TERMS & CONDITIONS – WWW.UKXS.CO.UK

This document (together with any other documents referred to on it) informs you of the terms and conditions on which we supply any of the products (Products) listed on our website http://www.ukxs.co.uk (our website) to you. Please read these terms and conditions carefully before ordering any Products from our website. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our website.

1. INFORMATION ABOUT US

1.1

Ensco 209 Ltd T/A www.ukxs.co.uk
Unit 1
2 New Mart Road
Edinburgh
Scotland
EH14 1RL
United Kingdom
Co Registration No: SC339351

1.2. This website is protected by both copyright and database rights. Your use of this website, including any information you may send to us or submit to the website and/or any goods purchased via this website is subject to our terms and conditions.

1.3. We reserve the right to make changes to this website and these Terms and Conditions at any time without notice and it is your responsibility to revisit this page from time to time to re-read this notice. Any revised terms shall take effect as at the date of its posting on this website and your continued use of this website indicates your acceptance of these Terms and Conditions (as revised or amended).

Disclaimer

2.1. This website may from time to time include information and/or opinion relating to products in general. The information and/or opinion contained and/or expressed on this website are provided for general information purposes only. It is not intended to be comprehensive, nor specific professional advice and it is therefore not intended to replace professional advice. We do not accept any responsibility and/or liability for the implementation of any information or opinion provided on this website. The information and/or opinions provided are no substitute for professional advice.

2.2. Whilst we endeavour to ensure that the content of our website is accurate and up-to-date, we do not make any representations nor give any warranties of any kind (express or implied) with respect to the contents or operation of this website, and any such representations and warranties are expressly excluded.

2.3. This website and the downloads made available on it are made available on the basis that (except in respect of fraud by us, whether trading as "UKXS" or otherwise, or of death or personal injury caused by our negligence), all liability whatsoever for any losses, claims, actions or damage, whether direct or indirect, arising out of or in connection with your use of this website and/or any of the downloads made available on it, or your reliance upon the contents of this website are excluded to the fullest extent permitted by law including but not limited to any liability for computer service or system failure, access delays or interruption, data non-delivery or mis-delivery, computer viruses or other harmful components, breaches of security or unauthorised use of the system arising from "hacking" or otherwise.

2.4. We do not warrant that use of this website will be uninterrupted and error free. If we discover any typographical, clerical or other error or omission in any page posted on this website then such error shall be subject (as soon as practical) to correction or deletion (as appropriate) without any liability on our part.

2.5. Where you are provided with a password for use of this website, this is provided on a confidential basis and must not be used by and/or disclosed or provided to any third party.

2.6. We shall not be obliged to enforce these Terms and Conditions against any third party nor take any action against any third party for breach of these Terms and Conditions. Furthermore, we shall have no liability to you for any breach of these Terms and Conditions by any third party.

2.7. The content of this website, any dispute arising out of this website, and your relationship with us are governed by Scottish Law and shall be subject to the exclusive jurisdiction of the Scottish Courts.

3.0 Copyright & Trademarks

3.1. No material protected by copyright, trade mark or other proprietary rights shall be uploaded, posted, submitted or otherwise made available on this website without the express permission (and agreement to the terms hereof) of the owner of the copyright, trade mark or other proprietary right and the burden of determining that any material is not protected by such rights rests with you. You shall be solely liable and hereby undertake to indemnify us for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission.

3.2. You may download, temporarily store, and use the information contained in or on one or more pages from this website including but not limited to the information made available on this website for your own personal use. However, save where the same cannot be prohibited by law, you may not adapt, modify, copy, merge, translate, decompile, disassemble, permanently store, republish, retransmit, redistribute or otherwise make such information or pages available to any other party or available on any website, online service or bulletin board of your own or of any other party or make the same available in hard copy or on any other medium without our express prior written consent.

3.3. All designs, texts, graphics, codes and the selection or arrangement of them are the copyright or database rights of us and/or are utilised by us under appropriate licences.

3.4. All trade marks, brand names and business names or logos contained in this website are proprietary to us and/or are utilised under appropriate licences.

3.5. You hereby waive and/or agree to procure the waiver of any and all moral rights (as set out at Chapter IV of Part I of the Copyright, Designs and Patents Act 1998) in and in relation to any text or submission which you may make to this website save that we reserve the right to identify you as the author of any submission which is published in whole or in part on this website.

4.0. SERVICE AVAILABILITY

4.1 Our website is only intended for use by people resident in the United Kingdom of Great Britain and Northern Ireland (UK). We do not accept orders from outside the UK. Some restrictions are placed on the extent to which we accept orders from you please see below.

4.2 We only deliver to the UK mainland and Northern Ireland which excludes:

1. Channel Islands
2. Republic of Ireland
3. Isles of Scilly

5. YOUR STATUS

By placing an order through our website, you warrant that:

1. You are legally capable of entering into binding contracts; and
2. You are at least 18 years old;
3. You are resident in the UK; and
4. You are accessing our website from the UK.

6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

6.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.

6.2  The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

6.3 We will take all reasonable steps to keep the details of your order and payment secure, but, unless we are found to be negligent, or we have not complied with our requirements under the Data Protection legislation, then we shall not be liable for any financial losses caused as a result of unauthorised access to information provided by you.

7. OUR STATUS

7.1 To provide increased value to you we may provide links on our website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our website, or from companies to whose website we have provided a link on our website, will be of satisfactory quality, or fit for any purpose, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information to them but only insofar as it is related to that transaction.

7.2 We are not liable, directly or indirectly for the privacy policies of any third party websites, nor do we warrant that any information given is accurate or up to date, nor can we vouch for their bona fides, nor for any loss damage or offence caused by your use or reliance on any material posted on such websites. We would urge you to guard your privacy and check the policies of third parties before disclosing your personal information.

8. CONSUMER RIGHTS

8.1 If you are contracting as a consumer, you may cancel a Contract at any time within 7 working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below).

8.2 If the Product is not faulty or damaged on delivery, and you cancel the order within 7 days of receipt, you must also return the Product(s) to us immediately, in the same,salesable, condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

8.3 You will not have any right to cancel an order for the supply of any of the following Products unless they are faulty or damaged:

• Compact Discs, DVD’s, videos and computer software (or other recordable media).
• Perishables.
• Items which cannot be resold for health, safety and hygiene reasons such as but not limited to: - body jewellery, personal grooming products, cosmetics, hosiery, swimwear, underwear.
• Partially or fully assembled flat pack furniture.
• Children’s car seats.

8.4 An explanation of how to exercise it your rights are provided as per 8.1/8.2 above.

8.5 We will take reasonable care to ensure that all details, descriptions and prices of Products appearing on our website are correct. Our aim is to keep our website up to date and accurate. If we discover an error (in detail, description or price) we will inform you as soon as possible and give you the opportunity to reconfirm your order or cancel it. If we are unable to contact you within a reasonable period of time then we will treat your order as cancelled. If at the time of cancellation you have paid for the Product(s) then you will receive a refund in full.

8.6 If a Product develops a fault and is covered under a manufacturer’s warranty or is damaged on receipt then we will arrange collection from you. If we are satisfied that there is a fault in the Product or the damage was caused by our negligence then we will either replace the Product or refund you the price paid (at our discretion) within 30 days.

8.7 If you are reporting a fault within the manufacturer’s warranty period then we strongly recommend that you first contact the manufacturer direct to have the fault repaired, this is often the quickest solution as many manufacturers have special service centres or telephone help facilities for your convenience. If you are unable to contact the manufacturer then please call our customer services by emailing

8.8 Faults caused by accident, misuse or negligence may not be covered by a manufacturers warranty, whether or not the products are within the warranty period.

8.9 All returns require a RMA number in order to be processed through our warehouse. To receive your RMA number log on to my account at ukxs.co.uk.and email us where an authorised RMA number will be issued for the return of the product.

PLEASE NOTE 

ANY PRODUCT THAT IS RETURNED TO OUR WAREHOUSE WITHOUT AN RMA NUMBER CAN NOT BE PROCESSED AND THEREFORE A REFUND CAN NOT BE AUTHORISED.

9. AVAILABILITY & DELIVERY

9.1 We make every effort to hold sufficient stock to fulfill your order by the delivery date set out in the Dispatch Confirmation. From time to time this may not be possible and orders may be delayed or permanently unavailable for unforeseen reasons and all stock availability estimates are approximate. If we discover that stock is not available after we have received your order we will contact you and may, in agreement with you may supply or deliver a substitute product, or refund you the price paid by you.

9.2 Certain Products (e.g. video games) are the subject of a legally prescribed age restriction, determined by the British Board of Film Classification (or similar body). The current classifications are 12, 15 and 18. The classification reflects the content of the Product (violence, language, sex, drug abuse etc…). You are therefore required to confirm that you are over 18 years of age and we reserve the right to carry out checks to verify your age and will, if we are not reasonably satisfied, cancel your order.

9.3 In the United Kingdom it is against the law to sell or supply intoxicating substances to persons under the age of 18 years. By placing an order for such Products you confirm that you are over the age of 18. If on delivery we have any reasonable doubt that there is a recipient at the address over 18 years of age then we reserve the rights to either make enquiries and seek verification (by the provision of identification) or cancel the order. The courier will not leave the Product if they are not reasonably satisfied that they are delivering the Products to a person over the age of 18.

9.4 We may specify or recommend from time to time special rules regarding dates for deliveries (such as at Christmas and other busy periods). Notices of these special rules will be placed on our website.

9.5 We endeavour to dispatch all “in stock” orders within your selected delivery option. . However, we make no promises regarding delivery periods. To avoid disappointment during extended bank holidays or other busy trading periods please place your order in plenty of time. We post notices on our website of any known issue that relates to supply or delivery.

10. RISK & TITLE

10.1 The Products will be at your risk from the time of delivery. We may ask you to sign for Products delivered and this will be deemed an acknowledgement of receipt in an undamaged state.

10.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

11. PRICE & PAYMENT

11.1 The price of any Products will be as quoted on our website from time to time, except in cases of obvious error.

11.2 These prices include VAT (and any other sales taxes) but exclude delivery costs, which will be added to the total amount due as set out on our website.

11.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

11.4 Our website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

11.5 We are under no obligation to provide any Product to you at an incorrect (lower) price, even after we have sent you a Dispatch Confirmation.

11.6 Payment for Products must be by credit, debit card or Paypal. All payments are debited on order submission. For the full list of credit and debit cards acceptable to us please visit our website at ukxs.co.uk.

11.7 It is a crime to use a false name or known invalid payment card. We reserve the right to report to appropriate authorities any activity which we deem suspicious relating to our website and any orders placed. Please see our PRIVACY POLICY for details of our use of electronic tracking software in relation to orders and suspicious activity.

12. OUR CANCELLATION & REFUND POLICY

12.1 You may cancel an order at any time prior to your order being dispatched by e-mail via your account.

12.2 When you return a Product to us:

1. because you have cancelled the Contract between us within the seven-day cooling-off period, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
2. for any other reason, we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for a defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

12.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

12.4 If you have cancelled the order after dispatch and the Product is not returned to us within 30 days we will make reasonable attempts to recover the Product and reserve the right to recover from you our reasonable costs of recovery attempts and (if not already paid) the cost of the unreturned Product.

13. OUR LIABILITY

13.1 Where you purchase as a consumer we warrant to you that any Product purchased from us through our website is of satisfactory quality and reasonably fit for the purposes for which products of the kind are commonly supplied.

13.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product paid by you.

13.3 This does not include or limit in any way our liability:

1. For death or personal injury caused by our negligence;
2. Under section 2(3) of the Consumer Protection Act 1987;
3. For fraud or fraudulent misrepresentation; or
4. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

13.4 We are not responsible for direct or indirect losses which happen as a consequential loss of the main loss or damage, including but not limited to:

1. loss of income or revenue
2. loss of business
3. loss of profits or contracts
4. loss of anticipated savings
5. loss of data
6. waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;

13.5 We provide information on our site on an “as is” basis and make no representation and give no warranty of any kind, express or implied in respect of the information or content provided on our website. Although we make every effort to ensure that it is accurate, complete and up to date we do not warrant that this information or content is accurate, complete or current.

13.6 We are not liable (including liability for negligence) in relation to the acts or omissions of telecommunication and internet service providers or for failures of, or faults in their networks and equipment.

13.7 Where you buy any Product from a third party seller accessed via a link to our website, the seller's individual liability will be set out in the seller's terms and conditions. We are not liable for any purchases made by you via such links.

14. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all Contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

15. NOTICES

All notices given by you to us must be given to

Ensco 209 Ltd T/A UKDVDR.co.uk
Unit 1
2 New Mart Road
Edinburgh
Scotland
EH14 1RL
United Kingdom
Co Registration No : SC339351

supporrt@ukxs.co.uk.

16. TRANSFER OF RIGHTS & OBLIGATIONS

16.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.

16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

17. EVENTS OUTSIDE OUR CONTROL

17.1 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 events outside our reasonable control (Force Majeure Event).

17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

1. Strikes, lock-outs or other industrial action.
2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
5. Impossibility of the use of public or private telecommunications networks.
6. The acts, decrees, legislation, regulations or restrictions of any government.

17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

18. WAIVER

18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

18.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.

19. SEVERABILITY

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

20. ENTIRE AGREEMENT

20.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

20.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

20.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.

21. OUR RIGHT TO VARY THESE TERMS & CONDITIIONS

21.1 We have the right to revise and amend these terms and conditions from time to time.

21.2 You will be subject to the terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

22. Data Protection & Privacy Policy

22.1 We are responsible for the processing and are therefore the data processors as well as the data controller of all the personal data which you provide to us or which we collect from you. We regard your privacy as very important and any personal information and data which you provide to us through this website will be dealt with in accordance with this Data Protection and Privacy Policy and these Terms and Conditions.

22.2 The provisions of the clause 22.5 will describe how we will handle the data which you may provide to us and why we collect your data.

22.3 We reserve the right to make changes to this Data Protection and Privacy Policy at any time without notice and it is your responsibility to revisit this page from time to time to re-read this policy. Any revised terms shall take effect as at the date of posting.

22.4 If you have any queries regarding this Data Protection and Privacy Policy, please contact us by email at support@ukxs.co.uk

Data Protection

22.5.1 As a data controller, we will take all the necessary steps to comply with the Data Protection Act 1998 and its relevant subordinate legislation when handling any personal data which you may provide to us. This includes ensuring that data is fairly and lawfully processed; processed for limited purposes; adequate, relevant and not excessive; accurate; not kept longer than necessary; processed in accordance with your rights; and secure. Our data protection registration number is Z1940013.

22.5.2. Should you wish to obtain a copy of the personal data which we hold about you, please contact us at ukxs, Unit 1, 2 New Mart Road, Edinburgh, enclosing a cheque or postal order for £10 made payable to Ensco 209 Limited, to cover our administration costs. As soon as we are satisfied as to your identity, we will send you, within 30 days a copy of all the data we hold relating to you.

22.5.3. If you believe that any personal data or information which we hold about you is incorrect or incomplete, please write to the same address as set out in the above paragraph. Any information or data which is found to be incorrect will be corrected as soon as practical.

What Personal Data Do We Collect From You and Why?

22.6.7 We may collect personal data from you such as your name, email address, postal address, and telephone number when you respond to requests to submit personal information about yourself in order to obtain products and services which we may be offering. In the event that you no longer wish to receive the products or services for which you have submitted the information, you can at any time send an email to support@ukxs.co.uk in order for your details to be removed from the database.

22.6.8 We will use the personal information and data supplied by you to create a customer profile by keeping, for example, a record of the products or services which you have requested with such information being used by us for demographic, regional and market research purposes, and to send you details about any further products and services, bulletins or other information which we believe may be of interest to you, or to request Your feedback of our products or services from time to time. In addition, we may use the personal information and data supplied by you to attribute to you any information or questions submitted by you which may be published on this website.

To Whom Will We Supply Your Personal Data?

22.6.10 We will only supply data which personally identifies you to a third party or organisation in the following circumstances:

22.6.11 where we need to share or send the information to third parties or organisations who work with us or on our behalf to provide a product or service to you which you have requested, such persons or organisations may only use this information in order to provide such product or service and not for any other purpose;

22.6.12 where we need to share or send the information to third parties or organisations who work with us or on our behalf to provide services to us, for example in respect of customer profiling and the marketing of ukxs group products and services;

22.6.13 where we are required to forward the information or data in order to comply with any regulatory or legal process

22.6.14 where there is a sale and/or transfer of all or any part of our business.

22.6.15 Other than in the circumstances stated above, third parties will not have access to your personally identifiable data.

23. LAW & JURISDICTION

Contracts for the purchase of Products through our website will be governed by Scottish Law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the Scottish Courts.