Terms & Conditions
1. INTRODUCTION
1.1 This website is owned and operated by Urban Alpha Limited (Us, We, Our). We are registered in the UK (technically “England & Wales”) under number 7512429. Our registered office and trading address is at 3 Curzon Road, Poynton, Stockport, Cheshire SK12 1YE.
1.2 These terms and conditions (T’s & C’s) apply when you buy any goods via this site or otherwise use this site.
1.3 You are not eligible to buy any goods via this site if:
1.3.1 You are below the legal age to form a binding contract with us (unless you have the consent of your parent / guardian); or
1.3.2 It is unlawful for you to buy or use the goods in, or import them into, your country.
1.4 Where you communicate with us on behalf of a company / organisation, you promise that you have authority to act on behalf of that entity.
1.5 We may change these terms and conditions at any time. Please check them carefully as they will apply to any new purchases made after the effective date shown above.
2. RIGHT TO CANCEL
2.1 If you are a consumer (ie acting for purposes outside a business), you have the right to cancel the contract within 14 days following the day after delivery of goods. This is longer than the 7 working day period allowed by the Distance Selling Regulations. The right of cancellation is subject to the conditions set out in our Returns Policy [link].
2.2 Your above rights under the Distance Selling Regulations are not affected by any separate returns policy on our website.
3. PAYMENT AND PRICE
3.1 Payment is in advance by the means stated on our website. We will only process payments if we obtain authorisation from our payment partner.
3.2 The price for the goods you order is as stated on our site at the time you send us your order. VAT or sales tax is included unless we say otherwise.
3.3 If we have mis-priced any item by mistake, we are not obliged to supply the item at that price provided we notify you before we despatch it. If we do notify you, then you can decide if you want to order the item at the correct price but, if you don’t, we will provide a full refund of any payments already made.
3.4 Delivery costs are charged extra at the rate shown on our site when you place your order. These will depend on the delivery method chosen. NB The delivery charges do not include customs or import duties which may be applied to your order by the relevant authorities. It is your separate responsibility to pay for these.
4. YOUR ORDER
4.1 Your order is an offer to buy from us.
4.2 You must ensure that your order and any other information you supply to us is correct and you must promptly update us if there are any changes.
5. ACCEPTANCE AND UNAVAILABILITY
5.1 There will be no binding contract of any kind between you and us unless and until we actually despatch the goods to you. Until then we may decline to supply the goods to you without giving any reason. Nothing else that we do or say will amount to acceptance of your offer. If any goods are unavailable, we will notify you of the unavailability as soon as possible and will arrange for a full refund if you have been charged.
6. DELIVERY
6.1 We will only arrange for delivery once we have received full payment in cleared funds. Delivery will be to the address which you specify when ordering.
6.2 We will do our best to arrange delivery within the time specified on our website or, if none, a reasonable period. We are not liable for late delivery to the extent that this is due to circumstances beyond our reasonable control.
6.3 An extra delivery charge may become payable if no-one is present to accept delivery and either you haven’t provided alternative delivery instructions or else you don’t collect the item from a holding depot within 7 days.
6.4 Risk of damage or loss to the goods passes to you on delivery or if you wrongfully refuse delivery when delivery is attempted.
7. OUR RESPONSIBILITY TO YOU
7.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
7.2 You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself.
7.3 We are not responsible for any loss or damage where:
7.3.1 There is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
7.3.2 Such loss or damage was not reasonably foreseeable by both parties;
7.3.3 Such loss or damage is caused by you, for example by not complying with this agreement; or
7.4.4 Such loss or damage relates to a business.
8. YOUR RESPONSIBILITY TO US
8.1 You will be responsible to us for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement (subject of course to our obligation to mitigate any losses).
9. INTELLECTUAL PROPERTY RIGHTS
9.1 All trade marks, logos, content (including our website’s structure and layout), graphics, images, photographs, animation, videos, text and software used on this site are our intellectual property or that of our partners or suppliers. For the purposes of your personal non-commercial use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
9.2 If you publish any content on our website, you grant us a worldwide, perpetual, non-exclusive, royalty-free licence to copy, alter, adapt or display such content on our website.
10. OUR CONTENT
10.1 Any content which we ourselves make available is not intended as professional or other advice. We cannot guarantee that it is accurate or up to date. Before acting on such information, you must make your own appropriate enquiries including as to its accuracy and suitability for your purposes and take appropriate professional or other advice. You rely on such information at your own risk.
11. DISPLAY OF GOODS ON OUR WEBSITE
11.1 We will take reasonable care to ensure that representations and descriptions of goods appearing on our website are correct. We have made every effort to display as accurately as possible the appearance / colour / texture / finish of our goods. However, what you see will depend on your monitor and computer equipment and so you acknowledge and accept that there may be minor differences between the actual goods and the way that they appear on the screen. For example, the colour tone may differ.
12. DISCOUNT CODES
12.1 We may offer discount codes from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered. Unless otherwise stated codes are only available for orders placed online, and can only be redeemed once per customer
12.2 All discount codes refer to the price excluding delivery charges. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
13. COMMENTS AND REVIEWS ON OUR SITE
13.1 If we allow you to upload any comments, reviews or other content to this website, you must ensure that they are accurate, that they comply with all applicable laws, regulations and codes of conduct and that they do not infringe any third party intellectual property or other rights. Also, your content must not be defamatory, offensive, vulgar, racist, abusive, invasive of another’s privacy or similarly inappropriate.
13.2 We reserve the right without notice or refund to suspend, alter, remove or delete any content or to disclose to the relevant authorities any such content if it is the subject of complaint or where we have reasonable grounds for believing that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant content.
14. SECURITY
14.1 If we enable you to create an account on our site, you acknowledge that this is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
15. AVAILABILITY OF OUR SITE
15.1 We cannot guarantee that our site will be uninterrupted or error-free. We are entitled without notice and without liability to suspend the site for repair, maintenance, improvement or other technical reason.
16. THIRD PARTY WEBSITES
16.1 We may link to third party websites which may be of interest to you. We do not recommend or endorse those sites or the products or services which they offer nor are we legally responsible for them as they are outside our reasonable control. You use such third party sites at your own risk.
17. “ACT OF GOD”
17.1 Neither you nor we are liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond its reasonable control including third party telecommunication failures.
18. ENGLISH LAW
18.1 These T&Cs shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.
19. GENERAL
19.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (ie that it can’t be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.
20. COMPLAINTS
20.1 If you have any complaints, please contact us via the contact details shown on our website or write to our address shown at the start of these T&Cs.
Version Number 1.0
Effective Date: 25th November 2011