Terms & Conditions
TERMS & CONDITIONSThe following terms and conditions apply to all transactions at Upshift Store Ltd, and are effective as of 31st June 2018:
This website is operated by Upshift Store Ltd. Throughout the site, the terms “we”, “us”, “our”, "Upshift" and "the company" refer to Upshift Store Ltd. Upshift Store Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site or when placing an order with us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. We recommend that you print a copy of these for future reference by yourself. Please also take time to read our other policies, including returns, refunds, delivery, cookie and privacy policies, regarding your personal information and how we use it, and your experience on/with the Upshift Store. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any reference to Upshift Store Ltd/Upshift Store/Upshift/the Company/Seller/We/Us shall mean Upshift Store Ltd, of:
Cameron House, Metro Centre, Gateshead, NE11 9XW, United Kingdom
and our website www.upshiftstore.co.uk is operated by Us. As a user of the website (referred to as "you/your/yourself/the customer/the buyer") you acknowledge that any use of this website including any transactions you make ("use/using") is subject to our terms and conditions detailed below.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. Any such changes will take effect immediately from when posted on the website and will be dated accordingly. We do not need to inform you of any changes made to these, so it is your responsibility (and we advise you) to read the terms and conditions on each occasion that you use this website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Upshift Store is hosted on the platform Shopify Inc, an established online e-commerce platform provider that offer fully secure online shopping.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your area of residence, or that you are the age of majority in your country of residence and you have given us your consent to allow any of your minor dependents to use this site.
Goods/equipment/services ordered shall mean the items detailed in the appropriate section of the sales/order form and it shall be a core term of this agreement that all additional parts, connecting components or ancillary items, not detailed within the sales order form, shall be additional to this agreement. You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions. Following the entry of the final details of your order, we will send to you an order acknowledgement email detailing the products you have ordered. Please note that the aforementioned email is not an order confirmation or order acceptance from Upshift Store. Acceptance of your order and the completion of the contract between you and us will take place on dispatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it. Any breach(es) or violation(s) of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
Payment details are always encrypted during transfer over networks, and your details are not handled by us. You understand that potentially all other of your content may be transferred non-encrypted, and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The term "working day" shall mean any day excluding Saturdays, Sundays and public/bank holidays within the United Kingdom. These conditions shall apply to all of the company's quotations and contracts, orders for the sale or supply of goods accepted by the company. The Section numbers and headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is inaccurate, incomplete or not fully up-to-date, though we do try our utmost to ensure that all information is fully up-to-date, accurate and complete. If there are any errors please contact us with details and we shall amend it ASAP. The materials on Upshift are provided for general information only are indicative only, and any specifications, weights, measurements and technical data (whether relating to specification/performance/otherwise) have been published by manufacturers and are for guidance only, and should not be relied upon or used as the sole basis for making decisions without consulting other direct/more accurate/more complete/more timely and varied sources of media & information. We try our utmost to deliver the highest-quality, contemporary and impartial reviews and information, and we take the presentation and quality of this information seriously. We always advise you consult other materials as well as our comprehensive materials, but it should not be solely relied upon - any reliance on the material on this site is at your own risk.
Additionally, parts or components pictured or described on our websites are for illustration purposes only and may vary in size, specification, colour and fitment. Buyers are therefore required to check current specification, colours, weights and measurements with manufacturers/Upshift Store, prior to order. Manufacturers also allow tolerances within the manufacture of their products and also reserve the right to amend specifications, without notice, in order to improve products or where amendment becomes necessary.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. Manufacturers may also alter specifications to improve products and Upshift Store shall endeavour to inform the buyer of any such amendment or change. In some cases, images may not be exactly identical to the final product - Upshift Store will do its utmost to ensure that all of its multimedia information are truly life-like and display the true appearance of all items, but exact similarity is not guaranteed. Upshift Store reserves the right to amend technical or clerical errors in any order, without notice. In addition, the buyer shall ensure that all details contained within the order are correct prior to submission to Upshift Store. Subsequent to delivery, Upshift Store shall accept no liability for any error or inaccuracy in order unless notified of such error within fourteen calendar days of delivery/receipt of any document containing the error.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Products or services are available exclusively online, through this website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the appearance of our products that we sell, using high quality images, and photography and videography equipment. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Ownership or Title of the Goods shall not pass to the buyer until the company has received payment in full. In the event that sums owing in respect of other items ordered remain due, apportionment by Us shall take place, without prejudice to the right to retain title or ownership in respect of all goods ordered.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same debit / credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER SUBMISSIONS
If, at our request, you send specific submissions (e.g. Blog Interactions) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials (collectively 'submissions') whether by our live chat/online form/email/post, or otherwise, you agree that we may at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium, any submissions that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - DELIVERY CHARGES
Upshift gives Free UK Delivery on all in stock products. Free delivery will be granted only to residents of mainland UK. Additional charges apply to all non UK-mainland (Isle of Man, Scottish Islands, Northern Ireland, Shetland Islands, Channel Islands, Isle of Wight, Scottish Highlands, Scilly Isles) and International deliveries ('International' being defined as any country except England, Wales, Scotland* and Northern Ireland* (* = non-mainland delivery charges may apply as mentioned previously). For orders under 10kg in total weight, free delivery is not given on small accessories (small defined as under 5kg in weight) from the Sim-Lab and Sparco Gaming brands. If the order exceeds 10kg however (i.e. multiple small accessories bought in the same order/transaction, that have combined total weight over 10kg), then Free Delivery is granted. We make every effort to deliver goods quickly, however delays are occasionally inevitable due to unforeseen factors. Upshift Store shall be under no liability for any delay or failure to deliver the products within estimated timescales. Our subsidised International shipping applies to all International orders. Our estimated delivery times are provided on a basis of which time is not of the essence, and delivery times are approximate and variable. When delivery is affected to the buyer directly or to an independent delivery contractor as agent for the buyer, risk shall pass to the buyer immediately. We do not accept deliveries to any freight forwarders or equivalent intermediaries, unless expressly agreed before the customer purchases. Due to anti-fraud measures, we only accept orders addressed to permanent residential or business premises. Premises such as hotels, student residences, freight forwarders, drop off lockers and other non-permanent residences of any type identifiable at our full discretion. Any orders with such addresses will be cancelled immediately and fully refunded to the original payment method.
Our comprehensive fraud software analyses all orders to assess fraud - we reserve the right to cancel any orders our fraud software flags as fraudulent, Where goods are stored outside of the UK, and so must be imported into the UK, delivery times may be up to 21 working days, and dispatch times may be up to 7 working days. Upshift Store does permit local collections from a warehouse / head office.
We reserve the right to reverse any orders where buyers refuse to pay fully any additional charges for shipment. Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery. Unless otherwise stated, all shipments will be dispatched within 1 working day and the transit time will be as dictated by the courier. Buyers are politely reminded to complete and return all warranty cards/documents to the manufacturer, upon receipt of goods (where applicable). Should you require another shipping method (e.g. Saturday Delivery), please contact us and we shall endeavour to fulfil your request.
SECTION 11 - FREIGHT FORWARDERS
Upshift does not ship to any freight forwarding companies or individuals in UK or abroad, henceforth referred to as 'freight forwarding companies'. We only deliver direct to the customer to their residential or business address.
Any orders placed to freight forwarding companies will be cancelled.
For any such orders where the buyer pays using PayPal, we reserve the right to deduct the entirety of the PayPal transaction fee (including any currency conversion fees) that we bear off the refund. This PayPal transaction fee is non-refundable and so we are charged this immediately and it is not returned to us, even if we refund your order. Therefore, partial refunds will be given to any orders placed shipping to freight forwarding companies and paid using PayPal.
SECTION 12 - PAYMENT INFORMATION
We take payment from your card at the time we receive your order, once we have checked your card details and stock availability. All goods/services offered are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. The option of waiting for stock or receiving a full refund will be given where you have already paid for the goods.
All information provided by you will be treated securely and strictly in accordance with the relevant UK Data Protection Act. While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will classify the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund to the original payment method. Payment can be made by credit card / debit card (processed through Shopify Pay/Stripe, our primary payments gateway) or PayPal (alternative payments gateway). PayPal payments accepted subject to 2 specific criteria outlined below:
1) 3% PayPal restocking fee non-refundable charge due to PayPal charging these non-refundable expenses. Should you edit/cancel your order, 3% of the order total cannot be refunded due to PayPal's policy of not refunding it to us.
2) A PayPal payment surcharge may apply on your order, dependent on order value. The majority of orders will be without a surcharge so order total will remain the same, however we may apply a surcharge of up to 2% for UK domestic orders, up to 5% for international orders involving currency conversion, to cover PayPal's higher fees. This will apply in addition to criterion 1 above.
Upshift Store Ltd is the registered business name of Upshift. UK Company number: 11440495; VAT number GB328028511. VAT receipts available on request, except where their supply is mandatory by law in which case will be automatically generated and sent.
We require immediate payment for all goods/services sold. If any sum payable under the Contract is not paid when due, then we will be entitled to suspend deliveries of the Goods until the full outstanding amount has been received by us. You, the buyer, will also be responsible for all costs (within reasonable justification) that we have incurred as a result of your delayed payment. Where a quotation is given, they are given on the assumption of the exact exchange rate at that instant (if applicable), that no variation in the price will be made by the supplier, and any associated trading costs do not change. In the event of a change to any of those, we shall contact the buyer regarding the amended price. Where bulk order quantities apply, buyers are hereby informed that a reduction of quantities of the goods requested than was originally ordered by the buyer, may increase the overall price per unit, and so the resultant additional cost shall be the buyers to pay.
SECTION 13 - PERSONAL INFORMATION
SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions (multimedia), pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except where required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 15 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site 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 Service 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 Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
All advice given by representatives of Upshift Store during direct contact, whether by live chat/email/form responses/messenger/otherwise is indicative only and all such advice should be checked by the buyer prior to order. Advice is given as an opinion only. Additionally, goods supplied are supplied only to correspond to the intended purpose(s) for which the manufacturers of the goods commonly supplied them for, and not for alternative uses to which they may be put. No liability for failure can be accepted by this company for such alternative use, amendment or modification, and you will also void any manufacturer warranties.
Where applicable, goods ordered by the Buyer may not be compatible with equipment that has been modified, adapted or altered from standard manufacturer specification. Where goods ordered by the buyer are not compatible by reason of modification, adaptation or alteration, Upshift Store may accept such goods back into stock entirely at its discretion and apply a restocking fee of up to 20%, and shall issue a refund by the original payment method to the buyer, except where goods are specifically ordered for the buyer, to their specifications, where no such refund will apply.
In no case shall Upshift Store Ltd, our directors, suppliers, service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation: lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. Subject to these terms and conditions, Upshift Store will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any: i) Economic losses (including without limitation: loss of revenues, data, profits, contracts, business or anticipated savings); ii) Loss of goodwill or reputation; iii) Special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions. iv) Notwithstanding the above, subject to this clause/section, Upshift Store’ aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same cause. We will take all necessary & reasonable precautions to keep the details of your order and payment secure, but, unless proven to be negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
In the unlikely event that your product is damaged in transit, or the item is faulty, please contact us by email (firstname.lastname@example.org) with images and written descriptions of your situation. In the case of loss/non-delivery by the courier, please wait 14 working days from the date of your order and then file a claim to them. It is likely the courier has made an error and there is a delay in delivery - please feel free to contact us at any time and we will do our best to assess the state of the delivery. Where goods purchased by the buyer are alleged to be faulted/damaged, the buyer agrees to return the goods to the seller in full accordance with our Returns Policy. Upon receipt of the goods within the allowed time frame, the goods will be inspected and a report generated. The buyer also accepts that it is reasonable to inform Us of any interruption, defect or other failure prior to contacting independent third parties or incurring expense and, in addition, to allow the Us to remedy the defect, failure or interruption. Parts modified or adapted in any way by the buyer shall void any manufacturer warranty, and thus shall void any obligation by Us regarding liability for any failures resulting subsequent to modification as a result of such modification. No liability is accepted by the company where buyer attempts to modify or install components supplied where it is known, or accepted as reasonably known to all as general knowledge, including the buyer, that the part supplied is incorrectly supplied or otherwise not in accordance with the order. The company accepts no liability in respect of failure to supply or other interruptions caused by matters beyond the reasonable control of the company, including but without limitation, strikes, lockouts, civil disputes, acts of God, war or actions by third parties. Upshift Store shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
Notwithstanding any other provision of this Agreement, nothing in this Agreement shall confer a benefit on any person or persons not named as the buyer herein (for the purposes of the Contract (Rights of Third Parties) Act 1999 or for any other purpose).
Upshift Store markets its products with the assumption that they will be used by a personal (non-business) user, and not by a business user, for business purposes. Where products are used for business purposes, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose. We do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item, nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition. Warranties/guarantees for products are provided entirely by the manufacturers and are subject to terms contained therein. If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected. These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party except: i) Upshift Store (as defined above) shall have the right to enforce any rights or benefits under these terms and conditions; ii) Upshift Store shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these terms and conditions; iii) A person who is a permitted successor or assignee by virtue of these terms and conditions of the rights or benefits of these terms and conditions may enforce such rights or benefits; iv) No consent from the persons referred to herein is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties). No delay or failure by Upshift Store to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and Upshift Store relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and Upshift Store for your use of this website.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Upshift Store Ltd and our partners, directors, contractors, service providers, suppliers harmless 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law. Subject to these terms, Upshift Store will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site. Upshift Store will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and further accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site. Furthermore, excluding where expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out herein, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 20 - CANCELLATION OF ORDERS AND LIABILITY
Each order will be deemed to be an offer by you to purchase the Goods upon these Conditions. You must ensure that the terms of your order are complete and accurate. The Contract is formed when the order is accepted by us, by way of a written acknowledgement of order or delivery. You acknowledge, by entering into this Contract, that you will not rely on any such representation which is not contained in our packaging or promotional literature.
Subject to conditions relating to distance sales as implied by the Distance Selling Regulations (see Section 24) you may not cancel the Contract once we have accepted it.
The following shall only apply to a buyer who purchases goods as: i) A consumer (non-trade) buyer, and ii) is resident within EEC (European Economic Community) where rights, which accrue by virtue of the Consumer Contracts Regulations, apply. A Consumer buyer shall have the right to cancel any contract for goods made by means of distance communication, in accordance with these Terms and Conditions, within fourteen working days of delivery of the goods. Special order goods shall not be returnable under the terms of this clause. Cancellation of the contract can be effected by service of a Written Notice signed by the Consumer Buyer which details clearly the Companies Sales Order Number and the name and address of the Consumer Buyer, and delivered by email to: email@example.com
If a Written Notice of Cancellation is received by the Company in accordance with the aforementioned details, the Consumer buyer shall become liable to return the goods to the Company forthwith, to such address as directed by the Company in their original packaging, in full accordance with Upshift Store's return policy.
If the Consumer buyer fails to return the goods in accordance with the aforementioned details within 14 days of the cancellation of the contract, the Company shall be entitled to collect the goods from the consumer buyer and to recover any reasonable costs involved in such collection from the consumer buyer. The Company shall then affect a refund of any monies owing to the consumer buyer in respect of the goods within 30 days from the date of cancellation, where receipt of goods by the Company has been successful. Such a refund will be subject to any set off of monies to which the Company is entitled under these clauses. The Buyer confirms that they shall comply with any or all rules and instructions relating to installation and use of the product concerned and fully accepts that any loss which results from forced, misdirected, inappropriate or unqualified installation or use shall not be accepted by the Company.
The following Goods may not be returned to us for credit:
(a) Goods which have been specially ordered at your request;
(b) Goods that have already been used or fitted or with their seals broken;
(c) Goods with damaged original packaging and/or which are not in a resalable condition;
(h) any other Goods identified to you as being in this classification, by Us.
We reserve the right to levy a 2.2% cancellation fee on any cancelled orders that are not the fault of Upshift - specifically, where a customer requests cancellation of an order due to change of mind, purchasing the wrong item or type of item, uses an incorrect payment method or uses the wrong address. All payment we receive incur a 2.2% non refundable fee, paid to the payment processing company. This fee is deducted from our funds and is strictly not refundable. Therefore when a customer request cancellation of an order for any of the above reasons, we will levy a 2.2% cancellation fee off the amount they originally paid, to prevent Upshift from incurring losses at no fault of its own.
Where the cancellation reason is attributable to Upshift or one of its partners, such as product delays, incorrect product information or incorrect item sent, we shall bear the cancellation fee incurring a loss and issue the customer a full refund, equivalent to the amount originally paid.
SECTION 21 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be emailed to us, sent to this email address: firstname.lastname@example.org.
SECTION 25 - DISTANCE SELLING ACT, AND EXCEPTIONS THEREOF
You have the right to cancel the contract relating to your order at any time up to the end of 7 working days after you receive the goods. To exercise your right of cancellation, you must give written notice to Upshift Store Ltd by email, giving details of the goods ordered and date received. Notification by other means will not suffice. If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to Upshift Store Ltd at your own cost. Returned items must be packaged properly and shipped in a strong, plain outer box that will fully protects the goods and the goods' packaging during transit. It is your responsibility to ensure returned goods are fully insured against loss and/or damage, as you are fully liable for the goods. All returned goods must be in identical condition to they were as sent, and complete including all original packaging. If goods were originally sealed, and the seal has been broken, a return will not be granted, as we cannot sell them as new. Upshift Store Ltd cannot hold responsibility for goods that are damaged or lost whilst being returned. Upshift Store Ltd will issue you a refund to the original payment method within 14 days for any sum that has been paid by you or debited from your credit card for the goods, excluding outbound postage. Upshift Store Ltd reserve the right to charge a restocking fee of up to 20% of the gross amount for all goods returned that are not required. If you do not return the goods as required, Upshift Store Ltd may charge you a sum not exceeding the direct costs of recovering the goods. The goods must be returned to: Upshift Store Ltd, Cameron House, Metro Centre, Gateshead, NE11 9XW, United Kingdom
You do not have the right to cancel the contract under the Distance Selling Act if the goods were delivered outside of the UK, or if the order is for bespoke/personalised goods, goods specifically made to order or if you are not a consumer i.e. a company, partnership, sole trader or any other commercial body or registered charity. This section/clause does not affect your statutory rights as a consumer, nor does it affect the contract cancellation rights of a consumer purchasing by means covered by the Distance Selling Regulations.
SECTION 26 - DISCOUNT CODES
Upshift occasionally offers discount code(s) or voucher(s) as an incentive to buyers for limited time periods. The following conditions apply to all discount codes: i) A minimum spend may be required (where applicable, shipping costs are excluded); ii) Upshift Store reserves the right to end promotions at any time; iii) Discount vouchers cannot be used in association with other offers; iv) Discount codes are single use per account; v) Discount vouchers cannot be applied retrospectively; vi) Specific brand exclusions may apply. If a website error occurs whereby a discount vouchers has been used in association with other offers, or more than one use of a discount codes has been used on a single account, we reserve the right to reverse an order, and fully refund the buyer to their original payment method. The buyer may buy again, adhering to the appropriate transaction conditions as stated above.
Nothing in these Terms shall affect your statutory rights.