| 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 Payment
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 Delivery
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 Dalsouple® 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 and for information on
how do so please click [here], 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 Your card payments will be processed by Secpay Limited, who
operate their own secure server. They will encrypt your card information
and authorise payment directly. This means that your card details are
never revealed to us. You should note that Secpay Limited may transfer
to, process and hold your card information in countries either within
or outside the European Union in connection with performing their duties.
7.7 By agreeing to these terms and conditions, you give your
consent to the way your personal data will be handled under them.
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 412090 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.
11 Assignment
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.
15 Severability
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 post at U-Fit Limited, Hollywood Lodge, Ash, Martock,
Somerset TA12 6NY;
17.3.2 by email at info@ufitflooring.com;
17.3.3 by telephone on 01935 412090.
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.
17.5 U-Fit Limited is a company registered in England and Wales
under company number 2741079 whose registered office is at Hollywood
Lodge, Ash, Martock, Somerset TA12 6NY. Our VAT registration number
is 586 3980 84.
© 2005 U-Fit Limited.
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