Terms & Conditions
Last Updated June 20th 2018
Below you can find the terms and conditions for our website www.urbandesignfox.co.uk (and its equivalent pages in other countries, all of which beyond this point referred to as “our website”), and any of our products (“product” or “products”) listed on our website.
Note that we can change or revise any of the below terms at any time, therefore please check this page from time to time to make note of any change.
General terms of Sales
A) General Terms of Sales
Each of the provisions of these Terms of Sale operates separately. If any court or any other relevant authority decides that any of these paragraphs are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
A.1. Information about us:
www.urbandesignfox.co.uk (“we”, “us”, “our”) is a website operated by Arctic Fox Concept S.L., with headquarters in Los Collados Zieschang 22, 30880 Aguilas, Spain (registration number B73973034 and VAT-number ESB73973034).
A.2. Ordering Products:
A.2.1. You can order one or multiple of our products using the process outlined on our website. By doing so you acknowledge that you are obliged to pay for these products, if we decide to accept the order.
A.2.2. Please take the time to read and double check your order at every step of the ordering process. Our process allows to amend and change at every step.
A.2.3. All orders are subject to acceptance by us. We will send you a confirmation e-mail after receiving your order and this will constitute acceptance by us. The contract between you and us will only be made when we send you this email. We will charge your chosen payment method after we accept your order. We will send a further email when your order has been dispatched. In case we do not accept your order, but you have already paid for the Product or Products we will refund you the full corresponding amount as soon as possible.
A.2.4. Regrettably we can’t stop an order once it has been dispatched by us. If you change your mind about your order after this point you can reject delivery or return the Products to us in accordance with the returns policy below at clause A.9.
A.2.5. Before ordering from us, it is your responsibility to check and determine your full ability to receive the Products ordered. This includes ensuring that the Products ordered will pass freely into your room of choice, they fit in that room, can be transported through the door of your flat or room, stairs and doorways, and there are no other issues that could make delivery more complicated or impossible.
A.2.6 You must keep the contact details we hold for you up-to-date so that we can contact you if necessary about your order or the delivery of the Products.
A.3. Product Availability:
A.3.1. All orders for Products are subject to the availability of those Products and the materials for making the Products. We will inform you as soon as possible after receiving your order if, for any reason, the Products you have ordered are not available or are subject to any delay.
A.3.2. If we are unable to supply you with a Product, for example, because the manufacturer is out of stock or because of an error in the price (see clauses 5.4 and 5.5 below) we will inform you of this by email and we will not process your order. If you have already paid for the Product we will refund you the full amount as soon as possible.
A.4. Images and sizing of products:
A.4.1. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer will display the colours of the Products accurately. Also natural materials used might vary slightly. As a result, the Products that are delivered to you may vary slightly from those images.
A.4.2. Although we have made every effort to be as accurate as possible, any measurements indicated including weights, dimensions and capacities shown on our site are approximate only.
A.5. Prices of Products:
A.5.1. The price of any Product will be as quoted on our site, except in cases of obvious error.
A.5.2. The price of any Product may change from time to time, but changes will not affect any order we have accepted.
A.5.3. The price of a Product includes VAT (where it applies) and standard delivery costs (also see our Delivery and Returns policies page). Any additional costs where applicable (for example intercontinental shipping) will be added to the price of the Products and set out as part of the total amount due during the order process. By ordering the Products you acknowledge the obligation to pay for both the product as any such additional costs.
A.5.4. Due to the large number of Products on our site, it is always possible that some of the Products listed on our site may be incorrectly priced, despite our reasonable efforts. We will normally verify prices as part of our order-handling procedure 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 the 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 the rejection.
A.5.5. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an order acceptance, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing.
A.6. How to Pay:
A.6.1. We accept payment with the payment methods listed on our site. You must pay for the Products and any applicable extra charges in advance of delivery of the Products.
A.6.2. By submitting an order to us through our site, you are confirming that the payment details provided on your order are valid and correct.
A.6.3. In case final payment is not processed correctly we hold the right to delay and potentially cancel your order.
A.7.1. We offer a delivery service in accordance with the timescales shown against each Product on our site. Please note that delivery timescales are estimates. You can find out more about our Product delivery by reading the information on the Dispatch and Delivery page of our site.
A.7.2. Please note that we only deliver to addresses in the United Kingdom, Ireland, France, Belgium, Luxembourg, Netherlands, Spain, Portugal, Italy, Austria, Germany, Switzerland, Norway, Sweden, Finland, Denmark, Poland, Czech Republic, Slovakia, Hungary, Croatia, Slovenia, Romania, Bulgaria, Greece. For other destinations we are happy to provide a separate cost quote. For this, please contact us directly at email@example.com or use the contact form on our website. To note, we also reserve the right to decline orders or charge extra costs in case of extremely remote or not easily accessible regions.
A.7.3. Your estimated dispatch date will be as set out in a dispatch confirmation sent by email. This dispatch date indicates when we expect to send the Products to our delivery partner. Please refer to the Dispatch and Delivery Page of our site to find out more about our dispatch and delivery process and how long after dispatch you should expect the Products to be delivered. Although we will make every reasonable effort to ensure your Products are dispatched and delivered within the estimated timescales, unfortunately we cannot guarantee that they will not be affected by unforeseen issues affecting the manufacturer of the Product or our delivery partners. If we are unable to meet the estimated dispatch or delivery date, we will contact you with a revised estimated date.
A.7.4. Your delivery will be completed when we deliver the Products to the address you gave us. If no one is available at your address to take delivery, we will inform you about how to rearrange delivery. If you have not accepted delivery after three attempts by us, we may treat the contract as having been cancelled by you in accordance with the terms of clause A.9 below.
A.7.5. You can review the status of your order at any time by logging into the My Orders section of your account on our site, or by clicking on the order tracking link we provide as part of our dispatch confirmation email. If you have trouble finding out the status of your order or tracking its progress, please contact Customer Services using the contact form on our website.
A.8. Risk & Ownership:
A.8.1. Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the Products, including any extra charges where applicable.
A.8.2. The Products will be your responsibility from the time that you (or a third party other than the carrier and indicated by you) take physical possession of the Products.
A.9. Cancellation, returns and refund policy:
A.9.1. We hope you will be pleased with everything you have bought from us but if you are unhappy with your Products, you can return them to us either in accordance with the terms set out below or as otherwise in accordance with your legal rights.
A.9.2. You have a legal right to change your mind and cancel the contract between you and us within 14 days of delivery of your Products without giving a reason.
A.9.3. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Products. Where you order multiple Products in one order or a Product is delivered in separate parts, lots or pieces, the cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last Product, part, lot or piece that makes up your order.
A.9.4. To exercise the right to cancel, you must inform us of your decision to cancel your contract with us by making a clear statement (e.g. a letter sent by post or email or a telephone call). The easiest way to do this is to contact our Customer Services team using the contact form on our website or mail directly at firstname.lastname@example.org
A.9.5. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of your right to cancel before the cancellation period has expired.
A.9.6. If you cancel your contract with us, we will reimburse you all payments received from you (except that we reserve the right not to reimburse you for any deductions permitted under clause A.9.10 and A.9.13).
A.9.7. We will make the reimbursement without undue delay, and not later than: (a) 14 days after the day we receive back from you any Products supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the Products, or (c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
A.9.8. We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
A.9.9. We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.
A.9.10. We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the Products resulting from the unfair and/or unreasonable wear and tear of the Product other than what is necessary to establish the nature, characteristics and functioning of the Products. We may make a deduction from any reimbursement (you are entitled to from us) for such loss in value of any Products we supply.
A.9.11. If you are returning the Products to us because they are faulty or mis-described, we will refund: the price of the Product in full; any applicable delivery charges; and any reasonable costs you incur in returning the item to us (other than any costs incurred by you in returning the Products to us in person). As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or any of the other general Terms of Sale set out in section A.
A.9.13 If you change your mind and exercise your right to cancel under clause 9.2 above after delivery, then the Products must be returned to us. We will contact you to either arrange to collect the Products from your address or for you to send the products yourself. In case of the former, you will be responsible for the cost of collection wich can vary between £5.95 and £49.95 depending on the item for return within Europe (for other destinations this amount may be higher). For more information regarding returns and refunds, please refer to our Dispatch and Delivery Page page.
A.9.14. If you exercise your right to return the Products under clause A.9.11, because the Products are faulty, were not delivered as described or you otherwise have a legal right to return the Products as a result of something we have done wrong after dispatch of the Products, the Products must be returned to us. Depending on the item, this may be done either by you arranging for the Products to be returned to us or by us arranging to collect the Products from your address, as described in clause A.9.13. However, in this case, the return or collection will bear no cost to you.
A.9.15. Please contact Customer Services using the contact form on our website to arrange a return or collection of the Products.
A.9.16. You must take care when opening the packaging that the Products were delivered in as not to damage the Products, and carefully re-pack the Products in the original (or similar) packaging prior to returning the Products to us. In case the products are damaged by unnecessary handling, we hold the right to make a deduction from the reimbursement (as outlined in A.9.10.).
B) Sales promotions
B.1. General terms of sales promotions:
B.1.1. From time to time, we may run sales promotions or offer other incentives (“Promotions”) to purchase particular Products from us.
B.1.2 The length of time any Promotion runs for, the conditions for qualifying for such Promotion and the Products which will be subject to such Promotion will be set out in this section of these Terms of Sale.
B.1.3 If you place an order for Products in relation to any Promotion, the Promotion-specific terms and conditions set out in that specific section and the general terms set out in section A will apply. To the extent of any inconsistency, the Promotion-specific terms set out shall prevail.
C) Special Actions
C.1. General terms of Special Actions:
C.1.1. From time to time, we may run prize draws, competitions or other prize promotions (“Special Actions”) on our site.
C.1.2. The length of time the Special Action runs for, the conditions for entry to the Special Action and the prizes for winning or taking part in the Special Action (if any) will be subject to our discretion and will be available for time to time on the relevant Special Actions page.
C1.3.We will make the rules of any Special Action we run available to you before you participate in the Competition.
Liabilities, Rights & Jurisdiction
D) Liabilities, Rights & Jurisdiction
D.1. Our liabilities to you:
D.1.1. We are under a legal duty to supply Products that are in conformity with our contract with you.
D.1.2. Our Products are designed for residential use and we do not make any guarantees or warranties about their performance in a commercial environment. We will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
D.1.3. If we fail to comply with a contract between you and us, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Sale or our negligence, but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach or if the loss or damage was contemplated by you and us at the time we entered into the contract.
D.1.4. The maximum loss or damage we will be responsible for under clause D.1.3. is limited to the price you have paid us for the Product to which the loss or damage you suffer relates.
D.1.5. We do not in any way exclude or limit our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation.
D.2. Events outside of our Control:
D.2.1. 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 including acts of god, fire, flood, severe weather, explosions, war (whether declared or not), acts of terrorism or acts of local or central Government or of any other competent authorities provided that: (a) we will take reasonable steps to prevent or minimise the failure or delay; (b) in the event of failure to perform, we will refund you all amounts paid under the affected contract; and (c) in the event of substantial delay, you may cancel your order by notifying us and we will refund you all amounts paid under the affected contract.
D.3.1. If you have a dispute with us relating to our contract with you, in the first instance please contact us via de contact form on our website or directly at email@example.com , and we will attempt to resolve the dispute informally.
D.3.2. In the unlikely event that we are not able to resolve the dispute informally, please note that the EU operates an online dispute resolution platform for EU consumers to submit disputes arising from online purchases, which can be accessed at http://ec.europa.eu/odr . You will also always have the option of resolving the dispute using court action.
D.4. Modification of Terms of Sale:
D.4.1. We may modify or update these Terms of Sale from time to time for reasons including: (a) changes in how our business operates; (b) changes in the legal or regulatory requirements that we must comply with; or (c) changes in how we accept payment from you. However, any order of Products by you will be governed by the terms and conditions available on our site at the time you place the order.
D.5. Rights of third parties:
D.5.1. Any Contract made between you and us is only made between you and us. No third party will have any rights to enforce any of its terms.
D.6. Transfer of our rights:
D.6.1. We may transfer our rights and obligations under our contract with you to another organisation, and we will do our best to notify you in writing if this happens, but this will not affect your rights or our obligations under the contract. We will use reasonable endeavours to tell you in writing in this happens.
D.7. Law & Jurisdiction:
D.7.1. These Terms of Sale are governed by Spanish law. This means that a contract for the purchase of Products made through our site and any dispute or claim arising out of or in connection with it will be governed by Spanish law.
D.7.2. You can bring legal proceedings in respect of this contract in the Spanish courts.
D.8.1. If you breach these general terms and conditions or the returns policy and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach the general terms and conditions or returns policy.
E.1.1. If you set up an account on our site, you must treat your login details as confidential. You must not disclose them to any third party.
E.1.3. If you know or suspect that anyone other than you knows your login details, you must promptly notify us at firstname.lastname@example.org
E.2. Acceptable usage & Access:
E.2.3. The responses described above are not limited and we may take any other action we reasonably deem appropriate.
E.2.4. Access to our site is permitted on a temporary basis and we may limit or terminate access to our site at any time without any notice. We will not be liable if our site is unavailable at any time or for any period.
E.2.5. We have taken care in the preparation of the content of our site. However, we will not be responsible for any errors or omissions or for any technical problems you may experience with our site. If we are informed of any inaccuracies in the content on our site we will attempt to correct this as soon as we reasonably can.
E.2.6. Whilst we make reasonable efforts to ensure that any information presented on our site is correct, the information on our site is presented without any guarantees, conditions or warranties or any kind and the site is made available to you on an “AS IS” basis. We are not responsible for anything that occurs from your reliance on the content of our site.
E.2.7. In any event, we will never take any responsibility for User Content and you use and rely on any User Content entirely at your own risk.
E.2.8. We exclude all warranties and conditions implied by statute, common law or the law of equity, to the extent permitted by applicable law.
E.2.9. Because our site is provided free of charge, we will not, in any way, be liable for any loss or damage (whether direct or indirect) in tort (including negligence), breach of contract, breach of statutory or otherwise (even if foreseeable) in connection with any use you make of our site or the information presented on it.
E.3. Take down policy:
E.3.1. If you believe that content available through the site:
(a) infringes your rights or any rights of a third party you represent; or
(b) otherwise breaches the Rules of Acceptable Use,
please tell us immediately by using the contact form on our website.
E.3.2. When reporting content please provide the information described below in your notice to us: (a) your name and contact details; and (b) a statement explaining whether you believe that the content you are contacting us about: (i) infringes your rights; (ii) the rights of a third party who you represent; or (iii) you otherwise believe the content breaches the Rules of Acceptable Use.
E.3.3. We will take the action that we believe is appropriate depending on the nature of the content you report. This may include taking no action where we believe the reported content does not infringe any rights or the Rules of Acceptable Use. We are not obliged to discuss or inform you about our chosen course of action following a report from you.
E.4. Intellectual property:
E.4.1. 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. We grant you permission to access our site for your personal use only. Any other use of our site or our site’s content is prohibited. This prohibition includes, but is not limited to:
(a) making commercial use of our site’s content;
(b) reproduction of the urbandesignfox.co.uk name, logo, trade marks or any other content available on our site; and
(c) downloading or copying any of our site content for yourself or for a third-party.
E.5.1. Links to third party websites from our site are provided solely for your convenience. If you use these links you leave our site. We do not control, and are not responsible for, these websites, their content or their availability. We, in no way endorse, or make representations about them, or any material found on them. Accessing third party websites from our site is done entirely at your own risk.
E.5.2. You may link to our home page (urbandesignfox.co.uk or country specific equivalent), provided you do so in a way that is fair, legal and does not damage our reputation or take advantage of it. 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 agree to remove any link to our site on a website owned or controlled by you on receipt of a request from us.
Contact & Data
F.1.1. 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.
F.1.2. If you have any queries about these Terms of Sale, please send us an email at email@example.com or contact us via the contact form on our website.
G) Your Information