 If you cancel your contract or reject any goods once delivered then you will have no further rights whatever in relation to the supply to you of such goods or the failure by us to supply goods in accordance with the contract.
- 5.8 Refunds will be paid within 30 days of the date of your giving a cancellation notice in accordance with clause 5.3 provided that the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of that delivery to us, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be refunded.
5.9 We may cancel your order if:
- 5.9.1 we have insufficient stock to deliver the goods you have ordered;
- 5.9.2 we do not deliver to your area;
- 5.9.3 one or more of the goods you have ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received from our suppliers.
- 5.10 If we do cancel your order, we will notify you by email and, if we have taken payment, will refund any sums paid to us as soon as possible and in any event within 30 days of your order. We will not be obliged to make any additional payment by way of compensation.
- 6.1 The price for delivery of goods ordered will be as displayed during the ordering process. You must make all arrangements to take delivery of the goods when they are tendered for delivery.
- 6.2 Delivery will be made to the address you give us for delivery at the time you make your order.
6.3 Save as provided in clause 6.4 below, we aim to make delivery as follows:
- 6.3.1 if your order comprises solely standard goods, within approximately 10 working days;
- 6.3.2 if your order includes bespoke goods, within approximately 20 working days.
- 6.4 If your order includes madeinfrance goods, we aim to make delivery within 40 working days of your order being accepted by us.
- 6.5 Once we accept your order for goods we will contact you to arrange a suitable delivery date. If you require precise delivery times or conditions, you must let us know your requirements before making your order.
- 6.6 You will be deemed to have accepted the goods 2 working days after delivery of them to you. You become the owner of the goods once they are delivered to you and they will then be held at your own risk. Once goods are delivered we will not be liable for their loss or destruction.
7 Privacy and use of your data
7.1 Subject to the other provisions of this clause 7, the privacy principles we apply are that unless you indicate your consent to such use during the ordering process we will not:
- 7.1.1 supply your personal data to any third parties; or
- 7.1.2 use your personal data ourselves for any marketing or commercial purposes; or
- 7.1.3 send you any other communication relating to this site and any goods which we consider may be of interest to you.
- 7.2 We reserve the right to communicate such of your personal information as we hold to third parties if required to do so by law or the requirements of any relevant regulatory or other authority.
- 7.3 If all of the assets of U-Fit (or substantially all of them) are acquired by a third party, we may transfer personal data we then hold to that party.
- 7.4 Any personal information submitted through this site is stored in a database which is held on and processed by computers situated in the United Kingdom.
- 7.5 Cookies are small amounts of information which we store on your computer. Unless you have indicated your objection when disclosing your details to us, our system will issue cookies to your computer when you log on to the site. Cookies make it easier for you to log on to and use the site during future visits. They also allow us to monitor website traffic and to personalise the content of the site for you. You may set up your computer to reject cookies although in that case, you may not be able to use certain features on our site. If you do not wish to receive cookies in the future, please let us know.
- 7.6 By agreeing to these terms and conditions, you give your consent to the way your personal data will be handled under them.
- 7.1 Subject to the other provisions of this clause 7, the privacy principles we apply are that unless you indicate your consent to such use during the ordering process we will not:
8 Intellectual property
- 8.1 "U-Fit" is a registered trademark. All other trademarks, brand names, product names and titles and copyrights used in this site belong to their respective holders.
- 8.2 You agree that all copyright, design rights, trademarks and other intellectual property rights arising in and relating to this site are the property of U-Fit. All rights are reserved.
9 Limitation and exclusion of liability
- 9.1 Please check deliveries carefully before accepting the goods. If the goods we deliver are not what you ordered or are damaged or defective or if the delivery is of an incorrect quantity or amount, we shall have no liability to you unless you notify us in writing by email or by post to an address as set out in clause 17 below or by telephone to 01935 82 66 47 within 2 working days of the delivery in question.
9.2 If you notify us under clause 9.1 above, we will arrange for collection of the goods in question and our only obligation will be, at your option:
- 9.2.1 to make good any shortage or non-delivery;
- 9.2.2 to replace or repair any goods that are damaged or defective;
- 9.2.3 to refund to you the amount paid by you for the goods in question in whatever way we chose.
- 9.3 Nothing in these terms and conditions will operate to limit our liability for death or personal injury resulting from our negligence. All of the statutory rights you may have as a consumer remain unaffected.
- 9.4 We will not be liable to you or any third party for any indirect or consequential loss, damage or expenses, or for any loss of goodwill, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of these terms and conditions or otherwise).
- 9.5 Without limiting the above, our liability under this contract (whether arising in tort or contract or otherwise) will not under any circumstances exceed an amount equal to the price for the goods in question paid by you to us.
10 Events beyond our control
- 10.1 We will not be liable to you for any failure or delay in our performance of the contract which is caused by any circumstances beyond our reasonable control including (without limitation) any disruptions caused by third party service providers, disruptions to the availability of the internet or of the goods we supply, acts of God, war, strike, lockout, industrial action, fire, flood, drought, tempest or terrorist action ("Force Majeure Event").
- 10.2 Subject to clause 10.3, in the event of the occurrence of a Force Majeure Event our obligations under this contract will be suspended for the duration of the Force Majeure Event and thereafter we will use reasonable endeavours to supply the goods ordered by you.
- 10.3 If and when the period of such incapacity exceeds 60 calendar days, this contract will automatically terminate and both parties will be released from their respective obligations.
- We reserve the right to assign this contract, and to assign or subcontract any or all of our rights and obligations under this contract. You may not without our prior written consent assign or dispose of your rights or obligations under this contract.
12 Changes to this agreement
- 12.1 We reserve the right (but shall not be obliged) to change these terms and conditions from time to time and to replace the old version with any new version or versions on this site.
- 12.2 Should we do so, we will notify you of the fact that there are changed terms on this site and the new version of these terms and conditions will take effect from the point of notification on this site and will govern your relationship with us.
13 Entire agreement
- These terms and conditions, as updated from time to time as set out in clause 12 above, together with the current website prices and delivery details, contain the whole of the agreement between us and you concerning the goods and they replace all earlier agreements and understandings with you, except in the case of any fraud or fraudulent representation by either of us.
14 Third party rights
- A person who is not a party to these terms and conditions will have no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of them.
- If any part of these terms and conditions is unenforceable or invalid (including any provision in which we exclude or limit our liability to you) the validity and enforceability of the remainder will remain unaffected.
16 Law and jurisdiction
- This agreement will be governed by and construed in accordance with the laws of England and Wales and the courts of England will have exclusive jurisdiction over the subject matter of these terms and conditions.
17 Contact and company details
- 17.1 Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to either the postal address or email address set out in 17.3 below. All notices from us to you will be either as notified to you by post or by email from time to time or as displayed on this site.
- 17.2 We will communicate with you electronically by email or by posting notices on the site. You agree that any such communications satisfy any legal requirement that any such communication be in writing. We cannot guarantee that any such electronic communication will be secure or free from viruses. You agree that you accept these risks and consent to receive communications from us electronically.
17.3 You can contact us:
- 17.3.1 by email at firstname.lastname@example.org;
- 17.3.2 by telephone on 01935 82 66 47.
- 17.4 Please make sure you include your name and email address with all correspondence, along with any order number you may have been given.
© 2008 U-Fit Limited.
- 1. Important information
- 2. Your details
- 3. Ordering the goods
- 4. Payment
- 5. Prices, refunds and cancellation
- 6. Delivery
- 7. Privacy and use of your data
- 8. Intellectual property
- 9. Limitation and exclusion of liability
- 10. Events beyond our control
- 11. Assignment
- 12. Changes to this agreement
- 13. Entire agreement
- 14. Third party rights
- 15. Severability
- 16. Law and jurisdiction
- 17. Contact and company details