TERMS AND CONDITIONS
These are the terms and conditions on which we supply any of the products (Products) listed on our website (Site) www.urbansize.co.uk. By ordering any of our Products on this Site, you agree to be bound by these terms and conditions. Please read these terms and conditions carefully and print a copy for future reference.
If you do not accept these terms and conditions, you will not be able to order any Products from our Site.
1.1. “Urbansize” refers to www.urbansize.co.uk which is owned and operated by Sallie Agnihotri. Urbansize main trading address is Nutaberry Yard, Nutaberry Hill, North Devon. Our VAT number is 258 2990 64. Our email address is email@example.com. Urbansize may also be referred to as “Us” or “We” or “Our Site” in these terms and conditions.
1.2 “Users” are individuals who make a purchase from Our Site. Users must:
be legally capable of entering into binding contracts;
be at least 18 years old.
“Users’ may be referred to as “You” or “the Purchaser” in these terms and conditions.
- ACCESSING OUR SITE
2.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
2.2 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
- THE CONTRACT
3.1 After placing an order, you will receive an e-mail from us confirming that your order has been accepted (Order Confirmation). This is not an acceptance of your offer to purchase made via your order. The offer to purchase will only be accepted once we dispatch your order. Only then will the contract between us and you (Contract) be formed.
3.2 We will not be obliged to supply any Products in the event of the following:
- Items are out of stock
- We are unable to authorise your payment
- A product description or pricing error is identified;
- The Purchaser has not accepted the terms and conditions;
- Our delivery companies are unable to deliver.
3.3 The contract between you and us is binding on you and us and on our respective successors and assigns.
3.4 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
3.5 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
- INTERNATIONAL ORDERS
4.1 Products which are ordered from outside of the UK may be subject to import duties and taxes once Products reach their destination. Urbansize is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Products, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Products are being imported. Please be aware that Products may be inspected on arrival at port for customs purposes.
5.1 All descriptions of the Products on our site are correct at the time of publication on our site. We have a policy of continuous product development and reserve the right to amend the specification of Products without prior notice in relation to future sales.
5.2 The measurements of the Products are as accurate as possible, but are nevertheless approximate.
5.3 Finishes are applied to the exterior of our Products. Due to the nature of the materials used, finishes may vary.
5.4 Our Products are intended solely for domestic use and we give no guarantees or undertakings in respect of the use of our Products for commercial purposes. By agreeing to these terms and conditions, you agree that we are in no way responsible for any non-domestic or commercial use of our Products and that you have no rights to cancel this purchase if you are purchasing the Product in a business capacity.
5.5 Stock availability and delivery dates provided on the website and subsequently communicated in any form are estimates and cannot be guaranteed.
6.1 Our standard delivery and small furniture items will be delivered by Parcelforce who will attempt to deliver twice. If they are unable to deliver they will leave a card and you can contact them directly. If you do not contact them within 5 days, the goods will be returned to us and a re-delivery charge will be applicable.
6.2 For large items, either us or our nominated delivery partner will contact you to notify you when your Products are available and, will arrange a date for delivery to the address specified by you.
6.3 Either we or our nominated delivery partner will deliver your Products to any UK mainland address (excluding Northern Ireland). The charges will vary, but will be indicated when you place your order. We reserve the right to require proof of identification from you when making a delivery to you.
6.4 You are required to take delivery on the date agreed between us, otherwise we reserve the right to charge you an additional redelivery fee. This payment will be due before redelivery.
6.5 Our delivery partner for large items will provide an estimated delivery time slot 48 hours before delivery. If you subsequently cancel the delivery or if you are not available to accept the delivery when our delivery partner arrives at your address within the agreed time slot, we reserve the right to charge you for the cost of the delivery in addition to any delivery charge already paid.
6.6 Time of delivery is not of the essence in these terms and conditions. We will not be liable for any direct or indirect loss of profits or other financial loss or damage suffered by you through any delay.
6.7 For deliveries of large items to addresses in mainland UK, our nominated delivery partner will exercise every caution and extend every courtesy during delivery and assembly. Neither we nor they can be held liable for any accidental damage to your property or person, however caused, and only enter your premises under these conditions.
6.8 Our nominated delivery partner will endeavour to deliver the purchased goods to you within 15 working days of them arriving in their warehouse. Failure for you to accept delivery of these items within 20 working days will result in our having the right to charge you storage charges at £10 per week for each large item (these are items which cannot be sent by postal carrier due to their size). Should you not wish to pay this we reserve the right to cancel your order and refund you accordingly. If you decide to cancel the contract in accordance with clause 5.2, any storage fees will not be refunded.
6.9 Our nominated delivery partner will use reasonable endeavours to deliver large items to a room of your choice. The room must be accessible to two delivery people either on the ground floor or via adequate stairs or elevator and without the need for mechanical lifting equipment. Delivery is always subject to the Health and Safety of the delivery personnel.
6.10 At the time of delivery the Products will usually be unpacked and assembled. A signature will be required to acknowledge delivery. The signature of the person accepting delivery at the delivery address will be proof that you or the person to whom the order is addressed has received delivery.
6.11 You are responsible for checking the condition of the Products delivered and must highlight any issues upon receipt with the delivery carrier. The delivery carrier will direct all queries at this stage to us and we will agree a means of resolving the issues that are presented at this time.
6.12 You are responsible for measuring up prior to delivery to ensure that Products ordered will fit through any restricted spaces in your home. If the courier is unable to deliver due to such restrictions, we are unable to refund delivery costs.
- RISK AND TITLE
7.1 The Products will be at your risk from the time of delivery.
7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges (if any).
- PRICE AND PAYMENT
8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
8.2 These prices include VAT but exclude any delivery costs which will be added to the total amount due as set out in our delivery charges.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
8.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.6 Payment for all Products may be made by Paypal, credit or debit card. We accept payment by Visa, Mastercard, Delta/Connect and Maestro.
8.7 Products cannot be delivered until full payment has been received.
- CONTRACT CANCELLATION
9.1 You may cancel a Contract at any time within 14 days, beginning on the day after you received the Products. If the contract is cancelled within 14 days, you are entitled to receive a full refund of the price paid for the Products (not including the original delivery charge) or alternatively, a replacement item in accordance with our Refunds and Returns Policy.
9.2 To cancel a Contract, you must inform us in writing or by email or by telephone. In addition, the Products must be in the same condition in which you received them which means, for the avoidance of doubt and without limitation, that they must be in perfect resaleable condition and undamaged in any way. They must also be returned in their original packaging. You have a legal obligation to take reasonable care of the Products while they are in your possession.
9.3 You are responsible for the costs of returning the item and the item is your responsibility until it reaches us. If it is lost or damaged in transit we are unable to refund or replace the item.
9.3. If the contract is cancelled after 14 days but within 28 days, a credit note will be offered.
9.4 This provision does not affect your statutory rights.
- OUR REFUNDS AND RETURNS POLICY
10.1 When you return a Product to us:
(a) because you have cancelled the Contract between us within the 14 day cooling-off period (see clause 9 above), we will process the refund due to you, within 14 days of the day on which we receive the Product back. In this case, we will refund the price of the Product in full provided that there is no evidence of use or damage.
(b) for any other reason (for instance because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via telephone or e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products delivered by us to you in mainland UK and returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us (if any). These charges and costs are to be agreed with us in writing in advance of you incurring them.
10.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
- 11. INTELLECTUAL PROPERTY RIGHTS
11.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
11.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
11.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
11.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
11.5 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
11.7 Commentary and other materials posted on our site 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.
- VIRUSES, HACKING AND OTHER OFFENCES
12.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
12.2 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.
12.3 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 SITE
13.1 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.
13.2 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.
- LINKS FROM OUR SITE
14.1 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
- OUR LIABILITY
16.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
16.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
16.3 This does not include or limit in any way our liability:
for death or personal injury caused by our negligence;
under section 2(3) of the Consumer Protection Act 1987;
for fraud or fraudulent misrepresentation; or
for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
16.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data; or
- waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, provided that this clause 12.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 12.1 or clause 12.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 12.4.
- WRITTEN COMMUNICATIONS
17.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. In the event of a questions or complaints please email firstname.lastname@example.org
18.1 All notices given by you to us must be given to Urbansize, 83d Humber Road, Blackheath, London, SE3 7LR or emailed to email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 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.
- EVENTS OUTSIDE OUR CONTROL
19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
19.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Impossibility of the use of public or private telecommunications networks;
- The acts, decrees, legislation, regulations or restrictions of any government.
19.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
20.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
20.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
20.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.
19.1 If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- ENTIRE AGREEMENT
20.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
20.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
- OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
21.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
21.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
- LAW AND JURISDICTION
22.1 Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.