AUSTRALIA

The use of this site is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. If you do not agree to any terms and conditions of this agreement, you should not use this Website. Upon your submittal of any purchase order to www.uppercutdeluxe.com you will be asked to confirm your acceptance of all the terms and conditions set out below via a check box . These terms and conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by Uppercut Deluxe Australia Pty Ltd.

By registering an account on www.uppercutdeluxe.com you grant us the right to add your contact details to our database. You can easily be removed by contacting us.

Uppercut Deluxe Australia Pty Ltd is taking full responsibility for all the transactions from the website, and handling the dispute management, refunds, cancellations, returns & customer support.

Uppercut Deluxe Australia Pty Ltd reserves the right to make changes to this site and these terms and conditions at any time. We will endeavor to alert you to any significant changes to this Agreement next time you log into your account or the next time you use the website and or mobile application, but we are under no obligation to do so. You should regularly check our agreements, terms and conditions, Policies and prices for changes and the most up to date versions.

1. Registration and personal information

When browsing our web pages we will use “cookies” and session data to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.

When making a purchase via our website, we will require personal information such as your name, address, contact numbers and e-mail address and in providing such information you will be presented with 2 options.

a) To use the Guest account – Doesn’t retain customer details and your details will only be used for this transactional purchase and related correspondence. You will not be able to update your delivery address or obtain details about the fulfilment of your order.

b) Set up an Account and become a member – Allows customer’s easy access when visiting the site in future by saving Personal information for ease of use during future visits to that website. Your details will be held securely on dedicated servers. You can also update your details at any time and easily review the status of your order. Your details will also be used to contact you about offers and new products, if you wish to be removed from such correspondence you can unsubscribing via a link and we will remove you from marketing communications.

We will also require you to use the tick box in consent and warrant that:

i) you are at least 18 years of age or have parent/guardian approval to use or purchase from this site?

ii) you possess the legal right and ability to enter into a legally binding agreement with us.

iii) you will use this Website in accordance and agreement of the terms and condition and policies set out on this website.

Basic personal information is sent to our payment gateways upon using www.uppercutdeluxe.com for the purchasing of goods.

Please refer to our Privacy Policy for the use and safety of your personal information.

2. Customer Ratings and Reviews Terms of Use

These Terms of Use govern your conduct associated with the Customer Ratings and Review service offered by Uppercut Deluxe (the “CRR Service”). To the extent of any conflict between Uppercut Deluxe’s Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the CRR Service.

By submitting any content to Uppercut Deluxe, you represent and warrant that:

a) You are the sole author and owner of the intellectual property rights thereto;

b) All “moral rights” that you may have in such content have been voluntarily waived by you;

c) All content that you post is accurate;

d) You are at least 18 years old;

f) Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:

a) That is known by you to be false, inaccurate or misleading;

b) That infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

c) That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

d) That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;

e) For which you were compensated or granted any consideration by any third party;

f) That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;

g) That contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold Uppercut Deluxe Australia Pty Ltd (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant Uppercut Deluxe Australia Pty Ltd a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at Uppercut Deluxe Australia Pty Ltd’s sole discretion.Uppercut Deluxe Australia Pty Ltd reserves the right to change, condense or delete any content on Uppercut Deluxe’s website thatUppercut Deluxe Australia Pty Ltd deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use.Uppercut Deluxe Australia Pty Ltd does not guarantee that you will have any recourse through Uppercut Deluxe Australia Pty Ltd to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Uppercut Deluxe Australia Pty Ltd reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Uppercut Deluxe Australia Pty Ltd, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Uppercut Deluxe Australia Pty Ltd, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

By submitting your email address in connection with your rating and review, you agree that Uppercut Deluxe Australia Pty Ltd and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.

Please refer to our Privacy Policy for the use and safety of your personal information.

3. Order acceptance / Decline / Processing Policy

a) Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.

b) We reserve the right at any time after receipt of your order to accept or decline your order for any reason.

c) We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.

d) Products in your cart are not reserved even when the checkout process is complete and your payment is received in full.

e) Orders may be cancelled for reasons including but not limited to, product being out of stock, error during the order process, pricing, product description, product image or errors on the webpage.

f) We may also require additional verifications or information before accepting any order.

g) Payments of cancelled orders will be refunded back at the same amount and by the same method that payment was received, please refer to our refund policy for further details. We will not be liable to you for any other loss, including but not limited to, additional costs associated with you purchasing the product elsewhere at a higher price, delivery or other charges you may incur.

h) Uppercut Deluxe Australia Pty Ltd is selling to end user customers and does not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products offered byUppercut Deluxe Australia Pty Ltd.

i) All orders placed must obtain pre-approval with an acceptable method of payment confirmed or clear from fraud by our credit department.

j) Once your details and payment has been confirm the products will be dispatched within 48 hours working days or for Customized orders between 7 and 10 days.

k) We would advise that you review all purchase(s) carefully before completing the checkout process as once an order is confirmed, you will be unable to cancel or change it. Amendments after the order has been shipped will need to go through the normal returns process, please refer to our returns policy for further details. Please note that change of mind, don’t like or no longer want the product returns are not permitted under these terms and conditions. As a general rule, we will not change or replace your order where you have made an error. Should this be agreed, it will be at our absolute discretion.

l) Uppercut Deluxe Australia Pty Ltd will decline any orders for delivery outside of Australia. We will only ship to customers within Australia as other countries have their own designated Websites, pricing and terms and conditions as governed by the laws applicable to that country.

4. Delivery

a) The delivery times provided by www.uppercutdeluxe.com/au are estimates only and factors (some of which are beyond our control) can affect timeframes.

b) Uppercut Deluxe Australia Pty Ltd will not be held accountable for late deliveries or loss or damage relating to late deliveries.

c) In the event that multiple items are ordered, part deliveries may be made where stock is not available.

d) Please ensure you enter the correct delivery address. Uppercut Deluxe Australia Pty Ltd cannot be held responsible for incorrectly entered delivery addresses.

e) We reserve the right to use a designated transport company of Uppercut Deluxe Australia Pty Ltd choice unless selected and paid for when placing the order. Your Personal details will be forwarded to these Third Party companies so we advise you read our Privacy Policy before completing your order.

f) All reasonable attempts to notify you of any changes will be made using the details you provide during the order process.

5. Acceptance of Goods

The buyer will be required to sign for delivery of the product and in doing so accepts that the items received are correct and in new condition. It is the buyers responsibility for inspecting the goods for fault at the point of delivery and notifying us within 7 days of receiving the goods should there be a fault with the product and will need to go through the normal returns process please refer to our returns policy for further details.

6. Change of Address

Uppercut Deluxe Australia Pty Ltd cannot be held responsible for an incorrect address being entered on your order. Address Confirmation is given on the review & buy page in the checkout section of the site. If this is not noticed until after your order is finalised, please contact Customer Service immediately. We will attempt to update any incorrect order details, however due to the fast turnaround of our warehouse, some orders cannot be adjusted. In the case that your order is processed and cannot be updated you will need to go through the normal returns process, please refer to our returns policy for more information.

7. International Customs Charges

While www.uppercutdeluxe.com/au does not ship internationally we may occasionally be required to direct traffic through our website. Therefore some orders may incur a customs or import duty charge. Uppercut Deluxe Australia Pty Ltd do not have any control over these charges or are unable to advise what they will be, as it is based on your own countries regulations & compliances. For further information, please contact your local customs office.

a) All charges are to be paid by the customer on delivery of order.

b) Orders cannot be returned to sender

c) Uppercut Deluxe Australia Pty Ltd will never pay these customs charges on your behalf.

d) If you refuse to pay these charges your parcel may be abandoned

e) Uppercut Deluxe Australia Pty Ltd will not be held responsible for any loss of funds as a result of this occurrence.

f) A tax invoice will also be sent with your products for Customs to identify the products and charges.

g) We cannot mark International orders as a gift in order to bypass or reduce any customs fees. This is an illegal practice and as an established business we will not do this.

8. Pricing and Payment

Prices are subject to change without notice. The pricing of our products may change from time to time and we advise you to check for the most recent and up to prices that will be showing on our website at that time.

a) All prices of products, delivery and other charges are in Australian Dollars and will include GST where Applicable.

b) All payments will be made to the Australian dollars price and payments made from an overseas institution may vary due to that dates exchange rate. Uppercut Deluxe Australia Pty Ltd will not be held responsible for any loss or charges as a result of this occurrence.

c) All payments must be received in full prior to dispatch

d) Payment options and details of accepted credit cards are advised on each product page, at the cart, at the point of making payment, check out and when verifying your order and accepting the terms and conditions of the purchase.

e) There may be duties and taxes added to your package by the destination country should we be required to ship Internationally that you will be responsible for, upon delivery and are not included in your order total.

f) If payment is declined or we do not receive your payment, the order will be declined. We cannot hold the products requested and may be ordered by another. We therefore cannot guarantee that the product will be available should you try to order it again.

9. Gift Vouchers

Gift Vouchers can be purchased in values of Australian Dollars, $30, $50, $100, $150 and $200 by simply adding this item to your cart and making payment in the same way as ordering any other item.

a) Once a Gift Voucher has been purchased, an E-Mail will be sent to the e-mail address nominated to receive that Gift Voucher.

b) When purchasing Items against the redemption of a Gift Voucher, add the items you are wishing to purchase to your cart then at checkout you will be able to enter the unique Gift Voucher code to receive that amount off your purchase. To enter more than 1 Gift Voucher you will be able to add further Gift Voucher codes.

c) Gift Vouchers can only be redeemed in full once.

d) Any amounts still owing after the Gift Voucher has been redeemed, will remain eligible for payment until the expiry of the card as per (g).

e) Items purchased for less than the amount on the Gift Voucher. The remaining balance on the Gift Voucher will remain for future purchases up to the date the Gift Voucher Expires.

f) Orders will not be shipped until all amounts have been paid.

g) Gift Vouchers will expiry have an expiry date, 6 months from purchase date.

h) Gift Vouchers are for the Value purchased only and further funds cannot be added to a Gift Voucher.

i) Gift Vouchers are only valid for use on http://www.uppercutdeluxe.com/au/ and cannot be redeemed for Cash or used in stores.

j) Cancelling a Gift Voucher. Customers must contact our customer care team within 7 days from the date of purchase to cancel their order and a refund will be processed. Cancellations outside of this timeframe are not permitted and should this be agreed, will be at our absolute discretion.

k) Further Terms and Conditions may be listed on the Gift Voucher itself so we recommend you check these details carefully as purchasing the Gift Voucher you are agreeing to all these terms and conditions.

10. Promotions, Discounts and Voucher redemption

Uppercut Deluxe Australia Pty Ltd may from time to time run promotions, events, competitions, offer discounts or Free Items with certain purchases. These will be offered at our absolute discretion and we cannot be held responsible if notifications of such offers are not distributed. We may however use marketing means to promote such offers through our Media Channels and your personal details may be used as mentioned in Clause 1 to notify you of such offers. We recommend you read our privacy policy for further information on the use of your personal information.

11. Warranties

All non-perishable Uppercut Deluxe products are guaranteed against defects in materials and workmanship for a period of 120 days from the date of purchase. This means that Uppercut Deluxe Australia Pty Ltd will repair or replace, at our discretion, any Uppercut Deluxe product that is defective. Where items display an expiry date Uppercut Deluxe Australia Pty Ltd will only warrant unopened product up to the indicated expiry date. These are the only conditions covered by Uppercut Deluxe Australia Pty Ltd’s warranty.

a) No other warranty is expresses or implied.

b) The warranty does not cover breakage due to wear and tear, improper use or intentional breakage.

c) The warranty does not cover normal wear nor abuse. This includes dropping of product and or exposure to heat, sun, cold or other elements outside the specification provided on the product labels.

d) Neither the seller nor the manufacturer shall be liable for any injury, death, loss or damage, direct or consequential arising out of the use or inability to use this product. Before use, the user must determine the relevant product for their needs before use and assume all risk and liability whatsoever in connection therewith.

e) You must make a claim relating to defective products within 7 days from the date that the Customer receives the Product.

f) Claims must be made in writing with details of the original purchase date, order number, name, address contact details etc. and accompanied by photo evidence of which the claim is being made to our Customer Care team on the contact details below and they will provide instructions and a resolution if possible to your claim within 48 hours working days.

g) You will bear any costs associated with claiming the warranty including postage and transit insurance costs.

h) Nothing in this deed is intended to limit any rights of the Customer under the Competition and Consumer Act 2010 (Cth)

i) If the Competition and Consumer Act 2010 (Cth) or any other legislation provides that there is a guarantee in relation to any good or service supplied by Uppercut Deluxe Australia Pty Ltd in connection with this deed and Uppercut Deluxe Australia Pty Ltd liability for failing to comply with that guarantee cannot be excluded but may be limited, the content of the ‘Exclusion’ section will not apply to that liability and instead of our liability for such failures that are limited to, in the case of a supply of goods, replacing the goods, supplying equivalent goods, repairing the goods, or in the case of a supply of services,Uppercut Deluxe Australia Pty Ltd supplying the services again or paying the cost of having the services supplied again.

j) Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

Please refer to our Warranty Policy for full details.

12. Changes to the Website

We aim to provide our users with the best experience possible when visiting our website.

a) In doing so we may, without notice, change functionalities, including but not limit to, layout, service provider, products, transport companies, pricing etc. at any time.

b) We cannot guarantee that you will be able to access the same functionalities that you may have been able to access on previous visits to our Website should these changes be made.

c) In accepting these Terms and conditions, you are also consenting that should changes require the transfer of all data collected via the website including any personal information between service provider(s), that Uppercut Deluxe Australia Pty Ltd is free to do so without notice.

13. Liability

a) Uppercut Deluxe Australia Pty Ltd is not liable for any losses or damages caused by this website or any website linked to or from this website.

b) The Website may be unavailable from time to time and we cannot guarantee its use without faults, disruptions, or interruptions to the site.

c) Nothing in this deed is intended to limit any rights of the Customer under the Competition and Consumer Act 2010 (Cth)

d) If the Competition and Consumer Act 2010 (Cth) or any other legislation provides that there is a guarantee in relation to any good or service supplied by Uppercut Deluxe Australia Pty Ltd in connection with this deed and Uppercut Deluxe Australia Pty Ltd liability for failing to comply with that guarantee cannot be excluded but may be limited, the content of the ‘Exclusion’ section will not apply to that liability and instead of our liability for such failures that are limited to (at Uppercut Deluxe Australia Pty Ltd election), in the case of a supply of goods, replacing the goods, supplying equivalent goods, repairing the goods, or in the case of a supply of services, Uppercut Deluxe Australia Pty Ltd supplying the services again or paying the cost of having the services supplied again.

e) Any claim by the Customer against Uppercut Deluxe Australia Pty Ltd for loss or damage however caused (including by the negligence of Uppercut Deluxe Australia Pty Ltd), suffered by the Customer in connection with:

i) a shortfall in the number of Products delivered in an order must be made within 7 days of the date that order is delivered to the Customer and any such claim not made within 7 days is absolutely barred; and

ii) a defective Product must be made within 7 days of the date that the Customer receives the Product and any such claim not made within 7 days of that date is absolutely barred.

f) Uppercut Deluxe Australia Pty Ltd is not liable for:

i) any errors, mistakes or inaccuracies due to photographic or screen limitations associated with the images and representation of that item that may differ from the website to the actual product, including but not limited to color or size.

ii) Personal injury or property damage as a result of your use of our website

iii) Any unauthorised access to your account or personal and financial information should someone other than yourself as the account holder gain access to our site or secure servers with your login and password details.

iv) any virus’s or harmful code that may cause damage to any property that may be transmitted from any Third Party Websites that have been accessed as links from our Website.

v) We have no control over third party Websites, and assume no responsibility or Liability for the content, policies, practices or transactions you and any third party may be involved in, including access to their website from links or banners attached on www.uppercutdeluxe.com.

g) In accepting these terms and condition, you agree to accept sole responsibility for the legality of your actions during your use and purchases made via www.uppercutdeluxe.com under the laws which apply and that Uppercut Deluxe Australia Pty Ltd have no responsibility for the legality of your actions.

14. Copyright and Trademark Notice

This site is owned and operated by Uppercut Deluxe Australia Pty Ltd.

a) Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Uppercut Deluxe Australia Pty Ltd.

b) All software used on the site is the sole property of Uppercut Deluxe Australia Pty Ltd. or those supplying the software.

c) You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose.

d) No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Uppercut Deluxe Australia Pty Ltd’s prior written permission. All rights not expressly granted herein are reserved.

e) Any unauthorised use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

15. Retention of Title

All Products provided by Uppercut Deluxe Australia Pty Ltd to the Customer under this deed remain the property of Uppercut Deluxe Australia Pty Ltd ACN. 613 335 505 until you have paid all money due to Uppercut Deluxe Australia Pty Ltd in full. Should Payments not be received, declined, withdrawn or be investigated for fraud, the products remain the property of Uppercut Deluxe Australia Pty Ltd and we may take whatever means are deemed necessary to recover such products.

a) Security interest – You acknowledges that this deed creates a security interest under the PPSA in the Products and any other products to be supplied in the future and consents to Uppercut Deluxe Australia Pty Ltd affecting a registration on the PPSA register in relation to any security interest contemplated by this deed. You agree to pay all costs, expenses and other charges incurred, expended or payable by Uppercut Deluxe Australia Pty Ltd in relation to the filing of a financing statement or financing change statement in connection with this deed.

b) You must not charge the Products in any way or grant or otherwise give any interest in the Products while they remain the property of Uppercut Deluxe Australia Pty Ltd, nor allow any third party to acquire a security interest in the Products.

c) If you fails to comply with any obligation under this deed, then without limiting the remedies available to Uppercut Deluxe Australia Pty Ltd:

i) upon request by Uppercut Deluxe Australia Pty Ltd, you must return all Products including all accessories and documentation in the original packaging for the products to which payment has not been received

ii) you authorise Uppercut Deluxe Australia Pty Ltd and any person authorised by Uppercut Deluxe Australia Pty Ltd to enter premises where the Products may be located to take possession of the Products; and

iii) Uppercut Deluxe Australia Pty Ltd may retain, sell or otherwise dispose of the Products

d) You agree to the extent permitted under the PPSA, that you have no right:

i) to receive notice of removal of an accession under the PPSA;

ii) under Chapter 4 of the PPSA; or

iii) under the PPSA to receive a copy of any verification statement or financing change statement under the PPSA.

e) The Customer must unconditionally ratify any actions taken by Uppercut Deluxe Australia Pty Ltd

Ownership of the product only passes to the customer when Uppercut Deluxe Australia Pty Ltd has received and have cleared funds for the purchase of their products. Risk of the Product, such as loss or damage passes to the customer from the point of delivery and for the duration the product is in the customer’s possession.

16. Privacy and Confidentiality

The security of the information provided you on www.uppercutdeluxe.com is important to us and we will take reasonable technical and organisational precautions to prevent the loss, misuse or interference, and from unauthorised access, modification or disclosure of your personal information. For Further details please refer to our Privacy Policy.

17. General

a) The laws of Queensland, Australia govern this deed.

b) Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland, Australia and courts competent to hear appeals from those courts.

c) If any part of this deed is deemed null and void, unlawful or we are unable to enforce then only that part of these terms and conditions will be excluded and all other terms will remain and be enforced.

d) You novate any rights and obligations under this deed without the prior written and signed consent by Uppercut Deluxe Australia Pty Ltd.

18. Indemnity

The Customer is liable for, and indemnifies Uppercut Deluxe Australia Pty Ltd from and against, all loss or damage (including without limitation legal costs) incurred, suffered or caused in connection with:

a) any use of the Products other than in accordance with the direction set out by Uppercut Deluxe Australia Pty Ltd;

b) any breach of this deed by the Customer;

c) personal injury or death of any person

d) damage to property

19. Links

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Uppercut Deluxe Australia Pty Ltd is not responsible and has no control over, and assumes no responsibility for the content, privacy policies, terms or practices of any third party sites or services. We strongly advise you review the policy for each site you are visiting.

20. Contact

E-Mail: Email us here

Post: PO Box 5331, Daisy Hill, QLD, 4127

Telephone: Customer Service on 1300 362 025

Written by: Uppercut Deluxe Australia Pty Ltd. ACN 613 33 505

UNITED STATES

Uppercut Deluxe Co Inc., together with its subsidiaries, successors, and affiliates (“Company” or “we”), provides you with use of this site subject to the policies, terms and conditions set forth below (the “Terms”). Please read them carefully.  By accessing, browsing, and using this web site (“Site”), you agree to be bound by the Terms.  If you do not agree (or cannot comply) with these Terms, do not use this Site.

Uppercut Deluxe Co Inc. is taking full responsibility for all the transactions from the website, and handling the dispute management, refunds, cancellations, returns & customer support.

Modification of Terms

These Terms shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by the Company. The Company reserves the right to modify these Terms at any time. If the Terms are modified, the Company will post the revised Terms on the Site with a notation of the date they were last updated.  Revised versions of the Terms are effective upon the date of posting. Your continued use of the Site following posting of a revised version of the Terms constitutes your acceptance of the revised Terms.

Use of This Site

This website is designed for and intended for use by adults. By using this Site, you certify you are 18 years of age or older, or are using this Site with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this site by children, minors and others under your care. You agree to be responsible for their use of this Site, including full responsibility for all financial charges and legal liability he or she may incur.

Submissions

By ordering or registering on www.uppercutdeluxe.com you grant us the right to add your contact details to our database. From time-to-time we may contact you about offers and new products. You can easily be removed by unsubscribing via a link and we will remove you from marketing communications.

Truthful and Accurate Information and Agreement to Pay

By using this Site, you agree to provide only truthful and accurate billing and registration information. Providing any untruthful or inaccurate information constitutes a breach of these Terms. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.

Use of Gift Vouchers

Gift Vouchers can be purchased to the value of the local currency used by theUppercut Deluxe Co Inc. website, that you made the purchase though. Simply adding this item to your cart and making payment in the same way as ordering any other item.

  1. Once a Gift Voucher(s) has been purchased, the voucher code will be sent to the nominated email address.
  2. To redeem a Gift Vouchers(s), add the items you wish to purchase to the cart. At checkout you will have the opportunity to enter the Gift Voucher code and the balance of the Gift Voucher will be deducted accordingly.
  3. You may redeem multiple Gift Vouchers in one transaction, simply enter the Gift Voucher Code and click add. Then enter the second Gift Voucher Code and click add.
  4. Once redeemed in full, Gift Vouchers are no longer valid.
  5. When purchasing items that exceed the value of the Gift Voucher, any amounts still owing after the gift voucher(s) has been redeemed will be due for payment using the available payment options.
  6. When purchasing items less than the value of the Gift Voucher, the residual balance will remain on the Gift Voucher for future purchases up to the date the Gift Voucher expires, if permitted by the relevant laws.
  7. Orders will not be shipped until all amounts have been paid in full.
  8. If permitted under the relevant laws, the Gift Voucher shall expire and terminate if not redeemed within 1 year from the date of purchase.
  9. Gift Vouchers are for the value purchased only and further funds cannot be added. An additional Gift Voucher would need to bought in this case.
  10. Gift Voucher are only valid for use on www.uppercutdeluxe.com and cannot be used in other stores.
  11. Customers must contact our customer care team within 7 days from the date of purchase to cancel their order and a refund will be processed. Cancellations outside of this timeframe are not permitted. All exceptions will be at Uppercut Deluxe Co Inc.’s absolute discretion.
  12. Further Terms and Conditions may be listed on the Gift Voucher itself so we recommend you check these details carefully, as upon purchase you are agreeing to all these terms and conditions.

Right to Cancel and Pricing

The Company reserves the right to refuse or cancel any order for any reason, whether or not the order has been confirmed and payment has been tendered.  In the event of a cancellation, all received monies will be refunded using the method received.

Subject to applicable law, the Company reserves the right to change the goods and services offered for sale through this Site, and any sales or promotional offers related thereto without any notice or liability to you or any other person.  The prices of products and services offered for sale through this Site are subject to change without notice.

If we are legally required to collect sales tax on merchandise which you order, the tax will be added to your purchase price.  If an error in a sales tax charge occurs, your exclusive remedy shall be a right to refund of any tax overcharge.

There may also be duties and taxes added to your package by a destination country. You are responsible for these upon delivery and such taxes and duties are not included in your order total. All credit cards are charged in U.S. Dollars (“USD”). Non-USD currency figures are all approximations based on an exchange rate.

Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error, the Company shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.

Quantity Limits and Prohibition of Purchases to Resell

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Company reserves the right at any time after receipt of your order to accept or decline your order for any reason, or without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.

This Site is intended for the sale of merchandise to end user customers only.  The Company does not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products offered on this Site.  Any purchase from this Site with the intent to resell shall be a breach of these Terms.

Limitation of Liability

The Company shall not be liable for any losses or damages caused by this Site or any website linked to or from this Site.

UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.

UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY OF THE COMPANY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED $5 OR THE COMPENSATION YOU PAID THE COMPANY, WHICHEVER IS LESS.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Colors

The Company has taken steps to accurately display the colors of products sold through the Site.  However, the actual colors you see will depend on your monitor.   The Company does not guarantee the accurate display of any color on your monitor.

Limited Warranties and Disclaimer

Uppercut Deluxe products are guaranteed against material defects in materials and workmanship for a period of 120 days from the date of purchase. This means Uppercut Deluxe Co Inc. will replace, at our discretion, any Uppercut Deluxe product that is defective.  Repair, replacement, or refund at the discretion of the Company shall be your sole and exclusive remedy for a breach of this warranty. For more details, view our Returns and Refunds Policy

The above warranty against defects does not cover exposure to heat, sun or cold. Neither the Company nor its manufacturer shall be liable for any injury, death, loss or damage, direct or consequential arising out of the use or inability to use this product. Before use, you must determine the relevant product for your needs and you agree to assume all risk and liability whatsoever in connection therewith.

THIS SITE IS PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE

WITHOUT LIMITING THE FOREGOING, THE COMPANY FURTHER DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE EXCEPT THOSE LISTED ABOVE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, YOUR USE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

License

The Company grants you a limited license for personal use only of the Site. Such grant does not include, without limitation, any resale or commercial use of the Site, modification or reverse engineering of the Site, copying or transmitting any Site Materials (including the Company’s trademarks) in any form or by any means, collection and use of product listings or descriptions, or use of data mining or gathering tools on the Site.

You may not use any meta tags or any other “hidden text” using the Company’s name, trademark, or product name without our express written consent. “Site Materials” means all materials on the Site, including, without limitation, trademarks, design, product descriptions, HTML text, graphics, other files, photographs, codes, software layout, designs forms and the selection and arrangement thereof.

We may terminate this license and your use of or access to the Site if you make or permit any unauthorized use of this Site.

Intellectual Property

This Site is owned and operated by Uppercut Deluxe Co Inc. unless otherwise specified, all materials appearing on this Site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Uppercut Deluxe Co Inc.. All software used on the Site is the sole property of Uppercut Deluxe Co Inc. or those supplying the software. You may use the content of this site only for the purpose of shopping or placing an order on this Site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Uppercut Deluxe Co Inc.’s prior written permission.  All rights not expressly granted herein are reserved.

Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. We reserve the right to have all violators prosecuted to the fullest extent of the law.

Indemnification

You agree to defend, indemnify and hold harmless Uppercut Deluxe Co Inc. from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site or any breach by you of these Terms.

Hyperlinks

This site may contain links to other sites on the Internet that are owned and operated by third parties.  You acknowledge the Company is not responsible for the operation of or content located on or through any such site.

Jurisdiction, Venue and Applicable Law

These Terms shall be governed by, and construed and enforced in accordance with the laws of the State of California, United States of America, without regard to principles of conflicts of law.  You consent to the jurisdiction of and agree venue shall be proper for all purposes in the State of California, County of San Diego.

Severability

If one or more provisions of these Terms are held to be unenforceable under applicable law, such provision shall be excluded from these Terms and the balance of the Terms shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms.

Customer Ratings and Reviews Terms of Use

These Terms of Use govern your conduct associated with the Customer Ratings and Review service offered by Uppercut Deluxe (the “CRR Service”). To the extent of any conflict between Uppercut Deluxe Co Inc.’s Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the CRR Service.

By submitting any content to Uppercut Deluxe Co Inc., you represent and warrant that:

  1. You are the sole author and owner of the intellectual property rights thereto;
  2. All “moral rights” that you may have in such content have been voluntarily waived by you;
  3. All content that you post is accurate;
  4. You are at least 18 years old;
  5. Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:

  1. That is known by you to be false, inaccurate or misleading;
  2. That infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  3. That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  4. That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
  5. For which you were compensated or granted any consideration by any third party;
  6. That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
  7. That contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold Uppercut Deluxe Co Inc. (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant Uppercut Deluxe Co Inc. a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at Uppercut Deluxe Co Inc.’s sole discretion. Uppercut Deluxe Co Inc. reserves the right to change, condense or delete any content on Uppercut Deluxe Co Inc.’s website that Uppercut Deluxe Co Inc. deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Uppercut Deluxe Co Inc. does not guarantee that you will have any recourse through Uppercut Deluxe Co Inc. to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Uppercut Deluxe Co Inc. reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Uppercut Deluxe Co Inc., are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Uppercut Deluxe Co Inc., its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

By submitting your email address in connection with your rating and review, you agree that Uppercut Deluxe Co Inc. and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.

Date Terms Last Updated

These Terms were last updated on July 19, 2017. Please check our Terms periodically for changes.

Contact

Email: Email us here

Address: Suite 102, 4040 Calle Platino

Oceanside, California, USA, 92056

Telephone: Telephone customer service on 760 295 2201

Written by: Uppercut Deluxe Co Inc.

UNITED KINGDOM & EUROPE

Last Updated: July 19, 2017

This page (together with our Privacy Policy) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site.  Please note that before placing an order you will be asked to agree to these Terms.

Before you can place an order on our site you will be asked to click on the button marked “I Accept” to indicate that you accept these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.

Uppercut Deluxe Co Limited is taking full responsibility for all the transactions from the website, and handling the dispute management, refunds, cancellations, returns & customer support.

We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms, and any Contract between us, are only in the English language.

    1. Information about us

      1. We operate the website www.uppercutdeluxe.com. We are Uppercut Deluxe Co Limited, a company registered in England and Wales under company number 10335413 and with our registered office at Unit 1A.1, North Road, Marchwood Ind Park, Southampton, SO40 4BL. Our VAT number is GB 250355724.
      2. To contact us, either, use our contact form or write to us at: Unit 1A.1, North Road, Marchwood Ind Park, Southampton, SO40 4BL, or call us on: 02380 865 906.
    2. Our Products

      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’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
      2. Although we have made every effort to be as accurate as possible, because our Products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.
      3. The packaging of the Products may vary from that shown on images on our site.
      4. All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
    3. Use of our site

Your use of our site is governed by these terms and conditions. Please take the time to read these, as they include important terms which apply to you.

  1. How we use your personal information

    We only use your personal information in accordance our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

  2. Age limit and your legal rights as a consumer

    1. If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
    2. As a consumer, you have legal rights in relation to Products that are faulty or not as described. Nothing in these Terms will affect these legal rights.
  3. How the contract is formed between you and us

    1. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each step of the order process.
    2. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.4.
    3. We will confirm our acceptance to you by sending you an e-mail that confirms payment has been mad (Order Confirmation) and another email that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
    4. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 12.1, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
  4. Our right to vary these terms

    1. We may revise these Terms from time to time in the following circumstances:
      1. changes in how we accept payment from you;
      2. changes in relevant laws and regulatory requirements.
    2. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
    3. Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
  5. Your consumer right of return and refund

    1. If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.
    2. However, this cancellation right does not apply in the case of:
      1. any made-to-measure or custom-made products or products made to your specification or clearly personalised;
      2. newspapers, periodicals or magazines;
      3. perishable goods, such as food, drink or fresh flowers;
      4. software, DVDs or CDs which have a security seal which you have opened or unsealed.
    3. Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
    4. To cancel a Contract, please contact us in writing to tell us by sending an e-mail via our contact form, or by sending a letter to Unit 1A.1, North Road, Marchwood Ind Park, Southampton, SO40 4BL. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
    5. You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 8.4. If you returned the Products to us because they were faulty or mis-described, please see clause 8.6.
    6. If you have returned the Products to us under this clause 8 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
    7. We refund you on the credit card or debit card used by you to pay.
    8. If the Products were delivered to you:
      1. you must return the Products to us as soon as reasonably practicable;
      2. unless the Products are faulty or not as described (in this case, see clause 8.6), you will be responsible for the cost of returning the Products to us;
      3. you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
    9. Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.
    10. 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 8 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
  6. Delivery

    1. Your order will be fulfilled by the estimated delivery date set out on our site’s shipping and delivery page, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
    2. Delivery will be completed when we deliver the Products to the address you gave us.
    3. If no one is available at your address to take delivery, our third party delivery provider may leave you a note, in which case, please follow the instructions provided to arrange delivery.
    4. The Products will be your responsibility from the completion of delivery.
    5. You own the Products once we have received payment in full, including all applicable delivery charges.
  7. Price of products and delivery charges

    1. The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 11.5 for what happens in this event.
    2. Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
    3. The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
    4. The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time.
    5. Our site contains a large number of Products. It is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
  8. How to pay

    1. You can only pay for Products using one of the following methods. We accept:
      1. PayPal
      2. Visa credit and debit
      3. Mastercard credit and debit cards
    2. Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we are ready to dispatch your order.
    3. Gift Vouchers can be purchased in values of Great British Pounds, £30, £50 £100 and £150 by simply adding this item to your cart and making payment in the same way as ordering any other item.
      1. Once a Gift Voucher has been purchased, an E-Mail will be sent to the e-mail address nominated to receive that Gift Voucher.
      2. When purchasing Items against the redemption of a Gift Voucher, add the items you are wishing to purchase to your cart then at checkout you will be able to enter the unique Gift Voucher code to receive that amount off your purchase. To enter more than 1 Gift Voucher you will be able to add further Gift Voucher codes.
      3. Gift Vouchers can only be redeemed in full once.
      4. Any amounts still owing after the Gift Voucher has been redeemed, will remain eligible for payment until the expiry of the card as per (g).
      5. Items purchased for less than the amount on the Gift Voucher. The remaining balance on the Gift Voucher will remain for future purchases up to the date the Gift Voucher Expires.
      6. Orders will not be shipped until all amounts have been paid.
      7. Gift Vouchers will expiry have an expiry date, 6 months from purchase date.
      8. Gift Vouchers are for the Value purchased only and further funds cannot be added to a Gift Voucher.
      9. Gift Vouchers are only valid for use on www.uppercutdeluxe.com and cannot be redeemed for Cash or used in stores.
      10. Cancelling a Gift Voucher. Customers must contact our customer care team within 7 days from the date of purchase to cancel their order and a refund will be processed. Cancellations outside of this timeframe are not permitted and should this be agreed, will be at our absolute discretion.
      11. Further Terms and Conditions may be listed on the Gift Voucher itself so we recommend you check these details carefully as purchasing the Gift Voucher you are agreeing to all these terms and conditions.
  9. Our warranty for the Products

    1. For Products which do not have a manufacturer’s guarantee, we provide a warranty that on delivery and for a period of 120 days from the date of purchase, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 13.2.
    2. The warranty in clause 13.1 does not apply to any defect in the Products arising from:
      1. breakages or chipping of the Products due to dropping the Products;
      2. wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
      3. if you fail to assemble, operate or use the Products in accordance with the user instructions;
      4. any alteration or repair by you or by a third party who is not one of our authorised repairers; or
      5. any specification provided by you.
    3. If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
  10. Our liability to you

    1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
    2. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    3. We do not in any way exclude or limit our liability for:
      1. death or personal injury caused by our negligence;
      2. fraud or fraudulent misrepresentation;
      3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
      4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
      5. defective products under the Consumer Protection Act 1987.
  11. Events outside our control

    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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
    2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
    3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
      1. we will contact you as soon as reasonably possible to notify you; and
      2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
  12. Communications between us

    1. When we refer, in these Terms, to “in writing”, this will include e-mail.
    2. If you are a consumer:
      1. To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you must contact us in writing by sending an e-mail via our contact form or by sending a letter to Unit 1A.1, North Road, Marchwood Ind Park, Southampton, SO40 4BL. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
      2. If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to Uppercut Deluxe Co. Limited via our contact form or Unit 1A.1, North Road, Marchwood Ind Park, Southampton, SO40 4BL. You can always contact us using our Customer Services telephone line.
    3. 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.
  13. Customer Ratings and Reviews Terms of Use

    1. These Terms of Use govern your conduct associated with the Customer Ratings and Review service offered by Uppercut Deluxe (the “CRR Service”). To the extent of any conflict between Uppercut Deluxe’s Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the CRR Service.
    2. By submitting any content to Uppercut Deluxe Co. Limited, you represent and warrant that:
      1. You are the sole author and owner of the intellectual property rights thereto;
      2. All “moral rights” that you may have in such content have been voluntarily waived by you;
      3. All content that you post is accurate;
      4. You are at least 18 years old;
      5. Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.
    3. You further agree and warrant that you shall not submit any content:
      1. That is known by you to be false, inaccurate or misleading;
      2. That infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
      3. That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
      4. That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
      5. For which you were compensated or granted any consideration by any third party;
      6. That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
      7. That contains any computer viruses, worms or other potentially damaging computer programs or files.
    4. You agree to indemnify and hold Uppercut Deluxe Co. Limited (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
    5. For any content that you submit, you grant Uppercut Deluxe Co. Limited a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
    6. All content that you submit may be used at Uppercut Deluxe Co. Limited’s sole discretion. Uppercut Deluxe Co. Limited reserves the right to change, condense or delete any content on Uppercut Deluxe Co. Limited’s website that Uppercut Deluxe Co. Limited deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Uppercut Deluxe Co. Limited does not guarantee that you will have any recourse through Uppercut Deluxe Co. Limited to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Uppercut Deluxe Co. Limited reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Uppercut Deluxe Co. Limited, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Uppercut Deluxe Co. Limited, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
    7. By submitting your email address in connection with your rating and review, you agree that Uppercut Deluxe Co. Limited and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.
  14. Other important terms

    1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
    2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 12 to the recipient of the gift without needing to ask our consent.
    3. This contract is between you and us. No other person shall have any rights to enforce any of its terms. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 13, but we and you will not need their consent to cancel or make any changes to these Terms.
    4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    6. Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
    7. We will not file a copy of the Contract between us.