Terms and Conditions




This page sets out the terms and conditions that will apply to your use of the website and any purchases you make through the website. It consists of two parts:

Terms and Conditions of Use - these terms govern your access and use of our website;

Terms and Conditions of Sale - these terms apply to all purchases made through our website

 

TERMS AND CONDITIONS OF USE

1. Introduction

1.1       These terms and conditions shall govern your use of our website.

1.2       By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3       If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4       You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

1.5       Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.

2. Credit

2.1       This document was created using a template from SEQ Legal (http://www.seqlegal.com).

3. Copyright notice

3.1       Copyright (c) 2016 Urban Avenue.

3.2       Subject to the express provisions of these terms and conditions:

(a)        we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)        all the copyright and other intellectual property rights in our website and the material on our website are reserved.

4. Licence to use website

4.1       You may:

(a)        view pages from our website in a web browser;

(b)        download pages from our website for caching in a web browser;

(c)        print pages from our website;

(d)        stream audio and video files from our website; and

(e)        use our website services by means of a web browser,

             subject to the other provisions of these terms and conditions.

4.2       Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

4.3       You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

4.4       Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

4.5       Unless you own or control the relevant rights in the material, you must not:

(a)        republish material from our website (including republication on another website);

(b)        sell, rent or sub-license material from our website;

(c)        show any material from our website in public;

(d)        exploit material from our website for a commercial purpose; or

(e)        redistribute material from our website.

4.6       Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.

4.7       We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

5. Acceptable use

5.1       You must not:

(a)        use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)        use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)        use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)        conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e)        access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f)         violate the directives set out in the robots.txt file for our website; or

(g)        use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

5.2       You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3       You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

6. Registration and accounts

6.1       To be eligible for an individual account on our website under this Section 6, you must be at least 18 years of age.

6.2       You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

6.3       You must not allow any other person to use your account to access the website.

6.4       You must notify us in writing immediately if you become aware of any unauthorized use of  your account.

6.5       You must not use any other person's account to access the website, unless you have that person's express permission to do so.

7. User login details

7.1       If you register for an account with our website, you will be asked to choose a user ID and password.

7.2       Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

7.3       You must keep your password confidential.

7.4       You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5       You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

8. Cancellation and suspension of account

8.1       We may:

(a)        suspend your account;

(b)        cancel your account; and/or

(c)        edit your account details,

             at any time in our sole discretion without notice or explanation.

8.2       You may cancel your account on our website using your account control panel on the website.

9. Your content: licence

9.1       In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

9.2       You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

9.3       You grant to us the right to sub-license the rights licensed under Section 9.2.

9.4       You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

9.5       You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

9.6       You may edit your content to the extent permitted using the editing functionality made available on our website.

9.7       Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

10. Your content: rules

10.1     You warrant and represent that your content will comply with these terms and conditions.

10.2     Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3     Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)        be libellous or maliciously false;

(b)        be obscene or indecent;

(c)        infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)        infringe any right of confidence, right of privacy or right under data protection legislation;

(e)        constitute negligent advice or contain any negligent statement;

(f)         constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g)        be in contempt of any court, or in breach of any court order;

(h)        be in breach of racial or religious hatred or discrimination legislation;

(i)         be blasphemous;

(j)         be in breach of official secrets legislation;

(k)        be in breach of any contractual obligation owed to any person;

(l)         depict violence;

(m)       be pornographic, lewd, suggestive or sexually explicit;

(n)        be untrue, false, inaccurate or misleading;

(o)        consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage

(p)        constitute spam;

(q)        be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r)         cause annoyance, inconvenience or needless anxiety to any person.

11. Limited warranties

11.1     We do not warrant or represent:

(a)        the completeness or accuracy of the information published on our website;

(b)        that the material on the website is up to date; or

(c)        that the website or any service on the website will remain available.

11.2     We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

11.3     To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

12. Limitations and exclusions of liability

12.1     Nothing in these terms and conditions will:

(a)        limit or exclude any liability for death or personal injury resulting from negligence;

(b)        limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)        limit any liabilities in any way that is not permitted under applicable law; or

(d)        exclude any liabilities that may not be excluded under applicable law.

12.2     The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a)        are subject to Section 12.1; and

(b)        govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

12.3     To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

12.4     We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.5     We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.6     We will not be liable to you in respect of any loss or corruption of any data, database or software.

12.7     We will not be liable to you in respect of any special, indirect or consequential loss or damage.

12.8     You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

13. Breaches of these terms and conditions

13.1     Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)        send you one or more formal warnings;

(b)        temporarily suspend your access to our website;

(c)        permanently prohibit you from accessing our website;

(d)        block computers using your IP address from accessing our website;

(e)        contact any or all of your internet service providers and request that they block your access to our website;

(f)         commence legal action against you, whether for breach of contract or otherwise; and/or

(g)        suspend or delete your account on our website.

13.2     Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account)

14. Variation

14.1     We may revise these terms and conditions from time to time.

14.2     The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

14.3     If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

15. Assignment

15.1     You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

15.2     You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

16. Severability

16.1     If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

16.2     If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

17. Third party rights

17.1     A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

17.2     The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

18. Entire agreement

18.1     Subject to Section 12.1, these terms and conditions, together with our privacy policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

19. Law and jurisdiction

19.1     These terms and conditions shall be governed by and construed in accordance with Scottish law.

19.2     Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Scotland.

 

TERMS AND CONDITIONS OF SALE

1. Introduction

1.1         These terms and conditions shall govern the sale and purchase of products through our website.

1.2         You will be asked to give your express agreement to these terms and conditions before you place an order on our website.

1.3         This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).

2. Interpretation

2.1         In these terms and conditions:

(a)          "we" means Urban Avenue Interiors Ltd.; and

(b)          "you" means our customer or prospective customer,

               (c)          and "us", "our" and "your" should be construed accordingly.

3. Order process

3.1         The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.

3.2         No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.

3.3         To enter into a contract through our website and purchase products from us, the following steps must be taken: First, you must add the products you wish to purchase to your shopping cart, and then proceed to checkout. During the purchase process, you will be offered the possibility of registering as a user or to continue checkout and complete your purchase as a guest.

If you are a new customer, you can then create an account with us and log in; if you are an existing customer, you can enter your login details and log in. If you choose to purchase goods as a guest, only data which are essential to process your order will be requested from you.

You must then confirm your order and your consent to the terms of this document, before you are transferred to the payment section of our website, where our payment service provider will process your payment details.

Once your payment details have been accepted, you will receive an automatic order confirmation via email. This automatic confirmation does not yet form a binding contract, as we reserve a 72 hour period from the time of order confirmation, during which we confirm whether we are able to meet your order. Unless we advise you by email within 72 hours that we are unable to meet your order, your order will become a binding contract at this point in time.

3.4         You will have the opportunity to identify and correct input errors prior to making your order by reviewing and updating the shopping cart.

4. Products

4.1         The following types of products are or may be available through our website and mobile applications: furniture, lighting, home décor accessories etc. We continually include new product lines and we may offer additional services or revise the selection of products or scope of services at our discretion and with or without prior notice. These terms of Sale will apply to all additional or revised Goods and Services.

4.2         All Products shown on our Website are subject to availability.

5. Prices

5.1         All prices are shown on our website in Pounds Sterling and include VAT at the applicable current rate.

5.2         We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

5.3         We take reasonable care to ensure that the prices of products are correct when we enter the information into our database. However, despite the best efforts, it is possible for prices on the website to be incorrectly quoted. If as part of our sale procedures we discover the error in the price of the goods you have ordered, the correct price will be notified to you, giving you the option to continue with your purchase or cancel the order. If we are unable to contact you using the contact details you have provided, we will treat the order as cancelled and notify you in writing. Please note that we are not obliged to sell the goods at the incorrect prices.

5.4         In addition to the price of the products, you will pay a delivery charge (unless expressly stated otherwise in our Delivery Policy), which will be notified to you before the contract of sale comes into force.

6. Payments

6.1         You must, during the checkout process, pay the prices of the products you order.

6.2         Payments may be made by any of the permitted methods specified on our website from time to time.

6.3         If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.

6.4         If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 3 days following the date of our written request:

(a)          an amount equal to the amount of the charge-back;

(b)          all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(c)           an administration fee of GBP 25.00 including VAT; and

(d)          all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees),

               and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.

7. Deliveries

7.1         Our policies and procedures relating to the delivery of products are set out in this Section 7 and in our Delivery Policy document.

7.2         We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.

7.3         We sell a large variety of bespoke, customised or made to order products. The estimated manufacturing time for these goods are stated in the individual product listings. From time to time, our manufacturers’ components may be delayed. Should this happen, you will be advised.

7.4         We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation, however, we do not guarantee delivery by this date.

7.5         We will deliver products nationally and internationally. Please contact us for orders to addresses outside the UK mainland for a tailored shipping quote.

For international orders, the customer is responsible for ensuring that products can be lawfully imported to their destination country and that products conform to any necessary regulations.

Orders shipped to countries outwith the European Union may be subject to import taxes, customs duties and fees levied on arrival by the destination country if certain limits are exceeded. These costs are outside of our control and must be borne by the recipient. For further information with regards to an order, customers should contact their local customs office.

Customs clearance procedures required by the destination country may cause delays beyond our delivery estimates, for which we cannot be held liable.

Any transit times advised by us are estimates based on information supplied by the transport company. Occasionally, due to weather or other unforeseen circumstances, the shipping company may be unable to honour their guaranteed delivery times, for which we cannot be held liable.

7.6         All deliveries must be received in person at the delivery address, and a signature must be provided. Deliveries cannot be left in a “safe place”.

7.7         If our delivery service provider is unable to deliver your products through no fault of their own, and you do not collect your products from our delivery service provider within 7 days we may agree to arrange re-delivery of the products; however, we reserve the right to charge you for the actual costs of re-delivery (even where the initial delivery was free of charge, or included). 

An indicative list of the situations where a failure to deliver will be your fault is set out below:

  • you provided the wrong address for delivery;
  • there is a mistake in the address for delivery that was provided by you;
  • the address for delivery is not reasonably and safely accessible;
  • there is no person available at the address for delivery to accept delivery and provide a signature;
  • you do not collect the items from our delivery service provider within 7 days of the initial attempted delivery.

8. Cancellation rights and exceptions

8.1         This Section 8 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

8.2         You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:

(a)          beginning upon the submission of your offer; and

(b)          ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, lots or pieces of something, 14 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a person identified by you to take possession of them).

8.3         In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 8, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you upon request. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

8.4         If you cancel a contract on the basis described in this Section 8, you must send the products back to the return address provided. You must comply with returns procedure referred to in this Section 8 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.

8.4.1      Returns procedure

(a)          In order to take advantage of your rights under this policy, you must contact us by email: customerservice@urbanavenue.co.uk to obtain a return authorisation number, and then send the product to the address we provide with a covering note quoting that number.

(b)          Products returned under this policy must be sent by trackable method, using Royal Mail Signed for Delivery or couriers such as Parcel Force, DHL, UPS. We strongly recommend that the goods being returned are insured for their value, as we cannot accept responsibility for return items that are lost or damaged in transit. If you are returning furniture, please call our Customer Service Team at 03302210565 to schedule a pick up through our shipping currier.

 (c)          You will be responsible for paying postage costs associated with returns under this policy.

8.4.2      Improper returns

If you return a product in contravention of this policy, and you do not have any other legal right to a refund or exchange in respect of that product:

(a)          we will not refund the purchase price or exchange the product;

(b)          we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and

(c)          if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.

8.5         If you cancel an order in accordance with this Section 8, you will receive a full refund of the amount you paid to us in respect of the order, excluding the costs of delivery to you; except as otherwise provided in this Section 8.

8.6         If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be "beyond what is necessary to establish the nature, characteristics and functioning of the products" for these purposes.

8.7         We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

8.8         Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 8 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.

8.9        You will not have any right to cancel a contract as described in this Section 8 insofar as the contract relates to:

(a)          the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control and which may occur during the cancellation period;

(b)          the supply of non-prefabricated, bespoke or customised goods that are made on the basis of an individual choice of or decision by you, or goods that are personalised;

(c)          deviation from description and specification - we have made great effort to ensure that products conform to illustrations, photographs and specifications shown on our website. We cannot, however, guarantee that they will be accurate and binding. They are intended for general depiction of the products only. We cannot accept responsibility for variations in natural and handmade materials, sizes and colour reproductions, as the colours may appear differently on electronic displays than in person. These variations are not defects and returns will not be accepted for these reasons;

(d)          the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by you.

9. Warranties and representations

9.1         You warrant and represent to us that:

(a)          you are legally capable of entering into binding contracts;

(b)          you have full authority, power and capacity to agree to these terms and conditions;

(c)           all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and

(d)          you will be able to take delivery of the products in accordance with these terms and conditions and our Delivery Policy.

9.2         We warrant to you that:

(a)          we have the right to sell the products that you buy;

(b)          the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;

(c)           you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;

(d)          the products you buy will be of satisfactory quality.

9.3         All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 10.1, all other warranties and representations are expressly excluded.

10. Limitations and exclusions of liability

10.1       Nothing in these terms and conditions will:

(a)          limit or exclude any liability for death or personal injury resulting from negligence;

(b)          limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)           limit any liabilities in any way that is not permitted under applicable law; or

(d)          exclude any liabilities that may not be excluded under applicable law,

               and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

10.2       The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:

(a)          are subject to Section 10.1; and

(b)          govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

10.3       We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

10.4       We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

10.5       You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions.

10.6       Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall in no circumstances exceed the purchase price of the product(s) in respect of which that liability arises.

11. Order cancellation

11.1       We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:

(a)          you fail to pay, on time and in full, any amount due to us under that contract; or

(b)          you commit any material breach of that contract.

11.2       We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.

12. Consequences of order cancellation

12.1       If a contract under these terms and conditions is cancelled in accordance with Section 11:

(a)          we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;

(b)          you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and

(c)           all the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 6.4, 10, 15, 16, 17, 18, 19 and 20 will survive termination and continue in effect indefinitely.

13. Scope

13.1       These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.

13.2       These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).

14. Variation

14.1       We may revise these terms and conditions from time to time by publishing a new version on our website.

14.2       A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

15. Assignment

15.1       You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notice to you.

15.2       You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

16. No waivers

16.1       No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

16.2       No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.

17. Severability

17.1       If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

17.2       If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

18. Third party rights

18.1       A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

18.2       The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

19. Entire agreement

19.1       Subject to Section 10.1, these terms and conditions, together with our Delivery Policy and our Returns Policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.

20. Law and jurisdiction

20.1       These terms and conditions shall be governed by and construed in accordance with Scottish law.

20.2       Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Scotland.

21. Statutory and regulatory disclosures

21.1       We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

21.2       These terms and conditions are available in the English language only.

21.3       Our VAT number is 216523626.

22. Our details

22.1       This website is owned and operated by Urban Avenue Interiors Ltd.

22.2       We are registered in Scotland under registration number SC408681, and our registered office is: Studio at 3A Grey Street, Tayport, Fife, DD6 9JF.

22.3       Our principal place of business is at the above address.

22.4       You can contact us by writing to the address given above, by using our website contact form, by telephone on 0330 221 0565 or by email to customerservice@urbanavenue.co.uk