Website Terms and Conditions of Supply and Use
1 Information about us
1.1 We operate www.customplugs.com. We are UK Custom Plugs Limited, a company registered in England and Wales under company number 07838729 and with our registered office at The Sugar Refinery, Suite 38-40, Dewsbury Road, Leeds LS11 7DF. This page tells you about us and the legal terms and conditions on which you can use our site and we sell any of the products listed on our site ("Products").
1.2 These terms will apply to any contract between us for the sale of the Products to you (the "Contract"). Please read these terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these terms and the other documents expressly referred to in it.
2 Changes to our Site
2.1 We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
2.2 We do not guarantee that our site, or any content on it, will be free from errors or omissions.
2.3 While we endeavour to ensure the site is accessible 24 hours a day, we reserve the right to change or remove (temporarily or permanently) the site or any part of it without notice and you confirm that we shall not be liable to you for any such change or removal.
2.4 Access to the site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
3 Links to Third Party Websites
3.1 The site may include links to third party websites that are controlled and maintained by others such as Facebook, twitter and Instagram to list a few. Any link to other websites is not an endorsement of such websites or of the products/services offered on such websites. We do not accept any responsibility in respect of such websites or their accuracy, reliability, availability or content, including without limitation in respect of any link contained in a linked website.
3.2 Third party websites are governed by separate terms and conditions and privacy policies. We advise that you read all such information carefully before using any such third party website.
4 Your Account and Password
4.1 Where you register an account on our site, you are responsible for maintaining the confidentiality of your account details and password and for restricting access to your computer.
4.2 We have the right to disable any account or password if in our reasonable opinion you have failed to comply with any of the provisions of these terms.
4.3 If you know or suspect that anyone other than you knows your password or account details or it is likely your account is being used in an unauthorised manner, you must promptly notify us by email at firstname.lastname@example.org, marking your email with the subject title 'Account Settings'.
5 User Content
5.1 Whenever you make use of a feature that allows you to upload content to our site (such as our Plug Customizer), which includes without limitation any words, pictures, specifications which you upload on, by or via the site ("User Content"), you agree that you shall be solely responsible and liable for all User Content you upload on, to or via the site.
5.3 You agree not to upload any User Content on the site which:
(a) is or could reasonably be considered to be offensive, harmful, unpleasant, inappropriate, threatening, fraudulent, defamatory, abusive, discriminatory, false, libellous, unreliable, misleading, harassing, intimidating, infringing, obscene, unlawful or otherwise objectionable;
(b) infringes any third party's rights including, without limitation, the intellectual property rights of any third party (including without limitation, copyright, trade marks and trade names, rights in and to confidential information and know-how (whether such rights are registered or unregistered));
(c) contains any personal or private information regarding any third party, including but not limited to addresses, phone numbers, email addresses, financial information or passwords; and/or
(d) you do not have the necessary permission, licence or authority to upload.
5.4 You understand and agree that:
(a) by submitting and/or uploading any User Content on our site you agree to indemnify us and hold us harmless from and against all losses, costs (including reasonable legal costs on a full indemnity basis), claims, demands, actions, liabilities and expenses in connection with any User Content uploaded or published by you;
(b) we have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our site constitutes a violation of their rights (which includes intellectual property rights) or of their right to privacy.
6 Intellectual Property Rights
6.1 We do not claim any ownership in any User Content uploaded by you but you hereby grant us a worldwide, sub-licensable, perpetual, transferable, royalty-free licence to use such User Content in any way whatsoever, including without limitation, on the site.
6.2 Subject to condition 6.1 above, all information, copyright, database rights, trade marks, design rights and all other intellectual property rights in the site and/or its content (including without limitation the site design, text, graphics and all software and source codes connected with the site (which includes our Plug Customizer) and the content displayed on the site) are owned by us or our licensors as applicable. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
6.3 You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others to content posted on our site.
6.4 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
6.5 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
6.6 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
7.1 We do not guarantee that our site will be secure or free from bugs or viruses.
7.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
7.3 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
8 Linking to our Site
8.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
8.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
8.3 We reserve the right to withdraw linking permission without notice.
9 Our Products
9.1 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.
9.2 Although we make every effort to be as accurate as possible, our Products may have small imperfections in design, materials, dimensions and weight. As a result we cannot guarantee your Products will be free from defects, however they will be free from material defects.
9.3 The packaging of the Products may vary from that shown on images on our site.
9.4 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.
10 If you are a consumer
This clause 10 only applies if you are a consumer.
10.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
10.2 As a consumer, you have 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. Nothing in these terms will affect these legal rights.
11 If you are a Business Customer
This clause 11 only applies if you are a business.
11.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
11.4 You and us agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract. Nothing in this clause 11 shall operate to limit or exclude any liability for fraud.
12 How the contract is formed between you and us
12.1 For the steps you need to take to place on order on our site, please visit the 'Shop' section of our site.
12.2 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 page of the order process.
12.3 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 12.4.
12.4 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched ("Dispatch Confirmation"). The Contract between us will only be formed when we send you the Dispatch Confirmation.
12.5 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 17.5 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.
13 Our right to vary these terms
13.1 Every time you order Products from us, the terms in force at that time will apply to the Contract between you and us.
14 Your consumer right of return and refund
This clause 14 only applies if you are a consumer
14.1 If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 14.2. 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 is available from your local Citizens' Advice Bureau or Trading Standards office. However, this cancellation right does not apply in the case of any made-to-measure or custom-made products.
14.2 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.
14.3 To cancel a Contract, please e-mail us at email@example.com to tell us. You may wish to keep a copy of your cancellation notification for your own records. Your cancellation is effective from the date you sent us the e-mail.
14.4 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 14.3. If you returned the Products to us because they were faulty or mis-described, please see clause 14.5.
14.5 If you have returned the Products to us under this clause 14 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.
14.6 We refund you on the credit card, debit card or PayPal account used by you to pay.
14.7 If the Products were delivered to you:
(a) you must return the Products to us as soon as reasonably practicable;
(b) unless the Products are faulty or not as described (in this case, see clause 14.5), you will be responsible for the cost of returning the Products to us;
(c) 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.
14.8 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.
14.9 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 14 or these terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
15.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control (as defined in clause 22). 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.
15.2 Delivery will be completed:
(a) if you are a consumer when we deliver the Products to the address you gave us; and
(b) if you are a business when the Products arrive at the address you gave us.
15.3 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.
15.4 The Products will be your responsibility from the completion of delivery.
15.5 If you are a business and you fail to accept delivery of any of the Products for any reason or we are unable to deliver the Products on time because you have not provided appropriate instructions, documents, licences or authorisations:
(a) risk in the Products shall pass to you (including for loss or damage caused by our negligence) at the point we were ready to deliver the Products;
(b) the Products shall be deemed to have been delivered; and
(c) we may store the Products until delivery and you will be liable for all related costs and expenses (including, without limitation, storage and insurance).
15.6 You own the Products once we have received payment in full, including all applicable delivery charges.
16 International Delivery
16.1 We deliver to all countries worldwide.
16.2 If you order Products from our site for delivery outside the UK, 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.
16.3 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.
16.4 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.
17 Price of products and delivery charges
17.1 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 17.5 for what happens in this event.
17.2 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.
17.3 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.
17.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site at the time you place an order for Products.
17.5 Our site contains a large number of Products. It is always possible that, despite our reasonable 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.
18 How to Pay
18.1 You can pay for Products using a debit card, credit card or PayPal. We accept the following cards: Visa, MasterCard, American Express and Discover.
18.2 Payment for the Products and all applicable delivery charges is in advance.
19 Our Liability - general
19.1 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our site; or use of or reliance on any content displayed on our site.
19.2 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
19.3 We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
20 Our liability if you are a business
This clause 20 only applies if you are a business customer.
20.1 Nothing in these terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) for any liability that, by law, cannot be limited or excluded.
20.2 Subject to clause 20.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for any loss of profits, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of goodwill; or any indirect or consequential loss.
20.3 Subject to clause 20.1 and clause 20.2, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £100 or the price of the Products paid for by you, whichever is the greater.
20.4 Except as expressly stated in these terms, we do not give any representation, warranties or undertakings in relation to the Products. 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 Products are suitable for your purposes.
21 Our liability if you are a consumer
This clause 21 only applies if you are a consumer.
21.1 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.
21.2 We only supply the Products for domestic and private use. You agree not to use the Products 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.
21.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) 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
(e) defective products under the Consumer Protection Act 1987.
22 Events outside our control
22.1 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 22.2.
22.2 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.
22.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) 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.
23 Communications between us
23.1 When we refer, in these terms, to "in writing", this will include e-mail.
23.2 If you are a consumer:
(a) to cancel a Contract in accordance with your legal right to do so as set out in clause 14 please e-mail us at firstname.lastname@example.org. You may wish to keep a copy of your cancellation notification for your own records. Your cancellation is effective from the date you sent us the e-mail; and
(b) 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 UK Custom Plugs at The Sugar Refinery, Suite 38-40, Dewsbury Road, Leeds, LS11 7DF.
23.3 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.
23.4 If you are a business:
(a) any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, e-mail, or posted on our site;
(b) a notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second business day after posting; if sent by e-mail, one business day after transmission; or, if posted on our site, immediately;
(c) 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee; and
(d) the provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
24 Other important terms
24.1 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.
24.2 You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
24.3 The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
24.4 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.
24.5 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.
24.6 If you are a consumer, 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.
24.7 If you are a business, a 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 the law of England and Wales.
24.8 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
Thank you for using our site.