TERMS AND CONDITIONS – URBN TIDES LTD ONLINE STORE

General provisions

1.The URBN TIDES LTD online store available at the urbnclouds.co.uk web address is run by URBN TIDES LTD, registered in the UK Companies House under company number 16411763, with its registered office at 21, Rennets Wood Rd, Eltham, London, Greater London, SE9 2NF, UNITED KINGDOM.

2.Contact information;

    • postal address; URBN TIDES LTD, 21, Rennets Wood Rd, Eltham, London, Greater London, SE9 2NF, UNITED KINGDOM, e-mail address; contact@urbnsleep.co.uk

    • Customer Service telephone number; +4407935320074, available from Monday to Friday from 9:00 a.m. to 5:00 p.m. (standard network rates apply, according to your service provider’s tariff).

    • The Customer may communicate with the Seller using the addresses and telephone numbers specified in this paragraph.

Definitions.

Whenever the following terms are used in these Regulations, they shall be understood as such:

    • Seller – URBN TIDES LTD, registered in the UK Companies House under company number 16411763, with its registered office at 21, Rennets Wood Rd, Eltham, London, Greater London, SE9 2NF, UNITED KINGDOM

    • Store – online store run by the Seller at the urbnclouds.co.uk Internet address,

    • A customer may be a natural person who is at least 13 years old. If the person has not yet reached the age of 18, the consent of his/her legal guardian is required, unless the person has full legal capacity. A customer may also be a legal person or an organizational unit without legal personality, but with legal capacity in accordance with the law, using the Store, in particular, placing orders through the Online Store under the terms of the Regulations.

    • Consumer – a natural person concluding a contract with the Seller through the Store, the subject of which is not directly related to their economic or professional activity, as defined in the Consumer Rights Act 2015,

    • An entrepreneur may be a natural person, a legal person or an organizational unit without legal personality, but with legal capacity under the law, acting on its own behalf in the course of business and using the Store.

    • Regulations – these regulations of the Store,

    • Order – an expression of the Customer’s will, placed through the Online Store (in the form of an Order Form), containing information about the type and quantity of goods available in the Online Store’s assortment at the time of placing the order, the selected method of payment and delivery, the place of delivery of the goods and the Customer’s data. It constitutes the Customer’s offer to the SELLER to conclude a contract of sale of the goods covered by the order through the Online Store.

    • Order processing time – the number of working days in which the SELLER completes the order placed by the Customer in the Store, entrusts the ordered goods to the carrier and delivers the ordered goods via the carrier to the place specified by the Customer in the order,

    • Working days – days from Monday to Friday except for bank holidays in the United Kingdom.

    • A distance contract is a contract concluded with the Customer within an organized system of concluding contracts at a distance (within the Store), without the simultaneous physical presence of the parties, using means of distance communication until the conclusion of the contract, as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

    • Customer Account- Customer’s account in the Store, based on which the data provided by the Customer and information about the Orders placed by him/her in the Store are collected,

    • Registration form- a form available in the Store, which, after entering basic data such as surname, first name, year of birth, mailing address and e-mail address, allows the free creation of a Customer Account.

    • Order form-an interactive form available in the Store that allows placing an Order, in particular by adding products to the Basket and determining the terms of the Sales Agreement, including the method of delivery and payment,

    • The Shopping Cart is the part of the Store’s software in which the Customer sees the products selected for purchase. It is also possible to set and modify the order data, in particular the quantity of products.

    • Sale of Goods Act – the Sale of Goods Act 1979 as amended.

    • Consumer Rights Act – the Consumer Rights Act 2015.

    1. Placing orders by the Customer for Products in the Store’s assortment is possible without creating an Account by providing the necessary personal and address data to enable the Order to be processed.

    1. The Customer may set up an account in the online store by selecting the “Login/Registration” option on the home page or while placing an order.

    1. Establishing a Customer Account in the online store requires filling out a registration form. In order to register, the Customer must accept the Terms and Conditions and agree to the processing of personal data, which is required to set up a Customer Account and to process orders and provide electronic services. Providing data marked as obligatory is necessary, while providing data not marked as obligatory is voluntary.

    1. After completing the registration form, press the “Register” button. Subsequently, a message confirming the registration of the Customer’s Account will be sent by URBN TIDES LTD to the electronic mail address (e-mail address) provided in the registration form. The contract for provision of services by electronic means in the scope of enabling the Customer to establish and use a Customer Account on the website of the Online Store shall be concluded at the moment the Customer receives an electronic message confirming the registration of the Customer Account. The Customer Account service is provided free of charge for an indefinite period of time.

    1. After registration of the Customer Account, the Customer may log in to the Online Store by providing the electronic mail address (e-mail address) and password indicated during registration.

    1. The Customer has the option to terminate the Customer Account service agreement at any time, without having to give a reason or incur additional costs. He may do so by sending a request to the SELLER for the deletion of the Customer Account, e.g. by e-mail or in writing, providing the current e-mail address registered in the Online Store.

    1. The SELLER may terminate the contract for the provision of Customer Account services with 14 days’ notice for valid reasons, which include:
        • violation by the Customer of the provisions of the law or the provisions of the Regulations when using the Online Store,

        • interference by the Customer with the rights of third parties or violation of good morals when using the Online Store,

        • interference by the Customer with the proper functioning of the Online Store,

        • excessive sending of unsolicited commercial information (spam) by the Customer through the Online Store.

    1. The SELLER may terminate the contract for the provision of the Customer’s Account service by sending the Customer an appropriate statement via e-mail to the e-mail address that is currently registered in the Online Store.

    1. Termination of the agreement for the provision of the Customer Account service by either Party, as well as termination of the agreement for the provision of the Customer Account service with the consent of both Parties, will result in the blocking and removal of the Customer’s Account from the Online Store.

    1. Termination of the agreement for the provision of the Customer Account service by any of the Parties, as well as with the consent of both Parties, shall not affect the rights acquired by the Parties before the termination or cancellation of the agreement.

Rules for Placing an Order

    1. The conclusion of the contract of sale between the customer and the seller takes place after the customer places an order using the order form in the online store.

    1. The basic step in the process of placing an order is reading and accepting these Regulations by the Customer, which he confirms by checking the appropriate box before finalizing the order. Lack of acceptance of the Terms and Conditions by the Customer during the ordering process prevents the purchase of goods through the Store.

    1. An element of the order placement procedure is also providing by the Customer his/her personal data indicated in the order form, marked as obligatory, as well as expressing by the Customer, by checking the appropriate box before finalizing the order, consent to processing of the Customer’s personal data provided during order placement for the purpose of realization and handling of the order placed in the Store. Providing personal data marked as obligatory is voluntary, however, it is necessary in order to place an order. Providing personal data not marked as obligatory is voluntary and is not necessary to place an order.

    1. To place an order, you need to go to the Store’s website, complete the order, choose the area and method of delivery of the goods, the method of payment, fill out the order form, and then approve and submit the order by clicking the “Confirm Purchase” button. Clicking the “Confirm Purchase” button means that the customer has placed an order with the obligation to pay. The customer can complete the order by adding the selected products to the shopping cart. After adding products to the shopping cart, the Customer proceeds to the checkout, where he selects the area and method of delivery, method of payment and fills out the order form.

      1. The binding and final price is the price shown in the “Basket” in the order summary at the time the Customer places the order via the Online Store.

      1. The prices of goods presented on the Store’s websites are subject to change, but the change in the price of goods does not affect orders placed before the price change became effective.

    Method of Payment of the Price for the Ordered Goods and Delivery Charges for the Ordered Goods.

      • The prices of goods presented on the pages of the Online Store do not include delivery charges, which are determined in accordance with § 10 of these Regulations. Delivery costs for the ordered product are announced on the Store’s website when the order is placed, including immediately before it is approved by the Customer. These costs are included in the total value of the order, which includes the price of the product and delivery costs.

      • The Customer makes payment before receipt of the ordered goods (payment in advance), where payment is made by bank transfer to the account indicated in the e-mail correspondence received from urbnclouds.co.uk after the order.

      • The customer makes payment before receipt of the ordered goods (payment in advance), where payment is made by electronic transfer via payment processors such as Stripe, PayPal or similar approved services.

    Payment in advance, by wire transfer, will be made to the account of URBN TIDES LTD, 21, Rennets Wood Rd, Eltham, London, Greater London, SE9 2NF, UNITED KINGDOM. Account details will be provided in the order confirmation email.

    Payment term:

    If the customer chooses to pay by bank transfer or electronic payment, he must make payment within 3 calendar days from the date of conclusion of the sales contract.

      • If the customer chooses payment by card, order processing will begin after positive authorization of the transaction.

      • If the customer chooses payment by bank transfer or electronic payment, order processing will begin after the payment is credited to the account.

      • If the customer chooses payment by cash on delivery, he/she must make payment upon receipt of the shipment.

    If there is a need for a refund for a transaction made by the customer via the Internet (wire transfer, Stripe, PayPal, or similar), the seller will make a refund to the bank account according to the chosen payment method of the buyer within 7 working days.

    Fulfillment of Orders, Method and Costs of Delivery of Ordered Goods.

      1. Goods ordered through the Store are delivered within the United Kingdom.

      1. If the Customer orders goods through the Online Store and wishes to receive them within the United Kingdom, the goods will be delivered, according to the Customer who made the choice when placing the order, as follows:
          • through a courier company, to the address indicated by the Customer in the order, or;

          • via collection points or lockers – in which case the ordered goods are delivered to the collection point or locker chosen by the Customer in the order.

      1. Goods ordered by the Online Store are delivered to the location indicated by the Customer in the order on business days. Delivery of the ordered goods to the place indicated by the Customer when placing the order is charged according to the following rules.

      1. The cost of delivering the ordered goods within the United Kingdom is:
          • £4.99 – in case the ordered goods are delivered via courier companies such as DPD, Hermes, or Royal Mail tracked service

          • £3.50 – in case the ordered goods are delivered via collection points or locker systems

          • £2.99 – in case the ordered goods are delivered via Royal Mail standard service

      1. The processing time of an order placed via the Store, in case the ordered goods are to be delivered within the United Kingdom, is up to 7 working days counting from the day URBN TIDES LTD sends an electronic message to the Client confirming that the order has been accepted for processing.

      1. In the aforementioned cases, 4 working days are for the preparation of the order and transfer of the shipment to the carrier for
          1. The consumer may cancel the contract by informing the SELLER of his/her decision in an unequivocal manner, for example by sending a letter by mail to the address: URBN TIDES LTD, 21, Rennets Wood Rd, Eltham, London, Greater London, SE9 2NF, UNITED KINGDOM, marked “Return”, or by sending this statement by e-mail to the address contact@urbnsleep.co.uk. You can use the withdrawal form, the model of which is attached as Appendix No. 2 to these Regulations, but it is not necessary.

          1. To meet the deadline for withdrawal from the contract, it is sufficient to send information on the exercise of the right of withdrawal before the expiry of the deadline for withdrawal from the contract.

          1. In the case of withdrawal from a contract concluded at a distance, the contract is considered not concluded. If the Customer who is a Consumer has made a declaration of withdrawal from the contract before the SELLER has accepted his offer, the offer shall cease to be binding.

          1. If the Consumer decides to withdraw from the contract, he/she is obliged to return the goods to the SELLER immediately, but no later than within 14 days of informing the SELLER of his/her decision. To meet the deadline, it is sufficient to send the goods back before the expiry of this 14-day period to the address URBN TIDES LTD, 21, Rennets Wood Rd, Eltham, London, Greater London, SE9 2NF, UNITED KINGDOM, with the note “Return”.

          1. The Consumer shall bear the direct costs of returning the goods.

          1. If the Consumer has chosen a method of delivering the goods other than the cheapest ordinary method of delivery offered by URBN TIDES LTD, the SELLER shall not be obliged to reimburse the Consumer for the additional costs incurred by the Consumer.

          1. In the situation of withdrawal from the contract, the SELLER undertakes to return to the Consumer all payments received, including the costs of delivering the goods, immediately, but no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the contract. Please note that the refund includes only the cost of standard delivery, and not additional costs resulting from the Consumer’s choice of other than the cheapest ordinary delivery method offered by URBN TIDES LTD.

          1. The return of the payment will be made by the SELLER using the same means of payment used by the Consumer, unless the Consumer has expressly agreed to another way of returning the payment – in any case the Consumer will not incur any fees in connection with the return.

          1. The SELLER shall have the right to withhold reimbursement from the Consumer until the Consumer has received the goods back or the Consumer has provided proof of return, whichever event occurs first.

          1. The Customer shall be liable for any diminution in the value of the goods resulting from the use of the goods beyond what is necessary to assess their nature, characteristics and functioning.

          1. In accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the right of withdrawal from a contract concluded remotely does not apply to the Consumer with respect to, among others, contracts:
              • the provision of services, where the trader has performed the service in full with the express consent of the consumer, who was informed before the start of the performance that after the performance by the trader he will lose the right to withdraw from the contract;

              • in which the subject of the provision is a non-refabricated thing, produced to the consumer’s specifications or serving to meet his individualized needs;

              • in which the subject of the performance is an item subject to rapid deterioration or having a short shelf life;

              • in which the subject of the performance is an item delivered in sealed packaging that cannot be returned after opening the packaging for health or hygienic reasons, if the packaging has been opened after delivery;

              • in which the subject of the service are things that, after delivery, due to their nature, become inseparable from other things.

        Complaint Handling Procedure

          1. The seller is obliged to provide customers with goods without physical or legal defects. He is liable for defects in goods in accordance with the provisions of the Sale of Goods Act 1979 and the Consumer Rights Act 2015.

          1. A complaint may be submitted by the Client in writing or by e-mail to contact@urbnsleep.co.uk with the note “Complaint”.

          1. It is recommended that the complaint should include: name and surname, mailing address, e-mail address for response, date of purchase, description of the defect, date of its discovery, request and preferred way of informing about the complaint processing. The complaint should be accompanied by proof of purchase, such as a copy of the receipt or invoice. The suggested description of the complaint is only an example, and failure to include it does not affect the effectiveness of the complaint.

          1. A customer who exercises warranty rights is obliged, at the expense of the seller, to deliver the defective goods to the SELLER.

          1. The SELLER shall consider and respond to the complaint immediately, no later than within 14 days from the date of complaint. The Customer will be informed about the manner of consideration of the complaint in accordance with the data indicated in the complaint.

        Out-of-Court Ways of Handling Claims and Investigating Claims

          • The Seller informs that the Consumer may use out-of-court procedures for settling complaints and pursuing claims. The conditions for access to these procedures are specified at the offices or on the websites of institutions authorized to settle disputes out of court. These may include the Citizens Advice Bureau, Trading Standards or the Competition and Markets Authority. A full list is available on the website of the UK Government at: https://www.gov.uk/government/publications/alternative-dispute-resolution-for-consumers.

          • A Consumer may request the initiation of proceedings for out-of-court resolution of consumer disputes regarding the concluded Sales Agreement to an approved Alternative Dispute Resolution (ADR) provider, in accordance with the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015.

          • The Customer, who is a Consumer, has the right to apply for settlement of a dispute regarding the concluded Sales Agreement through the relevant dispute resolution schemes available in the UK.

          • If the Contract of Sale has been concluded between the User who is a consumer and the Seller via the Website, in accordance with EU Regulation No. 524/2013, we hereby inform that the User who is a consumer has the right to seek resolution of a possible consumer dispute with us in an out-of-court manner, through the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/.

          • The Seller informs that it may use the out-of-court dispute resolution methods as provided in the UK’s alternative dispute resolution framework for consumers.

        Personal Information and Privacy Policy

          1. The controller of the personal data of the Store’s Customers is URBN TIDES LTD, registered with the UK Companies House under company number 16411763, with its registered office at 21, Rennets Wood Rd, Eltham, London, Greater London, SE9 2NF, UNITED KINGDOM.

          1. The collection and processing of Customers’ personal data will be carried out in accordance with the principles set forth in the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 concerning the protection of natural persons in relation to the processing of personal data and the free flow of such data.

          1. In matters related to the protection of personal data, the Customer may contact us by writing to contact@urbnsleep.co.uk.

          1. Provision of personal data by Users of the Website is voluntary. The data will be processed for the purpose of registration in the Store and, if consent is given, for marketing purposes and for sending the Newsletter. In the case of a purchase, personal data will be processed for the purpose of executing the contract of sale and delivery of goods. Failure to provide data necessary to conclude the contract will result in the refusal to conclude the contract.

          1. The legal basis for the processing of personal data in the scope of customer registration in the online store, marketing of products and services and participation in the Newsletter service is the consent given, while in the case of purchase of goods the processing of data is necessary for the implementation of the contract.

          1. Personal data will be stored until the Customer withdraws consent or up to 5 years from the completion of the order.

          1. Customers’ personal data will be transferred to companies providing ICT services, legal services and marketing activities, as well as those engaged in the delivery of goods. We do not provide for the transfer of Customers’ personal data outside the UK unless adequate safeguards are in place in accordance with the UK data protection legislation.

          1. Each Customer has the right to request access to their data, rectification, portability and deletion, as well as the right to restrict data processing. In connection with the processing of personal data, the Customer also has the right to file a complaint with the Information Commissioner’s Office (ICO).

          1. Based on Customers’ personal data, we will not make automated decisions, including decisions resulting from profiling.

          1. You may at any time withdraw your consent to the processing of personal data that has been processed on the basis of your consent. The withdrawal of consent will not affect the lawfulness of the processing carried out prior to its withdrawal.

          1. THE INTERNET STORE uses cookies, i.e. small text and number files, which are saved by the ICT system in the User’s ICT system (on the User’s computer, phone or other device from which the connection with the Website was made) while browsing the Website, including the “Online Store” subpage, and allow for subsequent identification of the User in case of reconnection with the Website from the device (e.g. computer, phone) on which they were saved.

          1. Cookies collect information about the User’s use of the Website, including the subpages visited. Their main purpose is to facilitate the use of the Website and to customize the content of the Website to the individual needs and expectations of the User (personalization of content), as well as to analyze traffic on the Website.

          1. Cookies are used on the Website with the User’s consent. Consent may be expressed by the User through appropriate settings of the software, in particular the Internet browser, installed in the telecommunications device used by the User to view the content of the Website.

          1. The User of the Service has the option at any time to reduce or completely disable cookies in his browser, setting it to block cookies or to inform the User of an attempt to save a cookie on his device. However, please note that such a decision may affect the restriction of the functionality of the Website, including the inability to access certain content and, in extreme cases, the inability to properly display the pages of the Website, including the “Online Shop” subpage.

          1. Detailed information on data protection and privacy policy can be found in the Privacy and Cookies Policy, available on the Shop’s website in the “Privacy Policy” tab at urbnclouds.co.uk.

        Final Provisions

          1. Contracts concluded through the Store are concluded in the English language.

          1. The Seller respects all the rights of Customers provided by the applicable laws, in particular the Sale of Goods Act 1979 and the Consumer Rights Act 2015. The provisions of these Regulations are not intended to limit or exclude any rights of Customers under the law.

          1. These Regulations are available free of charge on the Store’s website under the “Regulations” tab.

          1. The Seller reserves the right to make changes to the Regulations for legal or organizational reasons. Each Customer will be informed of any changes to the Terms and Conditions by posting a message about the changes on the Store’s website, including a description of the changes and maintaining this information on the Store’s website for at least 14 consecutive calendar days. Customers who have a registered Customer Account will additionally be notified of changes to the Terms and Conditions by sending information to the e-mail address provided during registration, containing a description of the changes. Notification of changes to the Terms and Conditions will be made no later than 14 calendar days before the changes take effect. Amendments to the Terms and Conditions will become effective on the date specified with the information about the amendments, but no earlier than 14 calendar days from the date of notification of the amendments. The amended Terms and Conditions will be effective for the Customer who has registered a Customer Account, unless, in the case of non-acceptance of the changes, the Customer terminates the agreement for the provision of Customer Account services in the manner specified in the Terms and Conditions within 14 days of receipt of information about the changes.

          1. In the event of changes to these Terms and Conditions, all agreements concluded and orders placed before the effective date of the changes will be executed in accordance with the version of the Terms and Conditions in effect on the date the agreement was concluded and the Customer placed the order.

          1. In cases not regulated by these Regulations, the provisions of UK law shall apply, in particular the provisions of the Sale of Goods Act 1979, as well as the provisions of the Consumer Rights Act 2015, if the Customer is a consumer.

          1. The appendices to the Regulations are:
              • Information about the right to withdraw from the contract which constitutes Appendix No. 1 to the Regulations

              • Model form of withdrawal from the contract, which constitutes Appendix No. 2 to the Regulations.

          1. These Regulations shall enter into force on [CURRENT DATE] and shall apply to contracts concluded from that date.

        Download Appendix No. 1.docx