hese terms of use (‘Terms’) apply to the website at www.ultramar-studio.com (‘Site’).  You can print off these Terms, or store them in your computer, for future reference. Please read them carefully. By accessing and using the Site you agree to be legally bound by these terms. If you do not wish to accept these Terms, then please do not use the Site.

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1. ABOUT US

The Site is provided by Ultramar Studio(‘Company’)

 

 

2. THE SITE

We reserve the right to change the way the Site works from time to time and to withdraw any features or content provided on the Site without notice.

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 3. FORMATION OF CONTRACTS

(a)        No contract exists between you and the Company for the sale of any goods until the Company has received and accepted your order and sends you confirmation by email to the email address you have given. Once the Company does so, there is a binding legal contract between us.
(b)        The Group reserves the right to enforce any term of the binding contract made between you and the Company, pursuant to the Contract (Rights of Third Parties) Act 1999.
(c)        The contract is subject to your right of cancellation as a consumer (see 7(a) below).

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4. DESCRIPTION, SPECIFICATION AND PRICE OF GOODS

(a)        All goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Company will inform you as soon as possible, and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
(b)        The description, specification and price of the goods you order will be as shown on the Site at the time you place your order.
(c)        The Company’s policy is to improve its products continually, and so reserves the right to make minor technical changes to the specification of the goods without affecting their then function, quality or price.
(d)        Every effort will be made to ensure that prices shown on the Site are accurate at the time you place your order. If an error is found prior to despatch of the goods, the Company will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, the Company will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
(e)        In addition to the price, you will be required to pay a delivery charge for the goods, as shown in the section of the Company’s catalogue or the Site.
(f)        Where the goods are supplied for export from the United Kingdom, you will be liable for shipping charges as agreed with the Company and displayed on the Delivery section of the Site, and responsible for complying with any legislation or regulations governing the importation of the goods into the country of destination.
(g)       You will be responsible for paying all import duties, customs taxes and local sales taxes when shipping to the countries listed under the heading ‘Taxes and Duties’ in the Deliverysection of the Site. If goods are being shipped to any other country, you will be liable for any duties imposed on those goods by the country of destination.
(h)       We reserve the right to change our prices at any time and without prior notice.

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5. PAYMENT

(a)        Payment for the goods and delivery charges can be made by any method indicated on the Site at the time you place your order.
(b)        The Company will accept payment in US Dollars (USD), Euros (EUR) and Pound Sterling (GBP). You will be charged in the currency indicated next to your choice of country in the top left corner of each page on the Site, regardless of the location of any billing or shipping address that you provide. If the currency shown is different to the denominated currency of the credit or debit card you are using to make the payment, the Company will not be liable for any loss caused by any charges or exchange rates imposed by your credit or debit card issuer as a result.
(c)          Upon checkout, you will be notified of any delivery and shipping charges you may be liable to pay.
(d)        All payments are made to and processed by the Company.
(e)        We always aim to process orders within 2 working days, however sometimes this may take up to 5 working days.
(f)        When an item is out of stock, you will see the option to pre-order via email request. No payment will be taken at this point, however once the item is back in stock we will notify you so that you can purchase the item.

 

 

6. DELIVERY

(a)        The goods you order will be delivered to the address you give when you place your order, subject to confirmation by the Company.
(b)        If our service provider cannot deliver to your address, the Company will inform you as soon as possible, and refund or re-credit you for any sum that has been paid by you or debited from your credit card for delivery.
(c)        If there is no one at the address given who is competent to accept delivery of the goods, you will be notified by our service provider of an alternative delivery date or a place to collect the goods.
(d)        Every effort will be made to deliver the goods as soon as possible after your order has been accepted. The Company aims to ensure delivery within the delivery time frames advised in the Delivery section of the Site. The Company will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery.
(e)        Once the item has left its consignment origin, the Company is not responsible for any further cost or additional charges incurred after that point.
(f)        Bohinc Studio is not responsible for clearing customs, payment of any duties, taxes, charges or for the communication between the local tax office and the client / final receiver.
(g)       The client / final receiver needs to be readily available for contact by local customs should any tax, duties or charges be payable. If for any reason the local customs is unable to contact the final receiver, the shipping company may return the item back to its origin. The client / receiver will be solely responsible for the payment of all costs, such as the return shipment to origin, the release fee and any associated charges. The client / receiver will then also be liable for all further shipping costs.
(h)        You will become the owner of the goods you ordered and responsible for risk of loss or damage to them once they have been delivered to you.

 

 

 

7. YOUR RIGHT OF CANCELLATION

(a)        Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, customers within the EU have the right to cancel the contract at any time up to the end of fourteen days after you receive the goods, except for custom and made to order pieces (f) 
(b)        To exercise your right of cancellation, you must give written notice to the Company within 14 days of receipt of the goods, supplying all details of the order and delivery.
(c)        If you exercise your right of cancellation after the goods have been delivered to you, you must return the goods to the Company within one week, at your own cost. The item must be unused and in perfect and re-saleable condition. Items are only returnable in the original, undamaged packaging. The goods must be returned to the address of dispatch, as instructed by the Company. You must take every care to ensure the goods are not damaged whilst in your possession or in transit. If the return is to be made by courier, the Company recommends the customer buys full insurance to cover the risk of damage during transit. 
(d)        Once you have notified the Company that you are cancelling the contract, the Company will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
(e)        If you do not return the goods as required, the Company may not be able to accept delivery or provide a refund or charge you for the direct costs of recovering the goods.
(f)         You do not have the right to cancel the contract if the order is for any custom pieces which are specially designed for you, or which have been amended, modified or customised in accordance with your instructions. The sale of all custom pieces is final and these cannot be returned. This includes any catalogue pieces that are made to order, when not available in stock.
(g)        For all other returns, please read returns policy on the Returns section of the Site. This does not affect your statutory rights as a consumer. All refunds will be made in the same currency as the related purchase. The Company will not be liable for any loss this may cause due to fluctuations in exchange rates or any other related reason causing the value of the refund to be less than the sum originally paid. 
(h)       You do not have the right to cancel the contract if the item is bought discounted. Discounted items cannot be returned for refund.

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8. USE OF THE SITE

(a)        You may access the Site solely for your own personal use. You must not use any content provided on the Site for any illegal purpose.
(b)        In particular, you may not use the Site for any of the following purposes:
(i)           disseminating any unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, or otherwise objectionable material or otherwise breaching any laws;
(ii)          transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;
(iii)         interfering with any other person’s use of the Site; or
(iv)        making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
(c)        If you breach this provision, you will be responsible for any losses and costs resulting from your breach.
(d)        We may terminate your use of the Site with immediate effect if you breach any of these Terms.
(e)        If you choose to access the Site from outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.

 

 

9. SERVICE ACCESS

(a)        While we try to ensure that the Site is normally available 24 hours a day, we cannot be held responsible if for any reason the Site is unavailable at any time or for any period.
(b)        We reserve the right to suspend access to the Site at any time for operational, regulatory, legal or other reasons.
(c)        Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
(d)        Although we make all reasonable efforts to ensure that the server that makes the Site available is bug and virus free, we cannot provide any guarantee in this respect.
(e)        You are responsible for obtaining Internet access to the Site from where you are in order to use the Site. We cannot be held responsible for your failure to access the Site from any location or browser. Any access fees incurred in reaching the Site (e.g. dial up charges) are your responsibility.
(f)         Owing to the nature of the Internet and the fact that your access to the Site involves functionality outside our control, we cannot be held responsible for technical problems that you may experience with the Site.
(g)        While we try to use all reasonable care in providing access to the Site, we cannot be held responsible for any corruption or loss of data held on your computer, or any damage caused to your computer resulting from your use of the Site.

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10. INTELLECTUAL PROPERTY RIGHTS

(a)        Ewan Lamm (You Win Chan )owns all intellectual property (including without limitation the Ewan Lamm & Ultramar Studio names, trademarks (registered and unregistered), all copyright and designs, logos, and images) in the goods produced by the company and displayed on the Site and in its catalogues.
(b)        No third party, except as expressly permitted in writing by us, shall have any rights to use any Ewan Lamm & Ultramar Studio intellectual property, nor shall they have any rights in any designs, plans, drawings or images, or names, logos, relating to the goods, their packaging or to any materials displayed on this Site. All these rights are protected by registration and / or applicable laws and all of the Company's rights against any third party who uses them without express consent are expressly reserved.
(c)        All intellectual property rights in any part of the Site are licensed to Ewan Lamm & Ultramar Studio. No intellectual property right in any part of the Site, including without limitation rights to any designs comprising the goods or any parts of them, are intended to, nor shall they be deemed to, transfer to any person who accesses the Site.
(d)        We may at our own discretion and without giving notice alter, remove or suspend any part of the Site. In no event will we be liable for any loss or damage arising as a result of modifications made to the Site.

 

 

11. DISCLAIMER OF LIABILITY

(a)        We will not have any liability arising out of or in connection with the use of the Site or its non-availability for:
(i)           any business losses (such as loss of profits, business, contracts or goodwill); or
(ii)          any matters due to any events outside our reasonable control; or
(iii)         any unforeseeable losses or damages.
(b)        We do not seek to exclude or limit our liability for death or personal injury caused by negligence, or for fraudulent misrepresentation, or any other liability which may not be excluded by law.
(c)        We will have no liability arising from any link being placed on the Site to another website which we are not responsible for.

 

 

12. COOKIES

(a)    We may use technology to track the patterns of behaviour of visitors to our site and 'personalise' your shopping experience. This can include using a 'cookie' which would be stored on your browser. The information collected in this way can be used to identify you unless you modify your browser settings. The use of cookies in this way is essential to the shopping experience the Company provides.
(b)    By using the Site you agree to allow the Company to use cookies to maintain the effective operation of the Site. The Company may from time to time request that you accept the use of cookies when using the Site. If you do not wish to use cookies please do not access the Site. For more information on cookies visit: http://www.allaboutcookies.org/

 

 

13. NOTICES

Unless otherwise stated in these Terms, all notices from you to us must be in writing and sent to our contact email address info@ultramarstudio.co.uk.

All notices from us to you will be displayed on the Site from time to time.

 

 

14. GOVERNING LAW AND JURISDICTION

These Terms are governed by English law, and you and we agree to submit to the jurisdiction of the English courts.

 

 

15. CONTACT DETAILS

If you require further information about the Company or any content on the Site, please email info@ultramarstudio.co.uk.