Terms and Conditions
This page sets out the terms and conditions on which we supply the products listed on our website www.zubeaccessories.co.uk
Please read these terms and conditions carefully before ordering any products from our site.
You should understand that by ordering any of our products you agree to be bound by these terms and conditions.
You shall ensure that the terms of your order and any applicable specification are complete and accurate.
When placing an order through our website, you agree that:
- You are legally capable of entering into binding contracts; and
- You are a trade customer and are purchasing the products for the purpose of resale by way of a business and that you are not acting as a consumer.
These terms and conditions and any other document referred to herein represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether this was oral or in writing.
You acknowledge that when entering into the contract you have not relied on any promise, statement or representation given by us or on our behalf, or have been implied by anything said or written in negotiations between us prior to such contract except as stated in these terms and conditions.
Neither party will have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contact, unless such untrue statement was made fraudulently. The other party’s only remedy shall be breach of contract as provided in these terms and conditions.
1. About Us:
www.zubeaccessories.co.uk is a website which is operated by ZUBE Ltd. We are registered in England and Wales under Company Number 05266095. Our trading address is Unit J Cavans Close, Binley Industrial Estate, Coventry, West Midlands, CV3 2SF.
2. Minimum Order
- No order will be accepted unless the total value of the order exceeds our minimum order size when the order is placed, as specified on the “How to Order” page of our website.
- We may amend the minimum order size, at our discreation, without prior notice.
3. The contract
- After placing an order you will receive an e-mail from us confirming your order. This does not mean that your order has been accepted. Your order is an offer to buy our products. All orders are subject to acceptance by us and we will confirm acceptance by taking payment and then delivering the order to you. The contract between us will only be formed once we accept your payment and deliver your order.
- The contract will only relate to those products whose dispatch is confirmed in our delivery note. We will not be obliged to supply any other products which may have formed part of your order.
4. Product Information
- All descriptions, photographs or illustrations contained on our website are issued for the sole purpose of giving you an idea of the products described in them.
- All jewellery shown on our website is imitation jewellery, unless otherwise stated. The words 'gold' and 'silver' to describe our jewellery will depict the colour of the metal used and not the quality of the metal. Due to the nature of such jewellery, it will go off colour over time, especially metal based jewellery. We shall not be liable to you for any jewellery that has discoloured.
- For hygiene reasons we cannot accept the return of worn earrings or body jewellery.
- We warrant that on delivery, subject to the other provisions of these terms and conditions, the products shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979.
- Should any of the products not conform with this warranty then we shall credit you with a full refund of the price paid for the products. We shall then have no further liability for breach of this warranty in respect of such products and we shall have no obligation to replace the products.
- We shall not be liable for breach of this warranty unless:
- the products are returned to us at your own expense within 3 working days of the date of delivery. We recommend you use Recorded or Special Delivery and retain proof of postage and;
- we agree the products are defective as a result of defective workmanship and/or faulty materials.
- We shall not be liable for breach of this warranty if:
- the defect arises because you have failed to follow either verbal or written storage instructions, use or maintenance of the products, or if there are none, general good market practice, or
- you take it upon yourself to alter or repair the products without our written permission
5. Delivery
- Delivery details are set out in the “Shipping” page of our website. We willl endeavour to deliver your order within the delivery times specified. Any dates specified by us for delivery of your order are intended to be an estimate only and time for delivery shall not be made of the essence of notice. If no dates are specified, delivery shall be within a reasonable time
- If for any reason you fail to accept delivery of the goods or if we are unable to deliver the goods because you have not provided adequate information or documentation:
- risk of the goods shall pass to you, including for loss or damage caused by our negligence, and
- the goods shall be deemed to have been delivered, and
- we may store the goods until delivery, whereupon you shall be liable for all related costs and expenses including, without limitation, storage and insurance.
- We shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of such goods (even if caused by our negligence). Nor shall any delay entitle you to terminate or rescind any order unless such delay exceeds 90 days.
- We may deliver the products by separate instalments. Each separate instalment will be invoiced and paid for in accordance with the provision of these terms and conditions.
- We shall not be liable to you for any alleged loss, theft or damage of the goods whilst they are in transit unless such loss is notified to the carriers and ourselves immediately following delivery.
- Where it is alleged the goods are damaged the goods must be returned to us by way of Recorded or Special Delivery, at your own expense. We recommend you retain proof of postage.
6. Non Delivery
- The quantity of any consignment of goods recorded by us on despatch from our place of business shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving to the contrary.
- We shall not be liable for any non-delivery of goods, even if caused by our negligence, unless you provide written notice to us of non-delivery within 3 working days of the date when the goods would have, in the ordinary course of events, been received.
- Our liability for non-delivery of the goods shall be limited to replacing the goods within a reasonable time or issuing a credit note at the pro-rata contract rate against any invoice raised for such goods.
7. Risk & Ownership of goods
- The goods will be at your risk from the time of delivery or deemed delivered.
- Ownership of the goods will pass to you when we receive payment in full (in cleared funds), for all sums due, including payment for the goods, delivery charges and any other sums which are/or become due from you on any account.
8. Pricing and payment
- The price of the products shall be that quoted on our website, unless otherwise agreed with is in writing.
- The prices are exclusive of VAT (Value Added Tax) and delivery costs. VAT and delivery costs will be added to your order at the time of checkout. Delivery costs are set out in the “Shipping” page of our website.
- If you order goods from our website for delivery outside the UK but within the European Union, UK VAT will not be charged. You will be notified by the carriers of your parcel of the VAT amount due by your countries government. Your parcel will not be released by customs until payment has been made. VAT will not be charged on sales to countries outside the European Union, provided we receive evidence of export in a form satisfactory to us.
- If you order products from our website for delivery outside the UK, they may be subject to import duties or taxes which are levied when the goods reach the specified destination. Any cross border taxes, import duties or customer charges will be your responsibility. We have no control over such charges and cannot predict their amount. We recommend you contact your local customs office for further information before placing your order. Customs duty/tax is different to VAT and is the tax paid on imported goods based upon their commodity code classification. As far as we are aware, there will be no customs duty to pay on our goods entering the EU as a trade deal was agreed between the UK and the EU.
- Prices are liable to change at any time, but changes will not affect any orders which have already been accepted.
- Due to the large number of products listed on our website it is possible that, despite our best efforts, some of the products may be incorrectly priced. Prices are verified as part of our dispatch procedure and where any products are incorrectly priced we will contact you for instructions on how to proceed before dispatching these to you.
- Payment must be by debit or credit card. We accept all major debit and credit cards. Payments must be made at the time of the order or otherwise in accordance with the terms expressly agreed by us with you.
- Your order will only be dispatched upon receipt of payment (cleared funds).
- If you fail to pay us any sum of monies due then in addition to our other rights we may bring a claim for the monies due and/or cancel any agreement between us and/or suspend any other deliveries to you and/or claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
9. Limitations of Liability
- Except as set out in condition 4.5. and for the conditions implied by the Sale of Goods Act 1979, all warranties, conditions and other terms implied by statute or common law are to the fullest extent permitted by law, excluded by Contract
- Nothing in these terms and conditions excludes or limits our liability
- For death or personal injury caused by our negligence; or
- Under section 2(3), Consumer Protection Act 1987; or
- For any matter which it would be illegal for us to exclude or attempt to exclude its liability; or
- For fraud or fraudulent misrepresentation.
- Subject to conditions 9.1. and 9.2.:
- Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the contract shall be limited to the contract price; and
- We shall not be liable to you for loss of profit, loss of business, or depletion of goodwill in each case whether direct or indirect or consequential, or any other claims for consequential compensation whatsoever (however caused) which arise out of or in connection with the contract.
10. Events we have no control over
- We will not be liable or responsible for any failure to perform or delay in performance or any of our obligations under a contract that is caused by events outside our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers inability or delay in obtaining supplies of adequate or suitable materials.
11. Means of Communication
- Some laws require that some of the correspondence we send to you should be in writing. When using our website you accept that correspondence with us will mainly be 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 form of correspondence and you acknowledge that all contracts, notices, information and other correspondence that we provide to you electronically comply with any legal requirement that such correspondence be in writing. This condition does not affect your statutory rights.
- All notices given by You to us must be sent to ZUBE Ltd at the address set out on this website or any other address we supply to you.
- Notices will deemed to have been received and served immediately when posted on our website, 24hours after an email has been sent or 3 days after the date of posting of any letter. It will be necessary to provide sufficient proof that a notice has been served by way of proving that any letter was properly addressed stamped and placed in the post and any email was sent to the correct and specified email address of the addressee.
12. Waiver of Rights
- Failure or delay by us in enforcing or partially enforcing any provision of these terms and conditions shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance of such obligations.
- Any waiver by us of these terms and conditions shall not be effective unless it is stated to be a waiver and is communicated to you in writing in accordance with our means of communication as stated in 11 above.
- No provision of these terms and conditions shall be enforceable by virtue if the Contracts (Rights of Third Parties) Act 1999 by any person that is not party to them.
13. Our rights to vary these terms and conditions
- We have the right to revise these terms and conditions from time to time. You will be subject to the terms and conditions in force at the time of placing your order on our website, unless such terms and conditions are required by law or governmental authority or we advise you of such amendments prior to accepting your order. Unless we are advised to the contrary, in writing and within 5 working days of receiving your goods, such amendments to the terms and conditions will deemed to have been accepted by you.
14. Use of Website Material
- You agree that all copyright, database rights, trademarks and other intellectual property rights in all material and/or content of this website is owned by the company or its licensors and shall remain at all times vested in the company or its licensors unless otherwise agreed by the company or its licensors in writing.
- The material and content of the website is made available for the buyers own non-commercial use only and the buyer may only download such material and content for the sole purpose of using the company’s website and to a single personal computer.
- Unless otherwise stated, the company permits the buyer to use the images of the goods on the website to promote these products to their own customers provided that this permission is non-transferable and revocable by the company at any time.
- The reproduction or use of any images of models (persons) is strictly forbidden.
15. Law & Jurisdiction
- These terms and conditions and any dispute or claim arising out of or in connection with them of their subject matter or formation, including non-contractual disputes or claims, shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.