Terms and Conditions

01 These terms

1.1 What these terms cover. These are the terms and conditions on which we supply
products to you, whether these are goods, services or digital content.

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.

 

02 Information about us and how to contact us

2.1 Who we are. We are LitUpp Global Limited a company registered in England and
Wales. Our company registration number is 10390927 and our registered office is at
Tower Bridge House, St Katherine’s Way, London E1W 1DD. Our registered VAT
number is 271502919.

2.2 How to contact us. You can contact us by writing to us at info@litupp.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
order.

2.4 “Writing” includes emails. When we use the words “writing” or “written” in these
terms, this includes emails.

 

03 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 by email and will not charge you for the product. This might be
because of unexpected limits on our resources which we could not reasonably plan
for, because a credit reference we have obtained for you does not meet our
minimum requirements, because we have identified an error in the price or

description of the product or because we are unable to deliver the product to you.

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.

 

04 Our Products

4.1 Products may vary slightly from their pictures. The images of the products on our
website are for illustrative purposes only. Although we have made every effort to
display the colours accurately, we cannot guarantee that a device’s display of the
colours accurately reflects the colour of the products. Your product may vary slightly
from those images.

 

05 Our rights to make changes

5.1 Changes to the products. We may change the product:
(a) to reflect the requirements of relevant laws and regulations; and
(b) to implement minor technical adjustments and improvements, for example
to address a security threat.

5.2 Updates to digital content. We may update or require you to update digital content,
provided that the digital content shall always match the description of it that we
provided to you before you bought it.

 

06 Providing the products

6.1 When we will provide the products.
(a) If the products are goods. If the products are goods we will deliver them to
you as soon as reasonably possible and in any event within 30 days after the
day on which we accept your order OR we will contact you with an
estimated delivery date, which will be within 14 days after the day on which
we accept your order.
(b) If the products are one-off services. We will begin the services on the date
agreed with you during the order process. The estimated completion date
for the services is as told to you during the order process.
(c) If the product is a one-off purchase of digital content. We will make the
digital content available for download by you as soon as we accept your
order.
(d) If the products are ongoing services or a subscription to receive goods or
digital content. We will supply the services, goods or digital content to you
until either the services are completed or the subscription expires (if
applicable) or you end the contract as described in clause 7 or we end the
contract by written notice to you as described in clause 9.

6.2 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.

6.3 Reasons we may suspend the supply of products to you. We may have to suspend
the supply of a product to:
(a) deal with technical problems or make minor technical changes; or
(b) update the product to reflect changes in relevant laws and regulatory
requirements.

6.4 Your rights if we suspend the supply of products. We will contact you in advance to
tell you we will be suspending supply of the product, unless the problem is urgent or
an emergency. If we have to suspend the product [for longer than 30 days in any 1
year period we will adjust the price so that you do not pay for products while they
are suspended. You may contact us to end the contract for a product if we suspend
it, or tell you we are going to suspend it, in each case for a period of more than 30
days and we will refund any sums you have paid in advance for the product in
respect of the period after you end the contract.

6.5 We may also suspend supply of the products if you do not pay. If you do not pay us
for the products when you are supposed to (see clause 11.4) and you still do not
make payment within [7] days of us reminding you that payment is due, we may
suspend supply of the products until you have paid us the outstanding amounts. We
will contact you to tell you we are suspending supply of the products. We will not
suspend the products where you dispute the unpaid invoice (see clause 11.6). We
will not charge you for the products during the period for which they are suspended.
As well as suspending the products we can also charge you interest on your overdue
payments (see clause 11.5).

 

07 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, how
we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed 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;
(b) 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;
(c) If you have just changed your mind about the product, see clause 7.3. You
may be able to get a refund if you are within the cooling-off period, but
this may be subject to deductions and you will have to pay the costs of
return of any goods;
(d) In all other cases (if we are not at fault and there is no right to change
your mind)

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 (a) to (e) 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:
(a) 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;
(b) there is a risk that supply of the products may be significantly delayed
because of events outside our control;
(c) 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 [PERIOD]; or
(d) you have a legal right to end the contract because of something we have
done wrong.

7.3 Exercising your right to change your mind. 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 Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee
offered by LitUpp Global Ltd to its UK customers, which is more generous than your
legal rights under the Consumer Contracts Regulations in the ways set out below.
This goodwill guarantee does not affect your legal rights in relation to faulty or
misdescribed products (see clause Fejl! Henvisningskilden blev ikke fundet.):</>

Right under the Consumer Contracts
Regulations 2013
How our goodwill guarantee is more
generous
14 day period to change your mind. [NUMBER] day period to change your mind.
Consumer to pay costs of return. We pay the costs of return.

7.5 When you don’t have the right to change your mind. You do not have a right to
change your mind in respect of:
(a) digital products after you have started to download or stream these;
(b) services, once these have been completed, even if the cancellation period
is still running;
(c) products sealed for health protection or hygiene purposes, once these
have been unsealed after you receive them;
(d) sealed audio or sealed video recordings or sealed computer software, once
these products are unsealed after you receive them; and
(e) any products which become mixed inseparably with other items after their
delivery.

7.6 How long do I have to change my mind? How long you have depends on what you
have ordered and how it is delivered.
(a) Have you bought services? If so, you have 14 days after the day we email
you to confirm we accept your order. However, once we have completed
the services you cannot change your mind, even if the period is still
running. If you cancel after we have started the services, you must pay us
for the services provided up until the time you tell us that you have
changed your mind.
(b) Have you bought digital content for download or streaminif so, you have
14 days after the day we email you to confirm we accept your order, or, if
earlier, until you start downloading or streaming. If we delivered the
digital content to you immediately, and you agreed to this when ordering,
you will not have a right to change your mind.
(c) Have you bought goods if so you have 14 days after the day you (or
someone you nominate) receives the goods, unless:
(i) 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.
(ii) Your goods are for regular delivery over a set period. In this case
you have until 14 days after the day you (or someone you
nominate) receives the first delivery of the goods.

7.7 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, but you may
have to pay us compensation. A contract for goods or digital content is completed
when the product is delivered, downloaded or streamed and paid for. A contract for
services is completed when we have finished providing the services and you have
paid for them. If you want to end a contract before it is completed where we are not
at fault and you have not changed your mind, just contact us to let us know. The
contract will end immediately and we will refund any sums paid by you for products
not provided but we may deduct from that refund (or, if you have not made an
advance payment, charge you) [£[ ] as compensation for the net costs we will incur
as a result of your ending the contract OR reasonable compensation for the net
costs we will incur as a result of your ending the contract OR a percentage of the
price calculated as per [TABLE] depending on the date on which you end the
contract, as compensation for the net costs we will incur as a result of your doing so.]

 

08 How to end the contract with us

8.1 Tell us you want to end the contract. To end the contract with us, please let us
know by doing one of the following:
(a) Email. Email us at info@litupp.com. Please provide your name, home
address, details of the order and, where available, your phone number and
email address.

8.2 Returning tangible products after ending the contract. If you end the contract for
any reason after tangible products have been dispatched to you or you have
received them, you must return them to us. You must either return the goods in
person to where you bought them, post them back to us at LitUpp Global Ltd.,
Tower Bridge House, St. Katharine´s Way, London E1W 1DD UK or (if they are not
suitable for posting) allow us to collect them from you. Please email us at
info@litupp.com 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:
(a) if the products are faulty or misdescribed;
(b) 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; or
(c) if you are exercising your right to change your mind.
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:
(a) 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.
(b) The maximum refund for delivery costs will be the costs of delivery by the
least expensive delivery method we offer. For example, if we offer delivery
of a product within [3-5] days at one cost but you choose to have the
product delivered within 24 hours at a higher cost, then we will only refund
what you would have paid for the cheaper delivery option.
(c) Where the product is a service, we may deduct from any refund an amount
for the supply of the service for the period for which it was supplied,
ending with the time when you told us you had changed your mind. The
amount will be in proportion to what has been supplied, in comparison
with the full coverage of the contract.

8.6 When your refund will be made.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:
(a) If the products are goods and we have not offered to collect them, 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 8.2.
(b) In all other cases, your refund will be made within 14 days of your telling us
you have changed your mind

 

09 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:
(a) you do not make any payment to us when it is due and you still do not
make payment within [ ] days of us reminding you that payment is due; or
(b) [OTHER CIRCUMSTANCES].

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.

9.3 We may withdraw the product. We may write to you to let you know that we are
going to stop providing the product. We will let you know at least [PERIOD] in
advance of our stopping the supply of the product and will refund any sums you
have paid in advance for products which will not be provided.

 

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 send an email to us at info@litupp.com or write to
us: LitUpp Global Ltd., Tower Bridge House, St. Katharine´s Way, London E1W 1DD
UK

 

10.2 Your obligation to return rejected products. If you wish to exercise your legal rights
to reject products you must post them back to us or (if they are not suitable for
posting) allow us to collect them from you. We will pay the costs of postage or
collection. Please email us at info@litupp.com 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 the order pages 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.

11.4 When you must pay and how you must pay. We accept payment with VISA,
Mastercard and Amarican Express. When you must pay depends on what product
you are buying:
(a) For goods, you must pay for the products before we dispatch them. We
will not charge your credit or debit card until we dispatch the products to
you.
(b) For digital content, you must pay for the products before you download
them.
(c) For services, [you must make an advance payment of 100% of the price of
the services, before we start providing them.

11.5 We can charge interest if you pay late. If you do not make any payment to us by the
due date we may charge interest to you on the overdue amount at the rate of 8% a
year above the base lending rate of Danske Bank from time to time. This interest
shall accrue on a daily basis from the due date until the date of actual payment of
the overdue amount, whether before or after judgment. You must pay us interest
together with any overdue amount.
11.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please
contact us promptly to let us know. You will not have to pay any interest until the
dispute is resolved. Once the dispute is resolved we will charge you interest on
correctly invoiced sums from the original due date.

 

12 Our responsibility for loss or damage suffered by you

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 as summarized at clause Fejl! Henvisningskilden blev ikke fundet.

12.3 If defective digital content which we have supplied damages a device or digital
content belonging to you and this is caused by our failure to use reasonable care and
skill we will either repair the damage or pay you compensation. However, we will
not be liable for damage which you could have avoided by following our advice to
apply an update offered to you free of charge or for damage which was caused by
you failing to correctly follow installation instructions or to have in place the
minimum system requirements advised by us.

12.4 We are not liable for business losses. We only supply the products for personal,
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:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) 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 may pass your personal information to credit reference agencies. Where we
extend credit to you for the products we may pass your personal information to
credit reference agencies and they may keep a record of any search that they do.

13.3 We will only give your personal information to third parties where the law either
requires or allows us to do so.

 

14 Other important terms

14.1 We may transfer this agreement to someone else. We may transfer our rights and
obligations under these terms to another organisation.

14.2 You need our consent to transfer your rights to someone else (except that you can
always transfer our guarantee). You may only transfer your rights or your
obligations under these terms to another person if we agree to this in writing.
However, you may transfer our guarantee at clause 7.4 to a person who has
acquired the product or, where the product is services, any item or property in
respect of which we have provided the services.

14.3 Nobody else has any rights under this contract (except someone you pass your
guarantee on to). This contract is between you and us. No other person shall have
any rights to enforce any of its terms, except as explained in clause 14.2 in respect of
our guarantee. Neither of us will need to get the agreement of any other person in
order to end the contract or make any changes to these terms.

4.4 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.

14.5 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.

14.6 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.

14.7 Alternative dispute resolution is a process where an
independent body considers the facts of a dispute and seeks to resolve it, without
you having to go to court. If you are not happy with how we have handled any
complaint, you may want to contact the alternative dispute resolution provider we
use. You can submit a complaint to Small Claims Mediation via their website at
http://www.small-claims-mediation.co.uk/
If you are not satisfied with the outcome you can still bring legal proceedings.
In addition, please note that disputes may be submitted for online resolution to the
European Commission Online Dispute Resolution platform via
https://webgate.ec.europa.eu/odr