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1 These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2 Information about us and how to contact us
2.1 Who we are. We are Brisant Secure Ltd (trading as Ultion) a company registered in England and Wales. Our company registration number is 07880349 and our registered office is at Units 2 and 3 Staincliffe Mill Trade Centre, Halifax Road, Staincliffe, Dewsbury, England, WF13 4AR. Our registered VAT number is 126249518.
2.2 How to contact us. You can contact us by telephoning our customer service team at 0115 784 3162 or by writing to us at Brisant-Secure Ltd, 2-3 Staincliffe Mill Yard, Halifax Road, Dewsbury, WF13 4AW or email@example.com.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your enquiry on our website.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3 Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
4 Our products
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. We have made every effort to display the products accurately; your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5 Our rights to make changes
5.1 We may change the product:
5.1.1 to reflect changes in relevant laws and regulatory requirements; and
5.1.2 to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
6 Providing the products
6.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
6.2 When we will provide the products.
6.2.1 In relation to additional keys, we will begin cutting the keys on the date we accept your order. The estimated completion date for this service will be as told to you during the order process; we will also endeavour to let you know when we will provide the products to you during the order process. We will deliver them to you as soon as reasonably possible and in any event within 7 days after the day on which we accept your order.
6.2.2 In relation to all other products, during the order process we will let you know when we will provide the products to you. We will deliver them to you as soon as reasonably possible and in any event within 7 days after the day on which we accept your order.
6.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery.
6.5 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery the delivery company (as notified to you on acceptance to your order) will contact you for further instructions. If they are unable to make or rearrange the delivery the products may be returned to us. In which case, we may charge you for storage costs and any further costs associated with the delivery that we may incur. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.
6.6 Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
6.6.1 we have refused to deliver the goods;
6.6.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
6.6.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
6.7 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 6.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
6.8 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 6.6 or clause 6.7, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must post them back to us. We will pay the costs of postage or collection. Please call customer services on 0115 784 3162 or email us at firstname.lastname@example.org for a return label or to arrange collection.
6.9 When you become responsible for the goods. The product will be your responsibility from the time we deliver the product to the address you gave us.
6.10 When you own goods. You own a product once we have received payment in full.
6.11 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your key number or credit card details. If so, this will have been stated in our initial response to your website enquiry. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.12 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
6.12.1 deal with technical problems or make minor technical changes;
6.12.2 update the product to reflect changes in relevant laws and regulatory requirements;
6.12.3 make changes to the product as notified by us to you (see clause 5).
6.13 Your rights if we suspend the supply of the product. We will contact you in advance to tell you we will be suspending the supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it and we will refund any sums you have paid in advance for the product.
7 Your rights to end the contract
7.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it and when you decide to end the contract:
7.1.1 If what you have bought is faulty or described incorrectly you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 10;
7.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
7.1.3 If you have just changed your mind about the product, see clause 7.3. Unless you have ordered additional keys from us (in which case please refer to clause 7.4.1), you may be able to get a refund if you are within the 14 day cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
7.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 7.5.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 7.2.1 to 7.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
7.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 5);
7.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
7.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
7.2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
7.2.5 you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 6.6).
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
7.4.1 Have you bought additional keys? If so, you will not be able to change your mind about the product once we have started to cut such additional keys. In most cases we will begin cutting the keys on the day the order is made and as such it is unlikely you will have time to inform us that you have changed your mind.
7.4.2 Have you bought any goods other than additional keys? If so you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
7.5 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 7.1), you can still end the contract before it is completed. A contract for goods is completed when the product is delivered and paid for. If you want to end the contract in these circumstances, just contact us to let us know. We will refund any advance payment you have made for products which will not be provided to you.
8 How to end the contract with us (including if you have changed your mind)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by calling customer services on 0115 784 3162 or emailing us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at Brisant-Secure Ltd, 2-3 Staincliffe Mill Yard, Halifax Road, Dewsbury, WF13 4AW. Please call customer services on 0115 784 3162 or email us at firstname.lastname@example.org for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
8.3 When we will pay the costs of return. We will pay the costs of return:
8.3.1 if the products are faulty or incorrectly described; or
8.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong;
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
8.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
8.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
8.5.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
8.5.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
8.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
8.6.1 Your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
8.6.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
9 Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
9.1.1 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your key number or credit card details; or
9.1.2 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10 If there is a problem with the product
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0115 784 3162 or write to us at Brisant-Secure Ltd, 2-3 Staincliffe Mill Yard, Halifax Road, Dewsbury, WF13 4AW or email@example.com.
10.2 Summary of your legal rights. We are under a legal duty to supply products that conform with the terms of this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
up to 30 days: if your goods are faulty, then you can get an immediate refund.
up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 7.3.
If your product is services, for example the cutting of additional keys, the Consumer Rights Act 2015 says:
you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
10.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage other than where you have changed your mind (as set out above). Please call customer services on 0115 784 3162 or email us at firstname.lastname@example.org for a return label or to arrange collection.
11 Price and payment
11.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on our website when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
When you must pay and how you must pay. You must pay for the products at the point of the order. We accept payment with Visa, Mastercard, and PayPal.
12 Our responsibility for loss or damage suffered by you
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and for defective products under the Consumer Protection Act 1987.
12.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13 How we may use your personal information
13.1 How we will use your personal information. We will use the personal information you provide to us:
13.1.1 to supply the products to you;
13.1.2 to process your payment for the products; and
13.1.3 if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
13.2 We will only give your personal information to other third parties where the law either requires or allows us to do so.
14 The Ultion burglary guarantee.
14.1 We will pay you the first £2,000 of your uninsured loss in the event that burglary takes place at your premises; and
14.1.1 items belonging to you are stolen from your premises; and
14.1.2 the Ultion lock that entry was gained through was installed at your premises within the five (5) years preceding the incident; and
14.1.3 entry was achieved solely by a lock-snapping attack on the registered Ultion lock; and
14.1.4 you completed the registration on the Ultion website within twenty eight (28) days of installation of the Ultion lock; and
14.1.5 a claim form (available here) being completed with documents and items detailed on the claim form checklist is submitted within fourteen (14) days of the incident; and
14.1.6 the lock has only ever been operated with genuine Ultion keys; and
14.1.7 the lock has been maintained in accordance with our maintenance guidelines (available from the Ultion website); and
14.1.8 the date of the burglary is after the date of registration; and
14.1.9 if the front of the Ultion lock has 1 star stamped beneath the keyhole it should be fitted with an accredited Brisant Secure 2 star door handle (available here); and
14.1.10 as determined by us at our discretion.
15 Other important terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.