These are the terms and conditions on which we sell any of the products “Products” listed on our website to you, whether these are goods, services or digital content. Please read the Terms carefully before accessing or using the website and before you submit your order to us. These Terms tell you who we are, how we will provide certain products to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.
These Terms as varied from time to time in accordance with clause 4 govern your use of the website and all its associated services. By accessing, browsing and/or using the website you will be deemed to have agreed to these Terms. If you do not wish to be bound by these Terms you must discontinue accessing, browsing and/or using the website.
1. INFORMATION ABOUT US
1.1 This website is operated by UBT (EU) Ltd, company number 4938684 registered in England and Wales (“UBT”). The website is operated as a trading division of UBT as ‘Providoré’ under the domain www.Providoregifts.co.uk (the "website"). The registered address is: Exchange Place, Poseidon Way, Warwick, CV34 6BY, UK. Our VAT number is GB 821 9002 61.
Contacting us if you are a consumer:
1.2 If you wish to contact us for any reason, including because you have any complaints, you can contact us by telephoning our customer service team ("Customer Support") at 0330 7000 800 or by e-mailing us at email@example.com.
1.3 How we may contact 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.
1.4 "Writing" includes emails. When we use the words "writing" or "written" in these Terms, this includes emails.
Contacting us if you are a business. You may contact us by telephoning our Customer Support as set out in clause 1.3 above. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 28.
2.1 UBT strives to present its Products completely and accurately in any form of marketing media it may select, however the information and Product images shown on the website are representative only and we do not warrant or guarantee the accuracy or completeness of information. Your Products may vary slightly from those images. UBT makes no representation as to the fitness for use of any of its Products for any application. If there are any doubts, questions, or concerns about a Product or services description, quality or price, the consumer should first contact Customer Support on the website for further information.
2.2 The packaging of the Products may vary from that shown on images on our website.
3. ONLINE SALES ORDERS THROUGH THE SHOPPING CART AND CHECKOUT AREA OF THIS WEBSITE
3.1 Our shopping pages will guide you through the steps you need to take to place an order with 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 page of the order process. In particular please check the delivery address is correct as in the event that we are unable to deliver Products due to inaccurate or insufficient details you will not be entitled to any refund or free replacement item, but will be charge in full.
3.2 By submitting an order this constitutes an offer by you to UBT to purchase Products, for example, hardware, software and/or other downloadable content on a one-off or subscription basis for the duration selected using the shopping cart and check out application on this website subject to these Terms.
3.3 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 below.
3.4 The Contract for a particular transaction is concluded at the point where we accept your offer to purchase any Products by remitting an Order Confirmation (the "Contract"). The Contract between us will only be formed when we send you the order confirmation ("Order Confirmation"). We may however, at our sole discretion reject your order (without liability) if we are unable to fulfil your order, and in such instance will refund any payments made for the unfulfilled portion of your order.
3.5 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 we cannot meet your requested delivery date or because of an error in the price on our website as referred to in clause 5.1, 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 including any delivery costs charged as soon as possible.
3.6 If you are a consumer then the following terms apply to you only
3.6.1 If you are a consumer you may only purchase Products from our website if you are at least 18 years old. If you are under 18 years of age, you must obtain a parent/guardian's consent before accessing and using the website.
3.7 If you are a business then the following terms apply to you only
3.7.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our website to purchase Products.
3.7.2 These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
3.7.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
3.7.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
3.8 Your Right to make changes
3.8.1 If you wish to make a change to the Product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
3.9 Our rights to make changes
3.9.1 We may change the Products to:
126.96.36.199 reflect changes in relevant laws and regulatory requirements; and
188.8.131.52 implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Product.
3.9.2 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
4. OUR RIGHT TO VARY THESE TERMS
4.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
4.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
4.3 We may revise these Terms as they apply to your order from time to time to reflect the changes in relevant laws and regulatory requirements.
4.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
5. PROVIDING THE PRODUCTS, SHIPPING & PAYMENTS
5.2 You can pay for Products using a debit card or credit card. We also accept payment via Paypal and direct debit.
5.3 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
5.3 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
5.4 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. Please see clause 6.1 below for what happens if we discover an error in the price of Products you ordered.
5.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
5.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact Customer Support promptly.
5.7 We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
5.8 Your legal rights if we deliver late. You have legal rights if we deliver any Products late. If we miss the delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
5.8.1 we have refused to deliver the Products;
5.8.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
5.8.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
5.9 Setting a new deadline for delivery. If you do not wish to cancel your order straight away, or do not have the right to do so under clause 5.8, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
5.10 Ending the Contract for late delivery. If you do choose to cancel your order for late delivery under clause 5.7 or clause 5.8, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery. Please call Customer Support on 03300 55 55 00 or email us at firstname.lastname@example.org for a return label or to arrange collection.
5.11 When you become responsible for the Product. The Product will be your responsibility from the time we deliver the Product to the address you gave us or you or a carrier organised by you collect it from us.
5.12 When you own goods. You own a Product which is goods once we have received full payment.
5.13 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Products to you, for example, your email address. If so, this will have been stated in the description of the Products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the Contract (and clause 14.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
5.14 Reasons we may suspend the supply of Products to you. We may have to suspend the supply of a Product to:
5.14.1 deal with technical problems or make minor technical changes;
5.14.2 update the Product to reflect changes in relevant laws and regulatory requirements;
5.14.3 make changes to the Product as requested by you or notified by us to you (see clause 3).
5.15 Your rights if we suspend the supply of Products. We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. If we have to suspend the Product for longer than 4 weeks in any 12 week period we will adjust the price so that you do not pay for Products while they are suspended. You may contact us to end the Contract for a Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 12 weeks and we will refund any sums you have paid in advance for the Product in respect of the period after you end the Contract.
5.16 We may also suspend supply of the Products if you do not pay. If you do not pay us for the Products when you are supposed to and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products. We will not suspend the Products where you dispute the unpaid invoice (see clause 5.6). We will not charge you for the Products during the period for which they are suspended. As well as suspending the Products we can also charge you interest on your overdue payments (see clause 5.5).
6. PRICING ERRORS
6.1 Our website contains a large number of Products. It is always possible that, despite our best efforts, some of the Products on our website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you in writing to 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.
7. COPYRIGHT AND TRADEMARKS
8. PRODUCT LICENCE TERMS
8.1 Copies of certain Products are sold to you along with the right to use the Product subject to and in accordance with the terms of any end user license agreements and/or other license terms and conditions included or advised as relating to the Products.
9. RANGE OF PRODUCTS
9.1 We have a wide and varied product range which is under regular review. We will endeavour to keep the Website up to date with our product range and availability.
9.2 For any bespoke or custom orders, we will ask you to confirm and approve and proof designs. Once approved you cannot alter your Order so please ensure you check all designs carefully.
9.3 Various Products have a minimum order and/or delivery quantity as set out in the Website. Unfortunately, we cannot accept orders below those minimum quantities.
10. PRIVACY AND HOW WE USE YOUR PERSONNAL INFORMATION
10.2 We will use the personal information you provide to us:
10.2.1 to supply the Products to you;
10.2.2 to process your payment for the Products; and
10.2.3 if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
10.3 We may pass your personal information to credit reference agencies. Where we extend credit to you for the Products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
10.4 We will only give your personal information to third parties where the law either requires or allows us to do so.
11.1 The terms of the Disclaimer Policy (available here) (add link) form part of these Terms. You acknowledge and agree to terms of the Disclaimer Policy
12. YOUR RIGHT OF RETURN AND REFUND
The following clause 12.1 applies if you are a business
12.1 UBT’s ultimate purpose is to raise money for charitable purposes, and thus all sales are considered final except for reasons stated further in this policy. All orders for Products are accepted on the terms that the customer has an express desire to receive, accept and pay for said Products. Orders for individual items may be cancelled only if they have not yet been shipped (which includes electronically) from UBT. If an order has been shipped, it will be considered closed and the customer is expected to accept the Products and the terms of sale for the Product in question. Due to UBT contracts with third party suppliers, subscriptions for items shipped over a period of time as part of a series may not be cancelled and the customer is expected to accept the full series, and its terms of sale. UBT does not accept returns of Products simply because you have changed your mind, nor does it give refunds for these Products.
The following clauses in this clause 12 only apply if you are a consumer
12.2 You can always end your Contract with us. Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract:
12.2.1 If what you have bought is faulty or misdescribed you may have a legal right to end the Contract (or to get the Product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 15;
12.2.2 If you want to end the Contract because of something we have done or have told you we are going to do, see clause 12.3;
12.2.3 If you have just changed your mind about the Product, see clause 12.4. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Products;
12.2.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 12.7.
12.3 Ending the Contract because of something we have done or are going to do. If you are ending a Contract for a reason set out at 12.3.1 to 12.3.5 below the Contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:
12.3.1 we have told you about an upcoming change to the Product or these terms which you do not agree to;
12.3.2 we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
12.3.3 there is a risk that supply of the Products may be significantly delayed because of events outside our control;
12.3.4 we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
12.3.5 you have a legal right to end the Contract because of something we have done wrong (including because we have delivered late (see clause 5.8).
12.4 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most Products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Terms.
12.5 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
12.5.1 those items listed in clauses 21 and 22 below;
12.5.2 digital Products after you have started to download or stream these;
12.5.3 services, once these have been completed, even if the cancellation period is still running;
12.5.4 Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
12.5.5 sealed audio or sealed video recordings or sealed computer software, once these Products are unsealed after you receive them;
12.5.6 any Products which become mixed inseparably with other items after their delivery;
12.5.7 any Product which is perishable; and
12.5.8 any Product which is bespoke, made to measure, personalised or a custom design which has been specifically requested and approved by you.
12.6 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
12.6.1 Have you bought services? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
12.6.2 Have you bought digital content for download or streaming? If so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
12.6.3 Have you bought goods? If so, you have 14 days after the day you (or someone you nominate) receives the goods, unless:
184.108.40.206 your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
220.127.116.11 your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
12.7 Ending the Contract where we are not at fault and there is no right to change your mind. If you do not have any other rights to end the Contract (see clause 12.2), you can still contact us before it is completed and tell us you want to end it. The Contract will not end until 1 calendar month after the day on which you contact us. We will refund any advance payment you have made for Products which will not be provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply the Product until 3 March. We will only charge you for supplying the Product up to 3 March and will refund any sums you have paid in advance for the supply of the Product after 3 March.
13. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
13.1 Tell us you want to end the Contract. To end the Contract with us, please let us know by doing one of the following:
13.1.1 Phone or email. Call Customer Support on 0330 7000 800 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
13.1.2 Online. The easiest way to do this is to complete the cancellation form on our website. A link to the website cancellation form will be included in our Order Confirmation and any dispatch confirmation which we issue. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at firstname.lastname@example.org. or contact our Customer Support team by telephone on 0330 7000 800 or by post to Exchange Place Poseidon Way Warwick CV34 6BY If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
13.1.3 By post. Print off the cancellation form and post it to us at the address on the form. Or simply write to us at that address, including the information required in the form.
13.2 Returning Products after ending the Contract. If you end the Contract for any reason after Products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please call Customer Support on 0330 7000 800 or email us email@example.com for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the Products within 14 days of telling us you wish to end the Contract.
13.3 When we will pay the costs of return. We will pay the costs of return:
13.3.1 if the Products are faulty or misdescribed;
13.3.2 if you are ending the Contract because we have told you of an upcoming change to the Product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
13.3.3 if you are exercising your right to change your mind.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
13.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the Product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery, see our list of charges.
13.5 How we will refund you. We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
13.6 Deductions from refunds. If you are exercising your right to change your mind:
13.6.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
13.6.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
13.6.3 Where the Product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.
13.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
13.7.1 if the Products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.
13.7.2 in all other cases, your refund will be made within 14 days of your telling us you have changed your mind
14. OUR RIGHTS TO END THE CONTRACT
14.1 We may end the Contract if you break it. We may end the Contract for a Product at any time by writing to you if:
14.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
14.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products;
14.1.3 you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us;
14.1.4 you do not, within a reasonable time, allow us access to your premises to supply the services.
14.2 You must compensate us if you break the Contract. If we end the Contract in the situations set out in clause 14.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you a reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
14.3 We may withdraw the Product. We may write to you to let you know that we are going to stop providing the Product. We will let you know at least 14 days in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.
15. IF THERE IS A PROBLEM WITH THE PRODUCTS
15.1 How to tell us about problems. If you have any questions or complaints about the Product, please contact us. You can telephone our Customer Support team at 0330 7000 800 or write to us at firstname.lastname@example.org. or Exchange Place Poseidon Way Warwick CV34 6BY.
15.2 Summary of your legal rights applying to consumers only. We are under a legal duty to supply Products that are in conformity with this Contract. See the box below for a summary of your key legal rights in relation to the Product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions.
For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your Product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your Product your legal rights entitle you to the following:
If your Product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
15.3 Your obligation to return rejected Products. If you wish to exercise your legal rights to reject Products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call Customer Support on 0330 7000 800 or email us at email@example.com. for a return label or to arrange collection.
16. DAMAGED SHIPMENTS
16.1 All Products are visibly inspected by UBT or our carefully chosen suppliers before being packaged for shipment where practicable, and in good faith, are shipped as being in new usable condition. If a package is received with obvious external damage to the shipping container, you must make note of it with the delivery carrier immediately. If the contents of the package are found to be indeed damaged, you must contact and make a claim directly with the delivery carrier. If you need assistance, UBT Customer Support can guide you with this process, but cannot accept the goods for return. You must save the packaging and receipts to file a claim and receive reimbursement directly from the delivering carrier. If the shipping container did not show external damage, but the contents are found damaged, you must contact the delivery carrier immediately, but usually no later than 24 hours, after opening the package. Again, all packaging and receipts should be saved. UBT assumes no liability for Products damaged in transit.
17. ELECTRONIC PRODUCTS
17.1 Electronic hardware Products (e.g. Phones etc) are considered Dead-On-Arrival (DOA) if they fail to function properly (e.g. turn on, etc.) when you first attempt to use them within 24 hours after receipt. If you believe your Product is DOA, immediately call UBT Customer Support for further assistance. Once a DOA determination has been made, UBT will offer you the following options:
- Replacement: At its expense, UBT will ship another of the same Product and arrange for the faulty Product to be picked up for return. You will require a return authorization number from UBT to do this.
- Repair: You may have the Product repaired. If you choose this option, it must be at your expense, and you may not request replacement of the Product later.
18. OTHER FAULTY PRODUCTS
18.1 Products other than electronic hardware Products (e.g. CD’s, Books, etc.) which are believed to be faulty can be returned at your expense for detailed evaluation by UBT quality control. UBT will replace the item once this inspection has taken place and the Product is verified to be defective where the consumer is not at fault. The replacement of faulty Products is at the sole discretion of UBT and their decision is final. Note: UBT recommends you return the Product in the original packaging and by a shipment method that offers insurance and a tracking number. UBT will not be liable for your package if it is lost or damaged in transit.
19. WRONG ITEMS OR MISSING ITEMS
19.1 If you received the wrong item(s) compared to that listed on your packing documents, call the Customer Support help desk immediately to arrange for exchange and instructions on how to return the item(s). You will require a return authorization number from UBT to do this. UBT will pay shipping costs for authorized returns.
19.2 Contact Customer Support immediately upon receipt of your shipment if the packing documents indicate an item was shipped, but was short or not at all included in the package. It may be the item(s) were shipped in a separate package or from multiple locations.
19.3 If you received something you did not order, contact Customer Support immediately and UBT will arrange to have the item picked up for return.
20. MISSING PARTS OR ACCESSORIES
20.1 If your Product is missing any parts, accessories, instructions, etc. that you feel should have been included you should first contact the manufacturer of the item directly. Typically a manufacturer will send these items out free of charge. Look on the item’s packaging, instruction sheet, or warranty info for the manufacturer’s contact information. Call Customer Support for assistance if you need further help with the above.
21. PERSONALISED AND CUSTOM ORDERED PRODUCTS
21.1 Any custom ordered Product including personalized Products will not be eligible for return unless the Product itself is faulty or the personalization was not correct as ordered. In cases of defect caused by other than the consumer, the Product will be exchanged.
21.2 To the extent that the Goods are to be manufactured in accordance with a specification supplied by the customer, the customer shall indemnify UBT against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by UBT in connection with any claim made against UBT for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with UBT’s use of the specification. This clause shall survive termination of the Contract.
22. NO RETURN ITEMS
22.1 Except as set out elsewhere in these Terms, UBT will not consider any of the following under any condition for return, exchange or refund:
•Products tampered with by unauthorized service personnel
•Products not used for intended purpose
•Products broken other than those damaged in transit
•Products scratched, dented, or otherwise cosmetically flawed unless shipped by UBT imperfect
•Any Product that can no longer be re-sold as “new”
•Any Product no longer in the original packaging
•Any surplus Product purchased at a discount
•Books no longer in new condition
•Opened memory, software CD’s, music CD’s or other media
•Software downloads and upgrade subscription products Gift Cards Gift Packaging
23. ALL RETURNS
23.1 Any Product returns to UBT must have necessary UBT approval. You will be issued a Return Authorization Number which must be used on the return packaging and all paperwork and correspondence. Any returns made without UBT approval will not be accepted.
24. OUR LIABILITY IF YOU ARE A BUSINESS
This paragraph only applies if you are a business customer.
24.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
24.2 Nothing in these Terms limits or excludes our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- defective products under the Consumer Protection Act 1987.
24.3 Subject to the paragraph set out above, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss.
24.4 Subject to clause 24.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the order for Products under which the liability arises.
24.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
25. OUR LIABILITY TO YOU IF YOU ARE A CONSUMER
This paragraph only applies if you are a consumer
25.1 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 it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
25.2 We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
25.3 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.
26. UNENFORCEABLE PROVISIONS
26.1 Each of the clauses and paragraphs of these Terms operates separately. If any provision of these Terms is, or is found to be, unenforceable under any applicable law, that part will be severed and the remainder of the Terms will continue to be valid and enforceable.
27. DISPUTE RESOLUTION
27.1 If any dispute arises in connection with the Contract, a director or other senior representative of us, with authority to settle the dispute will, within 14 days of a written request from you, look, in a good faith effort, to resolve the dispute.
28. COMMUNICATIONS BETWEEN US
28.1 When we refer, in these Terms, to "in writing", this will include e-mail.
28.2 If you are a consumer you may contact us as described in clause 1
28.3 If you are a business:
28.3.1 any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
28.3.2 a notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
28.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
28.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
29. OTHER IMPORTANT TERMS
29.1 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.
29.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
29.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these terms.
29.4 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.
29.5 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our website 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.
29.6 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
29.7 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).