UNIBALM LIMITED

WEBSITE TERMS AND CONDITIONS

 

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply Unibalm (Unibalm) listed on our website www.unibalm.com (our site) to you.  Please read these terms and conditions carefully and make sure that you understand them, before ordering Unibalm from our site.  You should understand that by ordering Unibalm, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them.  Please understand that if you refuse to accept these terms and conditions, you will not be able to order Unibalm from our site.

1.Information about us

We operate the website www.unibalm.com. We are Unibalm Limited, a company registered in England and Wales under company number 5000466 and with our registered office at 12 Northfields Prospect, Putney Bridge Road, London SW18 1PE. Our main trading address is Unibalm PO Box 3822 Marlborough SN8 9DP. Our VAT number is 111 4691 45.

2.Service availability

Some restrictions are placed on the extent to which we accept orders from specific countries.  These restrictions can be found on our Serviced Countries page.  Please review our Serviced Countries page before ordering Unibalm from us.

3.Your status

By placing an order through our site, you warrant that:

(a)you are legally capable of entering into binding contracts; and

(b)you are at least 18 years old;

(c)you are resident in one of the Serviced Countries; and

(d)you are accessing our site from that country.

4.How the contract is formed between you and us

4.1After placing an order, you will receive an email from us acknowledging that we have received your order.  Please note that this does not mean that your order has been accepted.  Your order constitutes an offer to us to buy Unibalm.  All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that Unibalm has been dispatched (Dispatch Confirmation).  The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation. 

4.2The Contract will relate only to those Unibalm products whose dispatch we have confirmed in the Dispatch Confirmation.  We will not be obliged to supply any other Unibalm which may have been part of your order until the dispatch of such Unibalm has been confirmed in a separate Dispatch Confirmation.

5.Our status

5.1We may provide links on our site to the websites of other companies, whether affiliated with us or not.  We cannot give any undertaking that any products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely.  This DISCLAIMER does not affect your statutory rights against the third party seller.  If you would like information about your legal rights you should contact your local trading standards or citizens advice bureaux. We will notify you when a third party is involved in a transaction, and we may disclose your personal information related to that transaction to the third party seller.

6.Consumer rights

6.1If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Unibalm.  In this case, you will receive a full refund of the price paid for the Unibalm in accordance with our refunds policy (set out in clause 9 below). 

6.2To cancel a Contract, you must inform us in writing. You must also return the Unibalm to us as soon as reasonably practicable, and at your own cost.  You have a legal obligation to take reasonable care of the Unibalm while it is in your possession.

6.3Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation.  This provision does not affect your other statutory rights as a consumer.

7.Availability and delivery

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances. 

8.Price and payment

8.1The price of Unibalm and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error. 

8.2Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

8.3It is always possible that, despite our best efforts, Unibalm as listed on our site may be incorrectly priced.  We will normally verify prices as part of our dispatch procedures so that, where Unibalm's correct price is less than our stated price, we will charge the lower amount when dispatching Unibalm to you.  If Unibalm’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching Unibalm, or reject your order and notify you that we are rejecting it.

8.4If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error, we do not have to provide Unibalm to you at the incorrect (lower) price.

8.5Payment for all Unibalm must be by credit or debit card.  We accept payment with Mastercard and Visa through Pay Pal.  We will not charge your credit or debit card until we dispatch your order.

9.Our refunds policy

9.1You may only return Unibalm to us in its original unopened packaging.

9.2If you return Unibalm to us:

(a)because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of Unibalm in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.

(b)for any other reason (for instance, because you consider that Unibalm is defective), we will examine the returned Unibalm and will notify you of your refund via email within a reasonable period of time.  We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you were entitled to a refund. 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. 

9.3We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

10.Warranty

We warrant to you that any Unibalm purchased from us through our site will, on delivery conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which Unibalm is commonly supplied. 

11.Our liability

11.1Subject to clause 11.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Unibalm.

11.2Subject to clause 11.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:

(a)loss of income or revenue;

(b)loss of business;

(c)loss of profits;

(d)loss of anticipated savings;

(e)loss of data; or

(f)waste of management or office time.

11.3  Nothing in these terms and conditions excludes or limits our liability for:

(a)death or personal injury caused by our negligence;

(b)fraud or fraudulent misrepresentation;

(c)any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;

(d)defective products under the Consumer Protection Act 1987; [or]

(e)any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

12.Import duty

12.1If you order Unibalm from our site for delivery outside the UK, you may be subject to import duties and taxes which are levied when the delivery reaches the specified destination.  You will be responsible for payment of any such import duties and taxes.  Please note that we have no control over these charges and cannot predict their amount.  Please contact your local customs office for further information before placing your order.

12.2Please also note that you must comply with all applicable laws and regulations of the country for which the Unibalm is destined.  We will not be liable for any breach by you of any such laws.

13.Written communications

Applicable laws require that some of the information or communications we send to you should be in writing.  When using our site, you accept that communication with us will be mainly electronic.  We will contact you by email or provide you with information by posting notices on our website.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

14.Notices

All notices given by you to us must be given to Unibalm Limited at PO Box 3822, Marlborough, SN8 9DP. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above.  Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such e-mail was sent to the specified email address of the addressee.

15.Transfer of rights and obligations

15.1The contract between you and us is binding on you and us and on our respective successors and assignees. 

15.2You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 

15.3We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

16.Events outside our control

16.1We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). 

16.2A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a)strikes, lock-outs or other industrial action;

(b)civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(c)fire, explosion, storm, flood, earthquake, subsidence or other natural disaster;

(d)impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

(e)impossibility of the use of public or private telecommunications networks;

(f)the acts, decrees, legislation, regulations or restrictions of any government; and

(g)pandemic or epidemic.

16.3Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

17.Waiver

17.1If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

17.2A waiver by us of any default will not constitute a waiver of any subsequent default.

17.3No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.

18.Severability

If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

19.Entire agreement

19.1These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

19.2We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

19.3Each of us agrees that our only liability in respect of those representations and warranties that are set out in these terms and conditions (whether made innocently or negligently) will be for breach of contract.

19.4Nothing in this clause limits or excludes any liability for fraud.

20.Our right to vary these terms and conditions

20.1We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. 

20.2You will be subject to the policies and terms and conditions in force at the time that you order Unibalm from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Unibalm).

21.Law and jurisdiction

Contracts for the purchase of Unibalm through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.  Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

22.Third party rights

A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.