1.1What these terms cover. These terms tell you who we are and the legal terms and conditions on which we supply products to you. Our Privacy Policy, Cookie Policy, Website Terms of Use and Acceptable Use Policy also apply to your use of our website and our handling of your personal data, but are separate from and do not form part of any contract of sale between us.

1.2Why you should read them. These terms will apply to any contract between us for the supply of products to you. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. Before placing an order you will be asked to agree to these terms. If you do not accept these terms, you will not be able to order products from us.

1.3You should print a copy of these terms or save them to your computer for future reference.

1.4These terms, and any contract between us, are only in the English language.

1.5Interpretation. In these terms: a “consumer” means an individual acting wholly or mainly outside their trade, business, craft or profession; a “business customer” means any customer who is not a consumer; “products” means the goods we supply to you; and a “business day” means any day other than a Saturday, Sunday or public holiday in England.

1.6In these terms, any words following the terms “including”, “include”, “for example” or similar expressions are illustrative and do not limit the meaning of the words preceding them. A reference to any statute or statutory provision is a reference to it as amended or re-enacted from time to time. Clause headings are for convenience only and do not affect the interpretation of these terms.

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2.1Who we are. We operate the website https://www.urbaboxx.co.uk/. We are Drakes Display Ltd, a company registered in England and Wales. Our company registration number is 07145595 and our registered office is at 11/13 Bridge Street, Bailie Gate Industrial Estate, Sturminster Marshall, Dorset, BH21 4DB, UK. Our registered VAT number is GB985180978.

2.2How to contact us if you are a consumer. You can contact us by telephoning our customer service team at 01258 444944 or by writing to us at hello@urbaboxx.co.uk and 11/13 Bridge Street, Bailie Gate Industrial Estate, Sturminster Marshall, Dorset, BH21 4DB.

2.3How to contact us if you are a business. You can contact us by telephoning our customer service team at 01258 444944 or by writing to us at hello@urbaboxx.co.uk and 11/13 Bridge Street, Bailie Gate Industrial Estate, Sturminster Marshall, Dorset, BH21 4DB. If you wish to give us formal notice of a matter in accordance with these terms, please see clause 17.

2.4How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.5“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

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3.1Our shopping pages will guide you through the steps you need to take to place an order with us. 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.

3.2We also accept orders by telephone and email. If you would like to order any products by telephone please call 01258 444944 or email us on hello@urbaboxx.co.uk and one of our representatives will guide you through the steps you need to take to place an order with us. When you place an order by telephone or email, our representative will make these terms available to you, including on our website. By placing a telephone order or email order you confirm that you have had the opportunity to review these terms and you accept them.

3.3How we will accept your order. Your order is an offer to buy products from us. Any acknowledgement of your order that we send (for example, an automated email confirming we have received your order) does not constitute acceptance of your order. Our acceptance of your order takes place when we send you a dispatch confirmation or an invoice, at which point a contract will come into existence between you and us. If we are unable to accept your order, clause 3.4 applies.

3.4If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. If you have already paid for the products, we will refund you the full amount including any delivery costs charged as soon as possible.

3.5Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.6Where we sell our products. We deliver our products to addresses in the UK and to the countries listed on our delivery page. However, there are restrictions on some products for certain delivery destinations, so please review the information on that page carefully before ordering products.

3.7If you order products from us for delivery to one of the international delivery destinations, 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. 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.

3.8You 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.

Clauses 3.9 and 3.10 only apply if you are a consumer.

3.9If you are a consumer, you may only purchase products from us if you are at least 18 years old.

3.10Certain products can only be purchased if you satisfy the legal age requirement for that product. We are not allowed by law to supply these products to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order these products from us.

Clauses 3.11 to 3.15 only apply if you are a business.

3.11If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you purchase products from us.

3.12These Terms of Sale, together with any Credit Account Terms where applicable, constitute the entire agreement between you and us in respect of the supply of products and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. For the avoidance of doubt, our Privacy Policy, Cookie Policy, Website Terms of Use and Acceptable Use Policy govern your use of our website and our handling of your personal data and are not part of the contract of sale.

3.13You acknowledge that in entering into a contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms of Sale.

3.14You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this contract.

3.15Precedence of terms for purchase order customers. Where you submit a purchase order containing your own terms and conditions, those terms shall not apply and these Terms of Sale shall prevail. No terms or conditions endorsed on, delivered with, or contained in your purchase order, confirmation of order, specification or other document shall form part of the contract unless expressly agreed by us in writing.

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4.1Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

4.2Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website may be subject to normal manufacturing tolerances and should be treated as approximate.

4.3Product packaging may vary. The packaging of the product may vary from that shown on images on our website.

4.4Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website or by contacting us.

4.5Pre-sale product guidance. Where we provide advice, recommendations or suggestions regarding the suitability of products prior to or during the order process, such guidance is provided in good faith and based on the information available to us at the time. While we will use reasonable care and skill in providing such guidance, the final decision to purchase remains yours and you should satisfy yourself that the products are suitable for your intended purpose. Any liability arising from guidance we provide is subject to the limitations and exclusions set out in clauses 14 and 15 (as applicable).

4.6Suitability and load capacity. It is your responsibility to ensure that any products you order are appropriate for your intended application, including verifying that the weight-bearing capacity of any shelving, racking or storage product is sufficient for the loads you intend to place upon it. All load capacities stated on our website or in our product literature refer to evenly distributed loads (commonly referred to as UDL — uniformly distributed load) unless expressly stated otherwise. Where applicable, products should be used in accordance with the relevant industry guidelines and standards for storage equipment. We shall not be liable for any loss, damage or injury arising from overloading, uneven loading or use of products in a manner inconsistent with their stated specifications or applicable industry guidelines.

4.7Assembly, installation and ongoing maintenance. Where products require assembly or installation, they must be assembled and installed by a suitably competent person in accordance with the assembly instructions or guidance we provide. For industrial racking and heavy-duty storage systems, we recommend that installation is carried out by a suitably qualified and experienced installer. All shelving, racking and wall-mounted products should be inspected periodically by a competent person to ensure they remain in safe working condition. We shall not be liable for any loss, damage or injury arising from incorrect assembly, improper installation, failure to follow our assembly guidance, or failure to carry out reasonable ongoing inspection and maintenance.

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5.1If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

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6.1We may amend these terms from time to time. Please see the date at the end of these terms to see when they were last updated.

6.2Every time you order products from us, the Terms in force at the time of your order will apply to the contract between you and us.

6.3If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes. You may cancel either in respect of all the affected products or just the products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

6.4Minor changes. We may change the product and these terms to reflect changes in relevant laws and regulatory requirements and change the product to implement minor technical adjustments and improvements (which will not affect your use of the product) but, if we do so, we will notify you and explain the effects of these changes before the changes take effect.

6.5More significant changes to the products and these terms. In addition, we may make more significant changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.

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7.1Delivery costs. The costs of delivery will be as displayed to you on our website, quoted to you as part of your order, or otherwise notified to you before you place your order.

7.2When we will provide the product. We or our carrier will deliver the goods to you as soon as reasonably possible and if you are a consumer in any event within 30 days after the day on which we accept your order, or we will contact you with an estimated delivery date.

7.3We are not responsible for delays outside our control.

7.3.1An event outside our control means any act or event beyond our reasonable control, including for example 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, pandemic or other natural disaster, failure of public or private telecommunications networks, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, disruption to international supply chains or manufacturing, government sanctions, trade restrictions, embargoes or export controls, or shortage of raw materials or components.

7.3.2If you are a consumer. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.3.3If you are a business. 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 as defined in clause 7.3.1. If an event outside our control takes place that affects the performance of our obligations under a contract, we will contact you as soon as reasonably possible to notify you and our obligations will be suspended for the duration of the event. Where the event affects our delivery of products to you, we will arrange a new delivery date with you after the event is over.

7.3.4If any event outside our control continues for a period of more than 60 days, either you or we may give written notice to the other to end the affected contract. On such termination, we will refund any sums you have paid in advance for products not yet delivered, and neither party will have any further liability to the other except for rights and liabilities that accrued before termination.

7.4Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our normal working hours on weekdays (excluding public holidays).

7.5If you are not available when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we or our carrier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot, or we will leave your product in a safe place if you have instructed us or our carrier to do so. Products left in a safe place are left entirely at your risk.

7.6If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.

Clauses 7.7 to 7.9 (inclusive) only apply if you are a consumer.

7.7Your legal rights if we deliver late. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:

7.7.1we have refused to deliver the products;

7.7.2delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

7.7.3you told us before we accepted your order that delivery within the delivery deadline was essential.

7.8Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.7, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

7.9Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.7, you can cancel your order for any of the products or reject products that have been delivered. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection.

7.10When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.

7.11When you own goods. Subject to clause 13 (retention of title), you own a product which is goods once we have delivered the goods and received payment in full of all sums due to us in respect of the products.

7.12What will happen if you do not give the required information to us. We may need certain information from you so that we can supply the products to you. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.

7.13Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to deal with technical problems, make minor technical changes, update the product to reflect changes in relevant laws and regulatory requirements, or make changes to the product as requested by you or notified by us to you (see clause 6).

7.14Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product unless the problem is urgent or an emergency. If we have to suspend the product for longer than 7 days in any 30 day period we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 7 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

7.15We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 12.5) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will not suspend the products where you dispute the unpaid invoice (see clause 12.7). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.6).

7.16Kerb-side Pallet Delivery. Large, heavy, bulky items are marked as “Heavy Items” and are delivered kerb-side by one driver, who is not authorised to carry goods up or down steps or through a property. Due to the weight and size of these items, you will need able people to assist the driver with unloading the item. You must ensure that a curtain-side or articulated lorry can have access and park within close proximity to the specified delivery address. It is your responsibility to advise us if your delivery address is subject to any access or parking restrictions and not suitable for large vehicles, in which case we will try and arrange alternative means of delivery which may be subject to extra charges.

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This clause 8 only applies if you are a consumer.

8.1You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract.

8.1.1If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 11.

8.1.2If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2.

8.1.3If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.

8.1.4In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.

8.2Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 8.2.1 to 8.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

8.2.1we have told you about an upcoming change to the product or these terms which you do not agree to;

8.2.2we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

8.2.3there is a risk that supply of the products may be significantly delayed because of events outside our control;

8.2.4we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 7 days; or

8.2.5you have a legal right to end the contract because of something we have done wrong (including because we have delivered late, see clause 7.7).

8.3Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.4Our goodwill guarantee for Mainland UK consumers. These terms reflect the goodwill guarantee offered by Drakes Display Ltd to its UK consumer customers, which is more generous than your legal rights under the Consumer Contracts Regulations 2013 in that we offer a 30-day period to change your mind (the law requires 14 days). The goodwill guarantee applies to all qualifying products, provided they are unused, unassembled, in their original and resaleable condition, and are not bespoke or made-to-order items. Where you return goods under our goodwill guarantee, you are responsible for the cost of return: for parcel goods, you may arrange the return yourself or request our collection at the applicable charge set out in our Returns Policy; for pallet-sized deliveries, you must arrange and pay for the return, and no collection service is offered. This goodwill guarantee is offered in addition to and does not affect your statutory rights, including your right under the Consumer Contracts Regulations 2013 to cancel within 14 days of receiving your goods, subject to paying the cost of return. Please check our Returns Policy for further information on which goods are covered, any applicable charges, and the process for returning items.

8.5When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:

8.5.1any products that are made to your specifications or are clearly personalised;

8.5.2products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

8.5.3any products which become mixed inseparably with other items after their delivery.

8.6How long do I have to change my mind? If you have bought goods you have 30 days after the day you (or someone you nominate) receives the goods, except that: (a) if your goods are split into several deliveries over different days, you have until 30 days after the day you (or someone you nominate) receives the last delivery; and (b) if your goods are for regular delivery over a set period, you have until 30 days after the day you (or someone you nominate) receives the first delivery.

8.7Ending the contract where we are not at fault and there is no right to change your mind. If you do not have any other rights to end the contract (see clause 8.1), you can still contact us before it is completed and tell us you want to end it. If you do this the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund compensation for the net costs we will incur as a result of your ending the contract.

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This clause 9 only applies if you are a consumer.

9.1Tell us you want to end the contract. To end the contract with us, please let us know by phone on 01258 444944, by email at hello@urbaboxx.co.uk, via the cancellation form on our website, or by post to our registered address. Please provide your name, home address, details of the order, and where available your phone number and email address.

9.2Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

9.3When we will pay the costs of return. We will pay the costs of return if the products are faulty or misdescribed; if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control, or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances, you must pay the costs of return. Where a return and handling charge applies under our Returns Policy, this will be deducted from your refund or charged separately as notified to you during the order process.

9.4What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery, see our delivery page.

9.5How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described in clause 9.6.

9.6Deductions from refunds. If you are exercising your right to change your mind: (a) we may reduce your refund of the price to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be reasonably permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; (b) the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer; and (c) any return and handling charge set out in our Returns Policy as notified to you during the order process will be deducted.

Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

9.7When your refund will be made. We will make any refunds due to you as soon as possible. If we have not offered to collect the goods, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

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10.1We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

10.1.1you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;

10.1.2you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;

10.1.3you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or

10.1.4you do not, within a reasonable time, allow us access to your premises to supply the services.

10.2You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

10.3We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will endeavour to let you know at least 14 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

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11.1How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01258 444944 or write to us at hello@urbaboxx.co.uk and 11/13 Bridge Street, Bailie Gate Industrial Estate, Sturminster Marshall, Dorset, BH21 4DB, UK.

Clauses 11.2 and 11.3 only apply if you are a consumer.

11.2Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Under the Consumer Rights Act 2015, goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:

For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.

11.3Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection.

Clauses 11.4 to 11.12 only apply if you are a business.

11.4If you are a business customer we warrant that on delivery any products which are goods shall:

11.4.1conform in all material respects with their description;

11.4.2be free from defects in material and workmanship for a period of one (1) year (or where we provide an extended warranty, for the period specified);

11.4.3be of satisfactory quality (within the meaning of the Sale of Goods Act 1979, as amended); and

11.4.4be fit for any particular purpose made known to us by you in writing before the contract was made, where you have relied, and it was reasonable for you to rely, on our skill and judgement in that respect.

11.5Subject to clause 11.6, if you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 11.4, and we are given a reasonable opportunity of examining such products, and you return such product to us at our cost, we shall at our option repair or replace the defective product or refund the price of the defective product in full.

11.6We will not be liable for a product’s failure to comply with the warranty in clause 11.4 if:

11.6.1you make any further use of such product after you discover the non-compliance;

11.6.2the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;

11.6.3the defect arises as a result of us following any drawing, design or specification supplied by you;

11.6.4you alter or repair the product without our written consent; or

11.6.5the defect arises as a result of fair wear and tear, wilful damage, negligence or abnormal working conditions.

11.7Except as provided in clauses 11.4 to 11.12, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 11.4.

11.8These terms shall apply to any repaired or replacement products supplied by us under clause 11.5.

11.9Reporting damage, shortages or incorrect deliveries. If you are a business customer, you must notify us in writing (by email to hello@urbaboxx.co.uk) of any damage to, defect in, shortage of or error in the products within 2 business days of delivery. You may report the issue initially by telephone on 01258 444944 but must confirm in writing by email within 24 hours of your telephone notification. Your notification must include your order number, a description of the issue, and where relevant, photographs showing the damage or defect. You must retain the products and their original packaging pending our investigation. If you fail to notify us within the timeframe specified in this clause, we may at our discretion decline your claim, except where the defect could not reasonably have been discovered upon inspection at the time of delivery.

11.10Non-delivery claims. If you are a business customer and you believe that products have not been delivered, you must notify us in writing within 5 business days of the expected delivery date. If you do not notify us within this period, we may at our discretion decline to investigate the claim, as our ability to trace consignments with carriers diminishes over time.

11.11Time limitation for business claims. Any claim by a business customer in respect of products which are alleged not to comply with the warranty in clause 11.4 must be notified to us in writing within 12 months of the date of delivery. We shall have no liability for any such claim notified after that period. This clause does not limit any claim in respect of the matters set out in clause 15.5.

11.12No set-off by business customers. If you are a business customer, all amounts due to us under a contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law). You may not deduct amounts you believe we owe you from payments due to us under a separate or the same contract, unless the amount has been agreed by us in writing as due and payable to you. Any disputed claims must be pursued independently and do not entitle you to withhold payment.

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12.1Where to find the price for the product. The price of the product (which includes VAT where applicable) will be the price indicated on our website, in our quotation to you, or otherwise confirmed to you when you place your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 12.4 for what happens if we discover an error in the price of the product you order. The price of the product does not include delivery charges. Our delivery charges are as advised to you before you confirm your order, whether during the online checkout process, in our quotation, or otherwise.

12.2Inclusion of VAT. Please note that the price that you will pay is the VAT inclusive amount (where applicable) at the applicable current rate chargeable in the UK for the time being.

12.3We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

12.4What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price, we will charge the lower amount. If the product’s correct price is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mis-pricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

12.5When you must pay and how you must pay. We accept payment by credit card, debit card, American Express, PayPal, via bank transfer and via a credit account or purchase order. The ability to purchase goods using a credit account or a purchase order is only available to business customers, is solely at our discretion and is subject to our separate Credit Account Terms. Credit facilities can be withdrawn by us at any time on reasonable notice. You must pay for the products before we dispatch them unless purchasing via a credit account or purchase order, in which case payment is due within the period specified in our Credit Account Terms (or, if none is specified, within 30 days of the date of our invoice).

In the event that your credit or debit card is charged before your order is accepted, a full refund (including any delivery costs charged) will be issued as soon as possible in the event that we do not accept your order or should you decide not to proceed with the order. In these circumstances, please contact us.

12.6We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount. If you are a business, we also reserve the right to claim statutory interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998 as an alternative to interest under this clause.

12.7What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.

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13.1Title to the products shall not pass to you until we have received payment in full of all sums due to us in respect of the products and all other sums which are or which become due to us from you on any account.

13.2Until title to the products has passed to you, you shall:

13.2.1store the products separately from all other goods held by you so that they remain readily identifiable as our property;

13.2.2not remove, deface or obscure any identifying mark or packaging on or relating to the products;

13.2.3maintain the products in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;

13.2.4notify us immediately if you become subject to any insolvency event (as defined in clause 13.3); and

13.2.5give us such information relating to the products as we may require from time to time.

13.3For the purposes of this clause, an “insolvency event” means any of the following: the passing of a resolution for winding up, the making of an administration order or the appointment of an administrator, the appointment of a receiver or administrative receiver over any of your assets, the making of a company voluntary arrangement, the entry into a scheme of arrangement, the making of a bankruptcy order (in the case of an individual or unincorporated business), or any event analogous to the foregoing in any jurisdiction. If before title to the products passes to you, you become subject to any insolvency event, or we reasonably believe that any such event is about to happen and notify you accordingly, then, without limiting any other right or remedy we may have, we may at any time require you to deliver up all products in your possession that have not been resold, or irrevocably incorporated into another product, and if you fail to do so promptly, enter any premises of yours or of any third party where the products are stored in order to recover them.

13.4You may use the products in the ordinary course of your business (including, where the products are purchased for incorporation into your premises or for use in connection with your trade, using them for that purpose) before we receive payment. However, if you sell products before that time you do so as principal and not as our agent and title to the products shall pass from us to you immediately before the time at which they are sold by you.

13.5If you resell any products before title has passed to you in accordance with clause 13.4, you shall hold such part of the proceeds of sale as represents the amount owed by you to us on trust for us and shall pay such proceeds into a separate bank account. This obligation shall not impose any liability on us to any third party and does not create a charge over the proceeds.

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This clause 14 only applies if you are a consumer.

14.1We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

14.2We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2; and for defective products under the Consumer Protection Act 1987.

14.3When we are not liable for business losses incurred by consumers. If you are a consumer and you use the products for any commercial, business or re-sale purpose (rather than for domestic and private use), we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. This clause does not apply to business customers, who are covered by clause 15.

14.4Cap on our liability to consumers. Subject to clause 14.2, our total liability to you for all losses arising under or in connection with the contract, other than losses arising from breach of your statutory rights under the Consumer Rights Act 2015, shall not exceed the total price paid by you for the products. This does not affect your statutory rights.

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This clause 15 only applies if you are a business.

15.1Permitted use of products. We supply the products for use by your business in connection with your trade, including for installation in your premises, incorporation into fit-out projects, and use by your employees, customers or end users. You may resell the products to your own customers in the ordinary course of your business. When you do so, you must not make any inaccurate, misleading or unauthorised representations about the products, including as to their origin, specifications, compliance or performance, and you must not hold out our branded products as your own.

15.2Reselling our products. If you resell our products, you must pass on all product information, assembly guidance, load capacity ratings, safety warnings and other information we provide, and you are responsible for any claim arising from your failure to do so.

15.3Product recalls and safety notices. If we need to recall or issue a safety notice about any products, you will give us reasonable help to contact affected customers and to return the goods.

15.4Confidentiality. Treat any pricing or commercial terms we agree with you that are not publicly available as confidential.

15.5Nothing in these terms limits or excludes our liability for:

15.5.1death or personal injury caused by our negligence;

15.5.2fraud or fraudulent misrepresentation;

15.5.3breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

15.5.4defective products under the Consumer Protection Act 1987.

15.6Except to the extent expressly stated in clauses 11.4 to 11.12, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

15.7Subject to clause 15.5, 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:

15.7.1any loss of profits, sales, business, or revenue;

15.7.2loss or corruption of data, information or software;

15.7.3loss of business opportunity;

15.7.4loss of anticipated savings;

15.7.5loss of goodwill; or

15.7.6any indirect or consequential loss.

15.8Subject to clause 15.5, our total liability to you in respect of all 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 the price of the products.

15.9Allocation of risk. You acknowledge that the limitations and exclusions of liability in these terms reflect the allocation of risk between us, are taken into account in setting the price of the products and are reasonable in the circumstances. If you require us to assume a greater degree of liability, you may request this in writing before placing your order, and we may agree to do so subject to an adjustment to the price or to you obtaining appropriate insurance.

15.10Goodwill returns for business customers. As a gesture of goodwill, and in addition to your rights in respect of faulty products under clauses 11.4 to 11.12, we may at our discretion accept the return of products by business customers within 30 days of delivery where you have changed your mind. Any such return is accepted entirely at our discretion and is conditional on the products being unused, in their original condition and in their original packaging, and in a resaleable state.

15.11Returning the products. Where we accept a goodwill return, you must arrange and pay for the return of the products to us, or you may request that we arrange collection. Where we arrange collection, a return and handling charge will apply as set out in our Returns Policy at the time of your return. For heavy goods and pallet-delivered items, you are responsible for arranging and meeting the cost of the return.

15.12Refunds on goodwill returns. Where we accept a goodwill return, we will refund the price you paid for the products, less any return and handling charge that applies and less any reduction in value resulting from handling beyond what is necessary to establish the nature and characteristics of the products. This goodwill facility does not affect any of your other rights under these terms or at law.

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16.1How we will use your personal information. We will only use your personal information as set out in our Privacy Policy and Cookie Policy, which are available on our website.

16.2Assessing your creditworthiness. Where you apply for a credit account, or where we otherwise consider extending credit to you, we may carry out checks to assess your creditworthiness and financial standing. We may obtain information for this purpose from business information and credit information providers and from publicly available sources, including company registers and published financial information. These checks may involve the processing of personal data relating to your business and to individuals connected with it, such as directors, partners or proprietors. We will process any such personal data in accordance with our Privacy Policy.

16.3We will only give your personal information to other third parties where the law either requires or allows us to do so.

16.4Personal data you provide to us. Where you provide to us personal data relating to any third party (including the name or contact details of a person at a delivery address you nominate), each of us acts as an independent controller in respect of that personal data, and neither acts as processor for the other. Each party shall comply with its own obligations under the UK GDPR and the Data Protection Act 2018, including maintaining its own lawful basis for processing and providing its own transparency information to the individuals concerned. We will process such personal data only for the purpose of fulfilling and delivering your order, and will not use it to market to, or otherwise contact, any such individual for our own purposes. You warrant that you have a lawful basis to disclose that personal data to us and that you have provided the individuals concerned with any privacy information required by the UK GDPR before disclosure. Each party shall provide the other with reasonable cooperation in responding to any data subject request or personal data breach affecting that data.

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This clause 17 only applies if you are a business.

17.1Any 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 or e-mail.

17.2A 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; or if sent by e-mail, one business day after transmission.

17.3In 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.

17.4The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

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18.1Our complaints procedure. If you are unhappy with any aspect of our products or service, please contact us in the first instance by telephone on 01258 444944 or by email at hello@urbaboxx.co.uk. We will endeavour to resolve your complaint within 14 days. If we are unable to resolve your complaint to your satisfaction within that period, we will write to you setting out our final position.

Clause 18.2 only applies if you are a consumer.

18.2Alternative dispute resolution. If you are a consumer and are not happy with how we have handled any complaint, you may wish to use an alternative dispute resolution (ADR) service. ADR is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. We are not obliged to use ADR but will consider doing so on a case-by-case basis. If we have exhausted our internal complaints procedure and are unable to resolve your complaint, we will provide you with details of a CTSI-approved ADR provider that would be competent to deal with your complaint, together with confirmation of whether we are willing to participate in the ADR process. The relevant approved providers for retail disputes are Retail ADR (www.retailadr.org.uk) and Consumer Arbitration (www.consumerarbitration.co.uk). You can also contact the Citizens Advice consumer helpline on 0808 223 1133 for general advice on your rights.

18.3If you are a business customer, we encourage you to raise any disputes with us directly in the first instance. We will use reasonable endeavours to resolve disputes promptly through direct negotiation.

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19.1All intellectual property rights in the products (excluding any rights belonging to third-party manufacturers), including but not limited to product photography, product descriptions, assembly instructions, technical data sheets, load capacity tables, and all content on our website, are owned by us or our licensors. Nothing in these terms grants you any licence or right to use any of our intellectual property except as necessary for the normal use of the products you have purchased.

19.2If you are a business customer and you wish to use our product photography, descriptions or technical data in your own marketing or sales materials, you must obtain our prior written consent. We may grant or withhold such consent at our discretion and may attach conditions to any consent given.

19.3You shall not at any time represent yourself as the manufacturer of the products or use our trade names, trademarks or branding without our prior written consent.

19.4Any unauthorised use of our intellectual property shall constitute a material breach of these terms. Without prejudice to any other rights or remedies available to us (including the right to seek injunctive relief), we may terminate the contract immediately by written notice and you shall be liable for any losses we suffer as a result of such breach.

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20.1We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

20.2You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

20.3Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

20.4If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

20.5Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

20.6Waiver. No waiver by us of any breach of these terms by you shall be considered as a waiver of any subsequent breach of the same or any other provision. A waiver of any term, provision or condition of these terms shall not be effective unless given in writing and signed by us.

20.7Survival. Termination or expiry of any contract between us shall not affect any rights, remedies, obligations or liabilities that have accrued up to the date of termination or expiry. Any provision of these terms that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect, including (without limitation) the provisions relating to retention of title, limitation of liability, indemnities, confidentiality, intellectual property and governing law.

20.8Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.

20.9Which laws apply to this contract and where you may bring legal proceedings if you are a business. 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 (included non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. 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.

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21.1Urbaboxx is a registered trademark of Drakes Display Ltd.

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