This document (“Website Terms”) (together with our Privacy and Cookies Policy) sets out the legal terms and conditions (“Terms”) which govern the access and use of www.universeal.co.uk (“the Website”) and on which Universeal UK Limited agrees to sell the products listed (“the Products”) on our Website.
These Terms will apply to any contract between you and us for the sale of Products purchased through our Website. Please read these Terms carefully and note that by ordering any of our Products you agree to be bounds by the Terms and all other documents expressly referred to within these Terms.
We reserve the right to vary these Terms from time to time.
In these Terms, the following definitions shall apply:
Universeal.co.uk is a site operated by Universeal (UK) Ltd with legal status as a private limited company. We are registered in the United Kingdom under company name 02761655 and with our registered office at Field House, Park Road, Little Budworth, Cheshire, Tarporley CW6 9DE.
Our main trading address is 9 Portal Business Park, Eaton Lane, Tarporley, Cheshire CW6 9DL. Our VAT number is 611 5487 54.
We shall use your personal information in accordance with our Privacy and Cookies Policy. Please read this Policy carefully, as this Policy sets out how we use information provided by you.
All content included on this site such as text, graphics, logos, button icons, images, audio clips, digital downloads and software are all owned by the Supplier or is used by the Supplier with permission of the copyright holder. All content is protected by international copyright laws.
In particular, you must not:
Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
5.1 An Order for one of more of our Products can be made by following the online instructions on our Website, adding Products to your basket, proceeding to Online Checkout, and making a payment by credit or debit card through our secure payment services gateway. Please take time to check your Order and any associated Specification for any errors or omission prior to proceeding to Online Checkout.
5.2 After you have submitted an Order to us, you will receive an email acknowledging safe receipt of the Order (“Acknowledgment Email”). The Acknowledgement Email will confirm the details of your Order, including shipment method, payment details and anticipated lead time.
5.3 All payments are processed by our payment service provider. Once your payment has been processed you will receive an email confirming this (“Payment Confirmation”).
5.4 The Customer is responsible for ensuring that the terms of the Order and any applicable Specification are complete and accurate.
5.5 Please note that receipt of the Acknowledgement Email or Payment Confirmation does not constitute acceptance of your Order by us. The Order constitutes an offer by the Customer to purchase the Products in accordance with these Terms.
5.6 An Order placed by you is subject to acceptance by us in the form of email confirmation that we are processing your Order and that the Products are being despatched (“Despatch Confirmation”), at which point the Contract is formed and becomes legally binding on both parties.
5.7 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, 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.
5.8 We may choose not to accept your Order for any reason whatsoever, and we will not be liable to you or to anyone else in those circumstances.
6.1 The Products are described on each of the relevant product pages, and includes references to specification sheets where these are available.
6.2 Reference to any performance criterion or feature of any Product, including but not limited to: - pulling strength, shear strength, breaking point, material composition or dimensions; are approximate and are intended for guidance purposes only.
6.3 A Product’s compliance with national or international standards (for example, ISO17712:2013 or CT-PAT regulations) is made explicit where such compliance has been verified by independent certification bodies.
6.4 Images of the Products on our website are illustrative purposes only. Although we have made every effort to portray the Products on the Website accurately, slights variations in size, colour or other material characteristics may occur.
6.5 To the extent that the Products are to be manufactured in accordance with a Specification supplied by the Customer, it shall be the responsibility of the Customer to ensure that any such Specification is free from errors and/or omissions, and we shall not be liable for any such errors and/or omissions.
6.6 To the extent that the Products are to be manufactured in accordance with a Specification supplied by the Customer, the Customer shall indemnify the Supplier against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by the Supplier in connection with any claim made against the Supplier for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with the Supplier's use of the Specification. This clause shall survive termination of the Contract.
6.7 The Supplier reserves the right to amend the Specification if required by any applicable statutory or regulatory requirements.
7.1 The Supplier shall ensure that all deliveries of the Products are accompanied by a delivery note which shows the date of the Order, relevant Customer reference numbers, and the type and quantity of the Products.
7.2 The Supplier shall deliver the Products to the location set out in the Order (“DeliveryLocation”). Delivery of the Products shall be completed on the Products' arrival at the Delivery Location.
7.3 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Products that is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.
7.4 If the Supplier fails to deliver the Products, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement Products of similar description and quality in the cheapest market available, less the price of the Products. The Supplier shall have no liability for any failure to deliver the Products to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.
8.1 We deliver to the countries listed on this page (insert link) (International Delivery Destinations). However there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.
8.2 If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
8.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
8.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
9.2 Subject to clause 9.3, if:
9.3 The Supplier shall not be liable for Products' failure to comply with the warranty set out in clause 9.1 in any of the following events:
9.5 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
9.6 These Terms shall apply to any repaired or replacement Products supplied by the Supplier.
10.1 The risk in the Products shall pass to the Customer on completion of delivery.
10.2 Title to the Products shall not pass to the Customer until the Supplier has received payment in full (in cash or cleared funds) for:
10.3 Until title to the Products has passed to the Customer, the Customer shall:
10.4 If before title to the Products passes to the Customer the Customer becomes subject to any of the events listed in clause 14.2, or the Supplier reasonably believes that any such event is about to happen and notifies the Customer accordingly, then, provided that the Products have not been resold, or irrevocably incorporated into another product, and without limiting any other right or remedy the Supplier may have, the Supplier may at any time require the Customer to deliver up the Products and, if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Products are stored in order to recover them.
11.1 The price of the Products shall be the price as set out on our Website at the time and date of ordering.
11.2 Occasionally, errors may be displayed on the Website which result in Product’s being either incorrectly priced or described, in which case we will not obliged to supply the Products at the incorrect price or in accordance with the incorrect description, or at all.
11.3 The price of delivery will be calculated based on the weight of the Products ordered, and will be displayed on screen for the Customer’s review and confirmation prior to placing of any Order.
11.4 The price of the Products is exclusive of amounts to be added in respect of value added tax (VAT).
11.5 Only in circumstances where the Customer has been granted a credit account in relation to any Order placed on the Website, the Supplier may invoice the Customer for the Goods on or at any time after the completion of delivery, provided that:
12.1 Prior to the full or partial despatch of an Order customised further to a Specification, the Customer may give notice in writing to the Supplier that it wishes to cancel the Order. Upon receipt of any such notice, the Supplier shall arrange for a refund of any payment made by the Customer within a reasonable timescale, subject to the discretion of the Supplier to retain up to 20% of the value of the Order as a cancellation fee to cover any administration and incidental expenses incurred by the Supplier.
12.2 Subject to Clause 9 and Clause 12.3, due to the security nature of the Products, the Supplier is not able to offer returns and/or refunds relating to an Order for Products which the Supplier has despatched from its, or any third parties’, warehouse.
12.3 This clause 11.3 only applies if the Customer is a Consumer
Where the Customer is a Consumer, as defined by the Consumer Contracts Regulations 2013 and all subsequent amending legislation, the Customer has a right to cancel an Order within the period of seven working days, beginning on the day after we send the Despatch Confirmation, provided that:
12.4 The right of cancellation as noted in clause 10.3 does not apply to an Order customised further to a Specification, or to an Order for Products which by their nature cannot be returned or are liable to deteriorate or expire rapidly.
13.1 These Terms apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
13.2 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Supplier which is not set out in the Contract.
13.3 Any samples, drawings, descriptive matter, or advertising produced by the Supplier and any descriptions or illustrations contained in the Supplier's catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Products described in them. They shall not form part of the Contract or have any contractual force.
14.1 If the Customer becomes subject to any of the events listed in clause 14.2, or the Supplier reasonably believes that the Customer is about to become subject to any of them and notifies the Customer accordingly, then, without limiting any other right or remedy available to the Supplier, the Supplier may cancel or suspend all further deliveries under the Contract or under any other contract between the Customer and the Supplier without incurring any liability to the Customer, and all outstanding sums in respect of Products delivered to the Customer shall become immediately due.
14.2 For the purposes of clause 14.1, the relevant events are:
14.3 Termination of the Contract, however arising, shall not affect any of the parties' rights and remedies that have accrued as at termination. Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
15.2 Subject to clause 15.1:
Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather Terms, or default of suppliers or subcontractors.
17.3 Waiver. A waiver of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
17.4 Third party rights. A person who is not a party to the Contract shall not have any rights under or in connection with it.
17.5 Variation. Except as set out in these Terms, any variation to the Contract, including the introduction of any additional terms and Terms, shall only be binding when agreed in writing and signed by the Supplier.
17.6 Governing law and jurisdiction. The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.