Conditions of Use

1. Definitions and interpretation

These Terms and Conditions (“Terms”) govern our sale and your purchase of the products. In these terms:

• “contract” means the contract between us and you for the sale by us and the purchase by you of the products, which is governed by the Terms;

• “products” means the luggage and accessories which we sell to you and you buy from us in accordance with the Terms;

• “Uppercase”, “we”, “us”, “our” means Uppercase Limited (company number 5570191) whose registered office address and business address is 17 Netherfield Way, Thorpe Astley, Leicester, LE3 3TQ;

• “Website” means the website under the domain name www.uppercaseonline.co.uk; and any amendment or addition to the Website;

• “you”, “your” means the person who is using the website and buying products from us;

In these Terms reference to items in the singular also includes reference to those items in the plural and vice versa.

1. Your use of the Website and your privacy

Your use or the Website to view and buy our products is subject to Uppercase’s Terms of Website Use (see below), which you should read. By continuing to use the Website you are deemed to have accepted the Terms of Website Use.

We take your privacy and our obligations to comply with the Data Protection Act 1998 very seriously. Please read our Privacy Policy to understand our practices with regard to your personal information.

2. Our contract

2.1 You must have registered with us in order to be able to buy products from the Website. Please ensure that your details are correct when you register as we cannot be responsible for the consequences of any error in your registration details.

2.2 We do not accept orders for products from persons who are under 18 years of age.

2.3 When you place an order for products with us you agree to be bound by these Terms. These Terms will govern the contract to the exclusion of all other express terms unless we agree otherwise.

2.4 We reserve the right to vary these Terms from time to time without giving you notice. You should therefore read the Terms each time you visit the Website to buy products to make sure that you are aware of the Terms that will apply to our sale and your purchase of products at that time.

2.5 Your order and your payment are an offer to buy the products, which we may accept or reject for any reason at our discretion.

2.6 When we receive your order we will send you an email confirming that we have received your order and confirming the details of your order and setting out these Terms (“Confirmation Email”). The Confirmation Email does not constitute acceptance of your order. Please check the details of your order on the Confirmation Email and contact us as soon as possible by email (contactus@uppercaseonline.co.uk) or by telephone +44 (0)116 229 5783) if there is any error in your order. You should also print a copy of the Confirmation Email for your records.

2.7 Our acceptance of your order occurs, and the contract is made and is performed by us, when we despatch the products to you. We will despatch the products to you only when we have received your payment for the products in full. When we despatch the products to you we will send you an email to tell you that we have done so.

2.8 The contract will be governed and construed by the law of England and any dispute between you and us regarding these Terms or the products will be subject to the jurisdiction of the English courts. The contract will be in the English language.

2.9 The availability of each product that you wish to order is displayed on the Website when you select it. This is an indication of availability only and we do not guarantee that the products are, or will be, available, as this will depend on supplies of the products to us by our suppliers. If after you submit your order the product that you have ordered is not available we will contact you to tell you this and give you details of available alternative products of similar quality and price to the products that you ordered. Please note that there may be a waiting time for the replacement products. You can then decide either to order the alternative products in place of the products that you had originally ordered or you can cancel your order. If you decide to cancel your order we will provide you with a complete refund of the price that you have paid.

2.10 The products are manufactured by third parties. Each product may vary slightly in detail from the description and the image on the Website. The descriptions and images of the products on the Website are for illustration purposes only and we cannot guarantee that they are a completely accurate representation of the products. Shades of colours on the images on the Website and/or how they are displayed on your computer screen may vary from the actual shades of the colours of the products and we cannot accept liability for these variations.

2.11 All products are handmade from genuine leather. Each piece of leather has its own unique graining, texture and markings and, because of its unique, natural properties, it will respond differently to the dyeing process resulting in variations in shades of colour. For these reasons the shade, texture and markings of the products that you receive will differ from those of the products displayed on the Website. No two products are identical. These features and differences are not to be regarded as defects. If, however, you are unhappy with the products that you receive you may return them to us. Please see our Returns policy below. To minimise mismatch in shading, if you wish to buy a matching set of products we recommend that you to buy all parts of the set at the same time.

2.12 Over time, the leather and metal fittings of the products may change in colour. This is normal with wear and tear. The leather and metal fittings may also react to water and direct sunlight or heat. These conditions could in certain circumstances also cause the dye of the leather to run or to rub off on to other materials. To minimise the risk of these occurrences, it is important to take care of the products by keeping them dry and by avoiding prolonged, direct sunlight and heat and using good quality leather protection products.

3. Price of the products and payment

3.1 Subject to clause 3.2, the price for the products that you order will be the price shown on the Order page on the Website. Please note that the price of products may have changed between the time that you placed the product in the shopping cart and when you confirm your order.

3.2 Any discounts on products that are advertised on the Website are subject to availability and will be available for a limited time, which will be indicated on the Website.

3.3 We endeavour to ensure that the prices stated on the Website are correct. If, however, we discover after you have placed your order that the price stated on the Website is incorrect, we will contact you as soon as possible to inform you of the error and of the correct price. If the correct price is higher than the price originally displayed on the Website, you can choose between confirming your order and paying the correct (higher) price for the products or cancelling your order. If you do not choose either of these options we will be entitled to reject your order. If you confirm your order at the correct (higher) price we will, if you are paying by debit or credit card, debit that price from your debit card or credit card (or if we have already taken payment from your card, we will then debit the difference between the price paid and the correct price from your card). If we have agreed to accept payment from you by cheque or banker’s draft, we will ask you to send us a further cheque or banker’s draft for the amount of the difference between the original price and the correct price.

If the correct price is lower than the price originally displayed on the Website, we will, refund the difference between the correct (lower) price and the price that you have paid to your credit card or debit card or by cheque or banker’s draft as appropriate.

If we discover an error in the price after we have sent the products to you:

• if the correct price is lower than the price you have paid, we will re-credit the difference between the price you have paid and the correct price to your credit card or debit card or otherwise refund you the difference; or

• if the correct price is higher than the price that you have paid, we will accept the price that you have paid and will not require you to pay the higher price.

3.4 All prices are stated in pounds Sterling and are inclusive of VAT (where payable) at the prevailing rate. If the VAT rate increases after you have submitted your order and before we send the products to you, we will contact you to inform you of this increase.

3.5 In addition to the price for the products, we will also charge you for delivering the products to you. This delivery charge is payable at the same time as when you pay for the products. Our delivery charges are set out in clause 4 below.

3.6 If you are ordering the products from outside the European Union, you are responsible for paying any import duty that is payable on the products.

3.7 We accept payment by all major credit cards and debit cards including Visa, Mastercard, American Express, Switch and Solo. We do not accept payment by cheque or banker’s draft but may be able to make an exception to this. You must contact us to discuss payment by either of these methods before placing your order. If we do agree to accept payment by cheque or banker’s draft we will only accept drafts or cheques drawn on a UK bank and will not despatch the products to you until the cheque or banker’s draft has cleared.

3.8 We use the HSBC Secure ePayments Card Processing service to process your credit card or debit card payment. Our Website uses encryption software (128 bit ssl encryption) that converts your credit card or debit card details into a code which is transmitted securely to HSBC ePayments Card Processing for processing and cannot be read by anyone else. We do not store your credit card or debit card details on the Website once they are forwarded to HSBC ePayments Card Processing. Your card details will be checked and verified with your card issuer. You will receive a message in your browser window once the transaction is completed and the Website will generate a receipt.

3.9 We will not despatch your order to you until your card payment is authorised. We accept no liability for any delay in supplying or non-supply of the products which results from your card issuer’s delay in authorising, or refusal to authorise, payment on your credit card or debit card.

4. Warranties and liability

4.1 All products purchased from us carry a 12-month guarantee against defective manufacture.

4.2 If you are buying products as a consumer your statutory rights are not affected by these Terms.

4.3 If the products that you receive are faulty, we will provide you with the remedies set out in clause 5.5 above. We will not, however, be liable for any faults in the products which are caused by wear and tear, neglect, wilful damage, abnormal use or failure to follow instructions for the care of, and avoidance of damage to, the products. If the products become damaged through use we can recommend or arrange to have the products repaired or restored at additional cost.

4.4 Nothing in these terms excludes or limits our liability for:

4.4.1 death or personal injury caused by our negligence;

4.4.2 liability for defective products under the Consumer Protection Act 1987; or

4.4.3 fraud or fraudulent misrepresentation.

4.5 Subject to clause 4.4 above, we will not be liable to you as a result of any representation or any implied warranty, condition or other term, or any duty at common law, or under the terms, for any direct loss or loss of profit or for any other indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by our negligence or otherwise) which arise out of or in connection with the supply of the products to you (including any delay in delivering or failure to deliver the products) or their use by you and our total liability to you in connection with the contract will be limited to the total price that you pay us for the products.

4.6 We will not be liable to you or be deemed to be in breach of the contract as a result of any delay in performing or failure to perform any of our obligations relating to the products if our delay or failure is due to any cause beyond our control. These causes include, but are not limited to, Acts of God, explosion, flood, fire, storm, war, riot, national emergency, strikes or other industrial action or power failure.

5. General

5.1 These Terms are personal to you and you may not assign the benefit of the contract to a third party without first obtaining our consent to do so. We reserve the right to assign our rights or to novate or sub-contract our obligations under the contract to a third party.

5.2 If any of these Terms is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void or unenforceable, it shall to the extent of that illegality, invalidity, voidness or unenforceability be deemed to be severed from the contract and the remaining terms and, if applicable, the remainder of the term, will continue in full force and effect.

5.3 We aim to provide you with the best possible service. If, however, you are not happy with any aspect of our service to you or if you have any suggestions as to how we might improve our service, we would like to hear from you. Please email your feedback and/or suggestions to us at complaints@uppercaseonline.com, write to us at 17 Netherfield Way, Thorpe Astley, Leicester LE3 3TQ or telephone us on +44 (0)116 229 5783.

TERMS OF WEBSITE USE

In these Terms of Website Use (“terms”)

• “we”, “us”, “our” means Uppercase Limited (company number 5570191) whose registered office address and business address is 17 Netherfield Way, Thorpe Astley, Leicester, LE3 3TQ;

• “website” means the website under the domain name www.uppercaseonline.co.uk;

• “you”, “your” means the person visiting our website.


Legal notice

These terms govern your use of the website and apply to all contents of the website and to any email correspondence between you and us. By using the website and by accessing any part of it you are deemed to have accepted these terms. If you do not accept the terms you must leave the website immediately

1. Introduction

1.1 You may access most areas of the website without having to first register your details with us. You will not be able to purchase products or receive emails from us giving you details of our products and when they are available to buy unless you register with us.

1.2 These terms are subject to change at any time by updating this posting. You should therefore read the terms each time you visit the website to make sure that you are aware of and accept the terms that apply to your use of the website during each particular visit.

2. Copyright

Unless indicated otherwise on the website, the copyright and other intellectual property rights in the contents of the website (including photographs and graphical images) are owned by Uppercase or our licensors. Your use of extracts from the website other than in accordance with clause 3 below for any purpose is strictly prohibited. If you breach this term, your permission to use the website automatically ends and you must immediately destroy any downloaded or printed extracts images or text the website. We reserve all other intellectual property rights.

3. Licence

3.1 You may print and download images and text from the website for your own personal, non-commercial use provided that:

(a) you download only for viewing purposes and (in the case of any order that you have made) for your records;

(b) you do not modify, copy, distribute, display, publish, transfer or store information or related graphics displayed on the website in any way; and

(c) you do not use graphics on the website separately from the text to which the graphics relate.

3.2 Subject to clause 3.1, you must not reproduce or store any part of the website in any other website or include it in any public or private electronic retrieval system or service without first obtaining our written permission.

4. Links to and from other Websites

4.1 The website may from time to time contain links to other websites. Any links to third party websites are provided for your convenience only. If you use these links, you leave the website. We will not have checked any links to third party websites and we have no control over and are not responsible for those websites or their content or availability (including their privacy policy). Providing a link to another website is not to be interpreted as meaning that we endorse or make any representations about these websites, or any material found on them, or any results that you may obtain from using them. Your access to any third party website linked to the website is entirely at your own risk.

4.2 You are permitted to link to the website provided that you link to, but do not replicate, the home page of the website and on condition that:

(a) you agree that we accept no liability in respect of any such link

(b) you do no remove, distort or otherwise alter the size or appearance of our logo;

(c) you do not create a frame or any other browser or border environment around the website;

(d) you do not in any way give the impression that we are endorsing any products or services other than our own;

(e) you do not make any misrepresentations in relation to your relationship with us nor present any other false information about us;

(f) you do not otherwise use our trade mark displayed on the website without first obtaining our written permission;

(g) you do not link from a website that is not owned by you; and

(h) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.


4.3 We reserve the right to revoke the permission granted in clause 4.2 for breach of these terms and take any other action that we think is appropriate.

4.4 You will fully indemnify us and keep us indemnified for any loss or damage suffered by us as a result of your breach of clause 4.2.

5 Registration

5.1 You must register with us in order to be able to buy products on the website and to receive updates from us. You must provide full, correct and current registration details. We will not be responsible for any loss, expenses or damage caused by your failure to do so.

5.2 Your registration is for your use only. You are not permitted to share your user name and password with any other person or with multiple users on a network.

5.3 We reserve the right in our absolute discretion to terminate your registration at any time.

5.4 You are responsible for the confidentiality and security of your username and password and for transactions or other activities undertaken using your username and password, whether carried out by your or by someone else using your username and password. We will not be liable for any loss or damage arising as a result of you failing to keep your password secure.

5.5 You must notify us by email (contactus@uppercaseonline.co.uk) or telephone (0116 229 5783) if you suspect any breach of the security of your username and password. We will not be liable for any loss or damage arising as a result of you failing to keep your password safe.

6 Your Material

6.1 Other than personally identifiable information which is covered under our Privacy Policy (insert link here), which you should read, any material that you transmit or post to the website will be considered non-confidential and non-proprietary. We will have no obligations with respect of this material and we are free to copy, disclose, distribute, incorporate and otherwise use this material and all data, images, text and other items that it contains for any and all commercial or non-commercial purposes.

7 Your Conduct

7.1 You must use the website in accordance with any and all applicable rules and regulations.

7.2 You must not post or transmit to or from the website any material that:

(a) is threatening, defamatory, obscene, indecent, offensive, pornographic. Abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, in breach of privacy or which may cause annoyance or inconvenience; or

(b) constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law or infringe the rights of any third party, in any country in the world; or

(c) is technically harmful (including, but not limited to, computer viruses, corrupted data or other malicious software or harmful data)

7.3 You must not misuse the website (including, for example, by hacking).

7.4 Please be advised that we will fully co-operate with any law enforcement authorities or Court order requesting or directing us to disclose the identity or locate anyone who posts any material on the website in breach of clause 7.2.


8 Disclaimer

8.1 While we try to ensure that the website is normally available 24 hours a day, access to the website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons which are beyond our control. We will not be liable if for any reason the website is unavailable at any time or for any period.

8.2 While we try to ensure that the information on the website is correct we do not warrant that the material on the Website is accurate and complete or up to date. We accept no liability for any loss or damage which may result from your use of the information on the website. We may make changes to the material on the website, or products and prices described in it, at any time without notice.

8.3 We will only accept your order for products if there is no error in the product description or the product price as they are displayed on the website.

8.4 The material on the website is provided “as is”, without any conditions, warranties or other terms of any kind. Therefore, to the fullest extent permissible by law, we exclude all representations, warranties, conditions and other terms (including, but not limited to, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) with respect to this respect which, but for this legal notice, might have effect in relation to the website. Your statutory rights as a consumer are not affected.

8.5 You acknowledge that communications between you and us by email are not secure. You agree to accept the risk of email correspondence by you and us being intercepted and read by a third party without your or our consent. You should not therefore send us your credit card or debit card details by email. We will not be liable for any damage, loss or expenses incurred by you as a result of unauthorised interception of email correspondence between you and us.


9 Liability

9.1 To the fullest extent permitted by law, and subject to clause 9.2 below, we and any other party (whether or not involved in creating, producing, maintaining or delivering the website), exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including but not limited to, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on those websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property as a result of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.

9.2 Nothing in this legal notice will exclude or limit our liability for:

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

(b) fraud; or

(c) misrepresentation as to a fundamental matter; or

(d) any liability which cannot be excluded or limited under applicable law.

9.3 You are responsible for all the costs of any servicing, repair or correction of equipment, software or data required as a result of accessing the website.

9.4 You will indemnify us and keep us indemnified against all liabilities, damages, losses, costs and expenses that we incur as a result of your breach of these terms.

10. Law and jurisdiction

These terms are governed by and construed in accordance with laws of England and any disputes arising in connection with the Website Terms will be subject to the exclusive jurisdiction of the courts of England.