(1)  Introduction

1.1 This page (together with the documents referred to in it) sets out the terms and conditions on which we supply any of the products or goods (“Products”) listed on our website www.unitagd.com (“our site”) to you.

1.2 Please read these terms and conditions carefully before ordering any Products from our site – in particular our limit of liability at paragraph 12.1 below and Cancellation policy contained in paragraph 9.1 below.

1.3 You understand that by ordering any of our Products, you agree to be bound by these terms and conditions. Should you wish to print a copy of these terms and conditions for future reference, press CTRL + p to do so.

 (2)   Interpretation 

2.1 In these conditions of sale, “we” means Cotech Software Limited trading as Unitagd.com (and “us” and “our” will be construed accordingly) and “you” means our customer or potential customer products (and “your” will be construed accordingly).

(3)    Order process and Contract Formation

3.1 The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer.  No contract will come into force between you and ourselves unless and until we accept your order in accordance with the procedure detailed below.

In order to enter into a contract to purchase products from us, you will need to take the following steps: 

(i)                 if you are a new customer, you must create an account with us and login; if you are an existing customer, you must enter your login details

(ii)               once you are logged in, you must add the smart labels you wish to purchase together with your choice of the appropriate child you wish to purchase for and the quantity of smart labels;

(iii)             once you have reviewed your order and are happy it is complete and correct, you should then proceed to the checkout and confirm your order;

(iv)              you will then be transferred to the Worldpay website, and Worldpay will handle your payment;

(v)                we will then send you an acknowledgment and a VAT invoice at which point your order will become a binding contract

3.2 We will not file a copy of these conditions of sale specifically in relation to your order.  We may update the version of these conditions of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible.  We therefore recommend that you download, print and retain a copy of these conditions of sale for your records.

3.3 The only language in which we provide these conditions of sale is English.

3.4 Before you place your order, you will have the opportunity of identifying whether you have made any input errors by reviewing your details before the payment pages.  You may correct those input errors before placing your order by clicking the ‘back’ button on the page.

3.5 If you acquire our Products through a 3rd party, our terms of sale will be incorporated into that transaction and you will be deemed to be bound by these terms of sale if the 3rd party has advised you of such.

(4)    The products 

4.1 Customised labels to identify tagged items.

(5)    Price and payment 

5.1 Prices for products are quoted on our website.  The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect.  We will verify prices as part of our sales procedures so that a product’s correct price will be stated when you pay for the product.

5.2 In addition to the price of the products, you will have to pay a delivery charge, which will be as stated when you pay for the product unless arrangements are in place for an initial batch delivery of the products through the schools.

5.3 Payment must be made upon the submission of your order.  We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.

5.4 The prices on the website include all value added taxes (where applicable).

5.5 Payment for all products must be made by either Credit or Debit Card.

5.6 Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.

5.7 If you dispute any payment made to us you must contact us immediately and provide full details of your claim.  If you submit an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of the charge-back:

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

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

(iii)             an administration fee of GBP £12 (including VAT); and

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

5.8 Without prejudice to our other rights, if you submit an unjustified credit card, debit card  or other charge-back, then we may terminate any contracts between you and us under these terms of sale by giving you written notice of termination.

5.9 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.


(6)    Your Status 

6.1 By placing an order through our site, you warrant to us that:

1.      you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these conditions of sale;

2.       the information provided in your order is accurate and complete;

3.      you will be able to accept delivery of the products;

4.      you are resident in England or Wales; and Scotland

5.      Personal information is collected, processed and stored in accordance with our Privacy Policy which you can find here
http://www.unitagd.com/index.php/privacy-policy-2


 (7)    Delivery policy
 

7.1 Delivery of the smart labels will be made through existing school distribution mechanisms where the school has agreed to this prior to the purchase of any smart labels. No charge shall be made to you where delivery is made directly to the school as part of the initial batch delivery or on an ongoing process.

7.2 Where no arrangements are in place to deliver through a school’s existing distribution mechanism, a delivery charge shall be made for sending the smart labels to your registered address. Our prices are based on our Standard Delivery which is 5-7 working days from the date of our order confirmation.

7.3 Every endeavour will be made by us to deliver all orders within agreed time frames but are not guaranteed.

7.4 We will only deliver products within mainland United Kingdom within the time frames stipulated and for the single delivery charge charged at the checkout, but we are willing to enter into a special arrangement if delivery is required outside these areas, the terms and conditions to be discussed and agreed between us.

7.5 Where delivery is not possible as a result of us being provided with the incorrect delivery address details, our delivery service will return the products to us and we will hold these for 5 working days. We reserve the right to make an additional delivery charge for re-despatch of the Products to the correct delivery address. If you have not contacted us regarding re-despatch within 5 working days, we may recycle the Products at our option and you will need to place a new order with us if the Products are still required.

Non Delivery

7.6 You must notify us within 5 days of the date that the Products were dispatched of any failure on our part to deliver the Products in order that we can investigate the failure and take appropriate action. You should notify us by email at This email address is being protected from spambots. You need JavaScript enabled to view it.. If you notify us after 30 days, paragraph 15.2 below shall apply.

7.7 The earliest date we can claim against DPD for non-delivery is 15 working days from the date of despatch. We cannot process a reprint or refund before this time.

 
(8)    Risk and ownership 

8.1 The products will be at your risk from the time of delivery. Delivery will have taken place when we have posted the smart labels to the address you registered with us at the time of registering your account or when the smart labels have been delivered to the school and the school has undertaken to distribute these to you.

8.2 Ownership of the products will only pass to you upon the later of:

·         delivery of the products; and

·         receipt by us of full payment of all sums due in respect of the products (including delivery charges).

8.3 We will be entitled to recover payment for the products even where ownership has not passed to you.

(9)    Cancellation 

9.1 As all of the Products will be made to your specification or will be personalised by you, you will not have any right to cancel the supply of any of the Products once you have placed an order. If, however, an order is incorrectly placed, please contact us as soon as possible by email at This email address is being protected from spambots. You need JavaScript enabled to view it.. If your order has not yet been submitted to print, we may (at our sole discretion) allow you to cancel the order and issue a refund to you to enable you to re-order the Products. However, if the order has been submitted to print, we will be unable to issue such cancellation.

(10)    Statutory rights 

10.1 Nothing in these conditions of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).

(11)    Returns and Refunds 

11.1 We will not accept any liability for errors, grammar, spelling or omissions made on an order approved by you. If the order arrives damaged, or is defective, it is necessary to inform us about this fact within 5 days from delivery.

11.2 All smart labels must be properly attached to the relevant items in accordance with the instructions provided on our site, through our social media channels or included as part of the delivery package. Failure to adhere to these instructions may invalidate your claim for a refund or replacement.

11.3 We reserve the right to ask for samples of damaged or defective goods before we offer a re-print or refund. On the sight of samples we will decide on how to proceed depending on the fault. If we are at fault we will offer a re-print, or partial refund or full refund depending on the error.

11.4 Claims received later than 5 days after delivery day might be rejected.

11.5 All sales are final since we customise each order according to your request. We give no refunds or credit but if we verify that we made an error, we will re-print your order.

11.6 If you are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we agree your claim for a refund.

(12)    Limitations and exclusions of liability 

12.1 Subject to paragraph 12.2 below, our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product (including delivery costs).

12.2 Nothing in the conditions of sale will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit or exclude any liability of a party under Section 12, 13, 14 or 15 of the Sale of Goods Act 1979 or Part I of the Consumer Protection Act 1987; (d) limit any liability of a party in any way that is not permitted under applicable law; or (e) exclude any liability of a party that may not be excluded under applicable law.  Any statutory rights which you have as a consumer, which cannot be excluded or limited, will not be affected by the conditions of sale.

12.3 The limitations and exclusions of liability set out in this Section and elsewhere in the conditions of sale: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the conditions of sale or in relation to the subject matter of the conditions of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

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

12.5 We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.6 Except as expressly stated in these terms and conditions, we do not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these terms and conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we do not provide any warranties or representations that when our Products are used to locate tagged items, that those tagged items will be located and returned within any set time period, if at all.

(13) Written Communications

13.1 When using our site, you accept that communication with us will be by electronic means only. We will contact you by e-mail or provide you with information by posting notices on our site, in accordance with our Privacy Policy. 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.

(14)    General terms 

14.1 We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy; use of our website will be subject to our website terms of use.

14.2 Contracts under these conditions of sale may only be varied by an instrument in writing signed by both you and us.  We may revise these conditions of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.

14.3 If any provision of these conditions of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

14.4 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

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

14.5 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 paragraph 13.1 above.

14.6 You may not assign, charge,  sub-contract or otherwise transfer any of your rights or obligations arising under these conditions of sale.   Any attempt by you to do so will be null and void.  We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these conditions of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these conditions of sale.

14.7 Each contract under these conditions of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.

14.8 Subject to the first paragraph of Section [12]: these conditions of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these conditions of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.

14.9 These conditions of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have [non-]exclusive jurisdiction to adjudicate any dispute arising under or in relation to these conditions of sale.

 
(15)     Product Specification

15.1 We have a policy of continuous product development and reserve the right to amend the specifications of any goods or products without prior notice in relation to future sales.

 
 (16) Force Majeure 

16.1 We will not be held responsible for failure or delay in the carrying out of our obligations under the contract arising from any cause outside our reasonable control or by inability to procure materials or articles except at higher prices due to any such cause and in such circumstances we shall be entitled by notice to terminate the contract in whole or in part without incurring any liability whatsoever to you.

 

 

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