Terms & Conditions
Last Updated: April 2nd 2020
This agreement applies as between you, the User of this Website and UTP Merchant Services Limited (“UTP”), the owner(s) of this Website. Your agreement to comply with these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending an order confirmation email to you indicating that your order has been fulfilled and is on its way to you.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
- “Account” – means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
- “Carrier” – means any third party responsible for transporting purchased Goods from our Premises to customers;
- “Content” – means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
- “Goods” – means any products that UTP advertises and / or makes available for sale through this Website;
- “Service/Services” – means collectively any online facilities, tools, services or information that UTP makes available through the Website either now or in the future;
- “Payment Information” – means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
- “Premises” – Means Our place(s) of business located at UTP;
- “System” – means any online communications infrastructure that UTP makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
- “User/Users” – means any third party that accesses the Website and is not employed by UTP and acting in the course of their employment;
- “Website” – means the website that you are currently using (universaltp.wpengine.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions;
- “We/UsOur” – means Universal Transaction Processing Limited, a company registered in Republic of Ireland under registered number 668819 of 31-36 Ormond Quay Upper, Dublin, Dublin 7, Republic of Ireland, D07 N5YH.
2. International Customers
If Goods are being ordered from outside the Republic of Ireland, import duties and taxes may be incurred once your Goods reach their destination. We are not responsible for these charges and We undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and that We cannot guarantee that the packaging of your Goods will be free of signs of tampering. Please also be aware that United Kingdom consumer protection laws may not apply.
3. Intellectual Property
3.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of UTP, Our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and international intellectual property and other laws.
3.2 You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
4. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of UTP or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
5. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site universaltp.wpengine.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission.
6. Use of Communications Facilities
6.1 When using System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
6.1.1 You must not use obscene or vulgar language;
6.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
6.1.3 You must not submit Content that is intended to promote or incite violence;
6.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
6.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
6.1.6 You must not impersonate other people, particularly employees and representatives of UTP or Our affiliates; and
6.1.7 You must not use Our System for unauthorised mass-communication such as “spam” or “junk mail”.
6.2 You acknowledge that UTP reserves the right to monitor any and all communications made to Us or using Our System.
6.3 You acknowledge that UTP may retain copies of any and all communications made to Us or using Our System.
6.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
7.1 In order to purchase Goods on this Website and to use certain other parts of the System, you may be required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require Payment Information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
7.1.1 all information you submit is accurate and truthful;
7.1.2 you have permission to submit Payment Information where permission may be required; and
7.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
7.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
7.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched.
8. Termination and Cancellation of Accounts
8.1 Either UTP or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
8.2 We reserve the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
8.3 If purchases are cancelled for any reason prior to dispatch you will be refunded any sums paid in relation to those purchases within 14 calendar days.
8.4 If you terminate your Account, any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases within 14 calendar days.
9. Goods, Services, Pricing and Availability
9.1 Whilst every reasonable effort has been made to ensure that all graphical representations and descriptions of Goods available from Us correspond to the actual Goods, We are not responsible for variations from such descriptions. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not different Goods altogether. Please refer to Clause 11.1 for incorrect Goods.
9.2 We neither represent nor warrant that Goods will be available.
9.3 Whilst every effort has been made to ensure that all general descriptions of Services available from UTP correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 10.5 for incorrect Services.
9.4 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order.
9.5 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
9.6 All prices on the Website exclude VAT (unless where indicated).
10. Orders and Delivery
10.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between UTP and you.
10.2 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
10.3 All Goods purchased by you will be delivered within 30 calendar days of Our order confirmation unless otherwise agreed.
10.4 The risk in the Goods shall remain with Us until they come into your physical possession.
10.5 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake.
10.6 UTP shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
10.7 Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
11. Returns Policy
UTP aims to always provide high quality Goods that are fault free and undamaged. On occasion however, Goods may need to be returned. Returns are governed by these Terms and Conditions.
11.1 If you receive Goods which do not match those that you ordered or are damaged in transit, you should contact Us within 14 calendar days. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Replacements will be issued upon Our receipt of the returned Goods. Goods must be returned in their original condition with all packaging and documentation. The packaging does not need to be unopened. Refunds will be issued within 14 calendar days after receipt of the returned Goods. We regret that additional costs such as express delivery
11.2 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is complete and ends 14 calendar days after the Goods have been delivered to you. If the Goods are delivered to you in instalments, the 14 calendar day period begins on the day that you receive the final instalment. If you change your mind about the goods within this period, please inform Us within 14 calendar days of receipt. Goods must be returned to Us within 14 calendar days of the day on which you inform Us that you wish to return the Goods. You are responsible for paying return shipment costs if Goods are returned for this reason. Refunds will be issued within 14 calendar days after you inform Us that you wish to cancel under this provision. We regret that additional costs such as express delivery cannot be refunded.
11.3 UTP may not be able to accept returns under the cooling off period of the following types of Goods and/or taking into account the following circumstances:
11.3.1 Goods made to your specifications or that have been personalised;
11.3.2 Any use or enjoyment that you may have already had out of the Goods beyond handling them to the extent necessary to establish the nature, characteristics and functioning of them (such as you would, for example, handle a display item in a shop). Please note that opening packaging does not prevent you from returning Goods.
11.4 If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete.
11.5 If you cancel the Services after provision has begun but is not yet complete you will still be required to pay for the Services supplied up until the point at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 14 calendar days after you inform Us that you wish to cancel.
12.3 If you wish to opt-out of Our placing cookies onto your computer or device, please adjust your internet browser’s settings to restrict cookies as detailed in your internet browser’s help menu. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu.
13. How We Use Your Personal Information (Data Protection)
13.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
13.2 We may use your personal information to:
13.2.1 Provide Our Goods and services to you;
13.2.2 Process your payment for the Goods; and
13.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
13.3 In certain circumstances (if, for example, you wish to purchase Goods on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
14.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of Our services.
14.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
14.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
14.4 Whilst We use all reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
15. Changes to the Service and these Terms and Conditions
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions pertaining to the sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
16. Availability of the Website
16.1 The Website and any Service provided therein is provided “as is” and on an “as available” basis. We give no warranty that the Website or any Service will be free of defects and / or faults. To the maximum extent permitted by the law We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
16.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
17. Limitation of Liability
17.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
17.2 Nothing in these Terms and Conditions excludes or restricts UTP’s liability for death or personal injury resulting from any negligence or fraud on the part of UTP.
17.3 Nothing in these Terms and Conditions excludes or restricts UTP’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
17.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
18. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
19. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
20. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and UTP.
21.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to firstname.lastname@example.org. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
21.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services.
22. Law and Jurisdiction
These Terms and Conditions and the relationship between you and UTP shall be governed by and construed in accordance with the Law of England and Wales and UTP and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.