Terms and Conditions: Consumer

Definitions

Conditions – means these terms and conditions
Website – means the website at www.uhooair.co.uk unless otherwise stated
Product – means a product displayed for sale on the Website
Product Description – means that part of the Website where descriptions of the individual Product are provided
Users – means the users of the Website collectively.
Personal Information – means the details provided by you on registration
We/us – means AirProfiling Ltd. trading as uHooAir UK
Cookies – means small text files which our Website places on your computer’s hard drive to store information about your shopping session and to identify your computer
United Kingdom – means England, Wales, Scotland, Northern Ireland and the Channel Islands
You – means a user of this Website.

Use of this website

Access

You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.

Registration

You warrant that:

  • The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
  • You will notify us immediately of any changes to the Personal Information by e-mail, or calling us on 01636 555 007 between 9am-5pm Monday to Friday
  • You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

Our rights

We reserve the right to:
modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website;

and/or

change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

Third party links

To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for:

  • the privacy practices of such websites
  • the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or
  • the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

Description of products

Each Product purchased is sold subject to its Product Description which sets out details of that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.

We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.

Ordering, cancelling and returning products

Orders

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party obtains unauthorised access to any data you provide when accessing or ordering from the Website.

Contract creation and electronic contracting

Orders from consumers can only be placed and paid for on the Website. We do not accept orders and payments by telephone.

The technical steps required to create the contract between you and us are as follows:

  • You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website
  • You’ll need JavaScript enabled on your computer to buy products and check out. Please enable JavaScript in your browser and then refresh your browser to continue.
  • We will send you an order confirmation email detailing the products you have ordered. This is not an order acceptance.
  • When your product is shipped from our warehouse we will send you a despatch confirmation email
  • Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in Change or Cancel an Order, below.
  • Your credit/debit card will be charged when we accept your order
  • If the item is out of stock at the time of your order your credit/debit card will be charged when we despatch it to you

Non-acceptance of an order may be a result of one of the following:

  • The product you ordered being unavailable from stock
  • Our inability to obtain authorisation for your payment
  • The identification of a pricing or product description error
  • You not meeting the eligibility to order criteria set out in the main Terms & Conditions

The contract will be concluded in English.

Consumer Contracts Regulations 2013

This legislation offers you the following cancellation rights when you buy online or by phone:

  • You are entitled to cancel your contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the goods or services.
  • Your right to return or cancel products does not apply to goods that are made or modified to your specification or that have been clearly personalised. This doesn’t affect your statutory rights if goods are faulty or not as described.
  • If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them.
  • To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address.
  • You can cancel by email: customerservices@uhooair.co.uk or call 01636 555 007.
  • If you decide to cancel, you should return the goods to us at your cost within 14 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation rights apply. This includes the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery).
  • We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement no later than 14 days after the day we receive back from you any goods supplied..

Guarantees for electronics products

We always honour the manufacturer’s guarantee period where offered; these are one year unless otherwise stated.

What does the guarantee cover?

Our guarantees provide full cover against breakdown through normal use. This means that if your item develops a fault during the guarantee period, we’ll arrange for it to be repaired or replaced free of charge, including all parts and labour. Your guarantee is NOT transferable with ownership, so if you give or sell the item to someone during the guarantee period, the guarantee is nullified..

How does it work?

During the guarantee period, if your product appears to develop a fault, please contact us on 01636 555 007 and we will endeavour to resolve the problem verbally. If that doesn’t resolve the issue, you’ll need to provide us with details of your item, including the item’s serial number and MAC address (if applicable) and date of purchase. You’ll find all of this information on our original receipt – this acts as your guarantee, so please make sure you keep it safe.

If we can’t repair your item, we’ll replace it with an item of equivalent specification. If no equivalent product is available we’ll discuss an alternative settlement with you, and we’ll always do our best to make sure that you’re satisfied with the outcome.

What’s not included?

There are some specific exclusions from our guarantees, as follows:

  • Repair costs caused by external factors such as electronic viruses, faulty software, fire, theft, and weather (including lightning damage).
  • Accidental damage, for example if your item has been dropped or soaked in liquid. You may find that this type of damage is covered by your household contents insurance policy
  • If the product purchased by you for personal use has been used commercially or for business purposes.
  • Data loss
  • Superficial damage such as scratches, dents, corrosion where the function of the product is unaffected
  • Any loss suffered as a result of not being able to use the product, or any loss over and above the purchase price of the original item
  • Servicing, inspecting or cleaning of the product; and failure to follow the manufacturer’s instructions and/or installation guidelines
  • Deliberate damage or neglect of the product
  • Please note that our guarantees provide services for goods bought and used in the UK, the Isle of Man and the Channel Islands

General terms

Intellectual property and right to use

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Compliance with laws

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

Limitation of liability

While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:

  • any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
  • any loss of goodwill or reputation; or
  • any special or indirect losses

suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our agents or employees.

Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire agreement

These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what AirProfiling Ltd and you are expected to do.

You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

Law

The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

Contact

For any queries regarding our service, please contact us via email at customerservices@uhooair.co.uk or phone 01636 555 007