Terms of service
In these Terms and Conditions the following words and phrases shall have the following meanings:
- The "Carrier" means provider of delivery services chosen by the Company to provide delivery services to Customers.
- The "Company" means Utility Bear Limited
- The "Customer" means a person who has placed an Order with the Company.
- "Order" means an order made in accordance with these Terms and Conditions on an Order Form or by other written or electronic means containing similar information to an Order Form, or by telephone and in each case accompanied by full payment including, where applicable, payment for postage and packing, and for transit insurance.
- "Order Form" means a pre-printed order form issued by the Company or copy of such a form.
- Receipt Of Orders The placing of an Order by a Customer shall constitute an offer to the Company to purchase goods at the current price advertised by the Company. The Company shall have an absolute discretion as to whether or not to accept that offer.
- Offer and Acceptance If the Company decides not to accept an offer made according to the terms of Clause 2. above, it shall inform the Customer accordingly and, depending on your method of payment (see point 5), refund or return to the Customer all monies included with the Order, or those sums relating to that part of the Order which is not accepted.
- Availability of Stock The Company shall endeavour to supply any and all items ordered. However, the Company reserves the right not to supply any or all items ordered by a Customer if the same are not available.
- Payment For all payment types payment is processed at the point the order is confirmed.
- Time of Delivery The Company shall endeavour to ensure that a Customer's Order is dispatched at the time requested by that Customer. Where the Company is unable to dispatch an Order at the time requested by a Customer, that Order shall be dispatched as close to the time requested as is reasonably possible, whether this is earlier or later than the time requested.
- Title and Risk Title to and risk in the items ordered by the Customer shall pass to the Customer on delivery to the Customer(s) premises once full payment has been received by the Company.
- Guarantees and limitation of liability 8.1. If a Customer is not satisfied with any item supplied to them by the Company, he or she may return that item to the Company for a replacement or refund. 8.2. The Company's liability for any and all purposes including loss consequential to a breach of these Terms and Conditions or if any item supplied is in any way unsatisfactory shall be limited to a maximum of the value paid by the Customer to the Company.
- Repayments due to Customers Where the Company is liable to repay any amount to a Customer under these Terms and Conditions, that repayment shall take the form of a cheque or card refund for all sums.
Goods returned to our shops that were purchased online will be refunded with the same form of payment, as originally used to buy the item. For example the payment card, or PayPal
Goods returned via carrier for refund, will be refunded within 3 to 5 days of the goods arriving back with us. Please note that banks take longer to process refunds than purchases, so there may be a delay of several days before your refund appears on your card statement
- Cancellation and Variation of Orders If you wish to cancel or are considering cancelling a product you have ordered from us please be aware of the following terms that apply:
- Cancellation prior to dispatch will be processed immediately by us. However, please note that there will be a time delay with regards to the refund appearing on your statement, if you have paid for your order using Paypal
- You have rights to cancel under the Consumer Contracts Regulations 2013. We will comply with this legislation and will always do our utmost to ensure your expectations are satisfied
- Applicability of cancellation rights: Legal rights of cancellation under the Consumer Contracts Regulations 2013 available for UK or EU consumers do not apply to certain products and services (for example, specially made orders or for hygiene reasons underwear, Any item with a seal, where this has been broken
- Damaged or incorrectly supplied products: Please contact us as soon as possible if your product has been damaged in transit, has a fault or is incorrect. This can be done by post, email, or telephone. We will cover the cost of your return, or arrange collection if the problem was our fault, but you need to receive our authorisation first
- Damage during the course of returning products: If you choose to return any products to us, we will not be responsible for any loss or damage to them in transit and, for this reason, we recommend that you use a recorded delivery service. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage
This is not intended to be a full statement of all your rights under the Consumer Contracts Regulations 2013. Full details of your rights under the Consumer Contracts Regulations 2013 are available in the UK from your local Citizens’ Advice Bureau or your Local Authority’s Trading Standards Office. In the case of damaged or incorrectly supplied goods, we may offer you a replacement product if that is agreeable to you. Any refunds given by us will be made to the debit/credit card account or by cheque (as applicable) provided when you placed your order and will be subject to our right to withhold amounts for products which are damaged on return or for which we arrange collection, as outlined above Where we deliver products to a third party in accordance with your order, you will only be able to exercise this cancellation right if you can return the goods to us (or arrange for us to collect them)
- Catalogue Prices 11.1. Unless otherwise stated, all prices shown in catalogues and pricelists include any VAT, which is chargeable on the sale of the particular item. 11.2. In the event that VAT rates increase during the currency of a catalogue or price list, the Company reserves the right to pass on any such additional amounts to the Customer.
- Terms and Conditions
12.1. These Terms and Conditions shall override all other contractual terms other than those implied under sections 12 and 14 of the Consumer Rights Act 2015 and the Consumer Contracts Regulations 2013.
12.2 Force Majeure. The Company shall not be liable for failure to comply with these Terms and Conditions owing to any act or event beyond its control including but not limited to natural disasters, Acts of God, riots, civil commotion, strikes, shortage of supplies, lock-outs, industrial action, war, disease or fire. The Customer may, upon notice in writing to Utility Bear Limited, terminate these Terms and Conditions in the event that any such act or event prevents the Company from performing its obligations hereunder for more than thirty (30) consecutive days.
ACCESSING OUR WEBSITES
DEPENDENCE ON STATEMENTS POSTED
Statements made on our websites are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Our websites are regularly updated and we may change the content at any time. If the need arises, we may suspend access to our websites, or close them indefinitely. Any of the material on our sites may be out of date at any given time, and whilst we are under no obligation to update such material, we do our utmost to ensure all information is current and accurate. In the event that you see something that is incorrect, please contact us email@example.com
We are the licensee or owner of all intellectual property rights in our website and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Content contained on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude: - All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. - Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including: - loss of income or revenue; - loss of business; - loss of profits or contracts; - loss of anticipated savings; - loss of data; - loss of goodwill; - wasted management or office time; and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
TRANSACTIONS CONDUCTED THROUGH OUR WEBSITE
Contracts for the supply of goods formed through our site or as a result of visits made by you are governed by our terms and conditions of supply.
WEBSITE SECURITY & POTENTIAL BREACHES
When you place an order it is recorded on our secure server. The secure server software (SSL) encrypts all information you input before it is sent to us. Furthermore, as required by the UK Data Protection Acts of 1984 and 1998, we follow strict security procedures in the storage and disclosure of information, which you have given us, to prevent unauthorised access. Our security procedures mean that we may occasionally request proof of identity before we are able to disclose sensitive information to you. You must not misuse our websites by knowingly introducing Viruses, Trojans, Worms or other malicious or technological material which is harmful. You must not attempt to gain unauthorised access to our websites, the server on which our sites are stored or any server, computer or database connected to our websites. You must not attack our websites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy. If you wish to make any use of material on our site other than that set out above, please address your request to firstname.lastname@example.org
SOCIAL NETWORKING SITES
LINKS FROM OUR WEBSITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
CONCERNS ABOUT OUR ONLINE MATERIAL
If you have any concerns about material which appears on our site, please contact email@example.com
ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and us under which you may access our website www.utilitybear.com (our site). This acceptable use policy applies to all users of, and visitors to, our website. Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use. www.utilitybear.com is a site operated by Utility Bear Limited (we). We are registered in N.Ireland under company number 689002 and we have our registered office at 1ST Floor, 39-41 Wellington Street, Ballymena, BT43 6AD. Our main trading address is Utility Bear Limited, 1ST Floor, 39-41 Wellington Street, Ballymena, BT43 6AD. Our VAT number is GB 424107925
We may from time to time provide interactive services on our site, including, without limitation: - Bulletin boards. - Links to our social networking activities including but not limited to Blogger, Facebook and Twitter. (interactive services). Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must: - Be accurate (where they state facts). - Be genuinely held (where they state opinions). - Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not: - Contain any material which is defamatory of any person. - Contain any material which is obscene, offensive, hateful or inflammatory. - Promote sexually explicit material. - Promote violence. - Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. - Infringe any copyright, database right or trade mark of any other person. - Be likely to deceive any person. - Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence. - Promote any illegal activity. - Be threatening, abusive or invade another's privacy, or cause annoyance, inconvenience or needless anxiety. - Be likely to harass, upset, embarrass, alarm or annoy any other person. - Be used to impersonate any person, or to misrepresent your identity or affiliation with any person. - Give the impression that they emanate from us, if this is not the case. - Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
SUSPENSION AND TERMINATION
Be assured we appreciate your custom and will do all possible to ensure you enjoy a secure experience that will encourage you to visit us again in the future. If your require further information please contact us at firstname.lastname@example.org