Terms and conditions
1. About us
1.1 Company details. Capslok Ltd (company number 11205741) (we and us), is a company registered in England and Wales and our registered office is at [31 Church View Thorner, Leeds, England, LS14 3ED]. We operate the website www.udderlok.com.
1.2 Contacting us. To contact us e-mail our customer service team at email@example.com. How to give us formal notice of any matter under the Contract is set out in clause 12.2.
2. Our contract with you
1.3 Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.
1.4 Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
1.5 Language. These Terms and the Contract are made only in the English language.
1.6 Your copy. You should print a copy of these Terms or save them to your computer for future reference.
1.7 Changes to terms. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. Continued use of or access to the website constitutes acceptance of any changes.
2. Placing an order and its acceptance
2.1 Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.
2.2 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
2.3 Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but 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 2.4.
2.4 Accepting your order. Our acceptance of your order takes place when we send Goods to you.
2.5 If we cannot accept your order. If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.
3. Our goods
3.1 The images of the Goods 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 Goods. The colour of your Goods may vary slightly from those images.
3.2 The packaging of your Goods may vary from that shown on images on our site.
3.3 We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement.
3.4 You agree not to reproduce, duplicate, copy, sell, resell or exploit the Goods or any part of the Goods without our express written permission.
4. Delivery, transfer of risk and title
4.1 Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 11 (Events outside our control) for our responsibilities when this happens.
4.2 Delivery is complete once the Goods have been posted to the address for delivery set out in your order and the Goods will be at your risk from that time.
4.3 You own the Goods once we have received payment in full and risk has passed to you in accordance with Clause 4.2.
4.4 If we fail to deliver the Goods, our liability is limited to refunding the cost of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.
5. International delivery
5.1 Unfortunately, we do not deliver to addresses outside the UK.
5.2 You may place an order for Goods from outside the UK, but this order must be for delivery to an address in the UK.
6. Price of goods and delivery charges
6.1 The prices of the Goods will be as quoted on our site at the time you submit your order.
6.2 Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.
6.3 Unless we notify you to the contrary, the price of Goods 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 Goods in full before the change in VAT takes effect.
6.4 Our delivery charges are as advised to you during the check-out process, before you confirm your order.
7. How to pay
7.1 You can only pay for Goods using the integrated PayPal facility which permits payment via standard PayPal payment options.
7.2 Payment for the Goods and all applicable delivery charges is in advance.
7.3 You understand that your payment information may be transferred and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment information is always encrypted during transfer over networks.
8. Our warranty for the goods
8.1 The Goods are intended for use only in the UK. We do not warrant that the Goods comply with the laws, regulations or standards outside the UK.
8.2 We provide a warranty that on delivery, the Goods shall:
(a) subject to clause 3, conform in all material respects with their description;
(b) be free from material defects in design, material and workmanship; and
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by us.
8.3 Subject to clause 8.4, if:
(a) you give us notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 8.2;
(b) we are given a reasonable opportunity of examining the Goods; and
(c) if we ask you to do so, you return the Goods to us at your cost,
we will, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
8.4 We will not be liable for breach of the warranty set out in clause 8.2 if:
(a) you make any further use of the Goods after giving notice to us under clause 8.3;
(b) you alter or repair the Goods without our written consent;
(c) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
(d) the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
8.5 We will only be liable to you for the Goods’ failure to comply with the warranty set out in clause 8.2 to the extent set out in this clause 8.
8.6 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.
8.7 These Terms also apply to any repaired or replacement Goods supplied by us to you.
9. Personal Information
10. Our liability: your attention is particularly drawn to this clause
10.1 References to liability in this clause 10 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
10.2 We only supply the Goods for internal use by you or your business, and you agree not to use the Goods for any resale purposes.
10.3 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) any other liability that cannot be limited or excluded by law.
10.4 Subject to clause 10.3, we will under no circumstances be liable to you for:
(a) any loss of profits, sales, business, or revenue; or
(b) any indirect or consequential loss.
10.5 Subject to clause 10.3, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed the price of the Goods.
10.6 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
10.7 You agree to indemnify, defend and hold harmless us and any parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
11. Events outside our control
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
11.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the 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 Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
11.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us.
12. Communications between us
12.1 When we refer to “in writing” in these Terms, this includes email.
12.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and sent by pre-paid first class post or other next working day delivery service, or email.
12.3 A notice or other communication is deemed to have been received:
(a) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
(b) if sent by email, at 9.00 am the next working day after transmission.
12.4 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 email was sent to the specified email address of the addressee.
12.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
13. Our Website
13.1 On our website, we may provide you with access or links to third-party tools or content, over which we neither monitor nor have any control nor input. We shall have no liability whatsoever arising from or relating to your use of third-party tools or websites.
13.2 You are prohibited from using our website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the website or any related website, other websites, or the internet. We reserve the right to terminate your use of the website or any related website for violating any of the prohibited uses.
13.3 We request that any comments you may leave on our website are free from libelous or otherwise unlawful, abusive or obscene material, and don’t contain any computer virus or other malware that could in any way affect the operation of our website. You will not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us as to the origin of any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property, or these Terms. You acknowledge that any comments or submissions submitted to the website are free from restriction, and can be copied, published and distributed freely.
14.1 Assignment and transfer.
(a) We may assign or transfer our rights and obligations under the Contract to another entity.
(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
14.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
14.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
14.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14.5 Headings. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
14.6 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
14.7 Governing law and jurisdiction. This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.