TERMS & CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE MAKING YOUR DECISION TO PURCHASE.
www.ubeequee.ie (“Website”) is intended only for consumers wishing to order www. ubeequee.ie products and services (“Products” and “Services”). The terms and conditions under which the Products and/or Services are offered for sale on this Website are set out below. By placing an order on the Website you accept and agree to be bound by these terms and conditions. Ubeequee Ltd reserves the right to change these terms and conditions at any time without prior notice. Such change however will have no effect on orders that were submitted before posting of such revised terms and conditions on this Website.
UBEEQUEE is a trading name of Ubeequee Ltd, Company No. 12355656, registered at 190 Maldon Rd, Colchester, Essex CO3 3AZ.
- PLACING YOUR ORDER
2.1. To place an Order you must be 18 years of age or over, be accessible by telephone and have a valid email address.
2.2. You may place an order by:
filling in the order form on the Website after logging into or creating your personal account and clicking on the appropriate submission button
2.3. When you place your order, UBEEQUEE will issue you with a Web Order Number. UBEEQUEE will do this via the Website and subsequently via your specified email address. Please note that such a Web Order Number is supplied for reference purposes only and does not constitute our acceptance of your order.
2.4. By placing an order, you make an offer to us to purchase the Products and/or Services you have selected on these terms and conditions. UBEEQUEE may or may not accept your offer at our discretion or may reduce the number of Products we accept to deliver to you. However, orders submitted by you are binding on you and cannot be cancelled/amended after order submission.
2.5. If UBEEQUEE accepts your order, we will notify you of our acceptance by issuing an order confirmation. UBEEQUEE will send your order confirmation to you by e-mail. The order confirmation will be effective as of the date on which the order confirmation is sent to you. If we cannot accept your order, we will attempt to contact you by email or telephone or post.
2.6. Please note that the on-screen display of the colours, designs, products may differ from the actual appearance or size of Products you receive
- SUPPLY OF YOUR PRODUCTS
Subject to these terms and conditions, UBEEQUEE will supply to you the Products and/or Services indicated on your order confirmation.
4.1. All prices are in EURO’s. Prices shall be those prices published on the Website at the time you submit your order. The prices published on the Website are inclusive of VAT where applicable but may be exclusive of shipping costs, which are for your account. These costs will be calculated separately as applicable and specified on the order form and added to the total price of the order. The total price stated on the order form you submit shall be the total amount payable by you for the Products and/or Services including shipping.
4.2. If, by mistake, we have underpriced a Product or Service, we will not be liable to supply you at the stated price, if we notify you. In those circumstances, we reserve the right to cancel your order. In the event we cancel your order, we will give you a full refund on any amount already paid.
4.3. Delivery costs, where applicable, are payable by you as indicated on your order confirmation.
- PAYING FOR YOUR PRODUCTS
5.1. You may pay for your Products and/or Services by the methods of payment displayed at the Website checkout.
5.2. You must pay in Euro’s.
5.3. If you are paying by credit or debit card, you must supply your credit or debit card details when you place your Order. UBEEQUEE will not supply the Products to you nor perform the Services until your credit or debit card issuer has authorised the use of your card for payment of the Products and/or Services ordered. If UBEEQUEE does not receive such authorisation, we shall inform you. UBEEQUEE reserves the right to verify the identity of the credit or debit card holder by requesting appropriate documentation.
5.4 Some of the Products or Services may include an initial period, with a single payment, followed by recurring periodic charges as agreed by you. By choosing a payment plan which includes recurring payment features, you agree to all recurring charges prior to cancellation. UBEEQUEE MAY SUBMIT PERIODIC CHARGES WITHOUT ANY ADDITIONAL AGREEMENT BY YOU, UNTIL YOU GIVE WRITTEN NOTICE THAT YOU HAVE TERMINATED THIS AUTHORISATION OR WISH TO CHANGE YOUR PAYMENT METHOD AND WE PROVIDE WRITTEN CONFIRMATION THAT WE HAVE RECEIVED THIS NOTICE. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD. YOU CAN SEND YOUR NOTICE TO HELP@UBEEQUEE.ZENDESK.COM.
5.5 Unless you opt out of auto-renewal by providing written notice to HELP@UBEEQUEE.ZENDESK.COM, any subscription services you have authorised will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the amount that you had agreed to. Your subscription will not be extended after the term in which you are currently ends.
5.6 If you do not terminate or continue to use the Services UBEEQUEE is authorised to charge your chosen payment method for the service you have selected. These charges may be payable in advance, in arrears or per usage or in any other way described when you chose the Service.
- DELIVERY OF YOUR PRODUCTS
6.1. UBEEQUEE will deliver the Products to the delivery address you have specified in the order form and in accordance with the delivery option you have chosen. In the event you order various Products to be delivered to different addresses, you will need to submit a separate order form for each delivery address. Any delivery or shipment dates given by UBEEQUEE are estimates only and UBEEQUEE shall not be liable for any loss, damage, costs or expenses for failure to deliver in accordance with the delivery or shipment dates given. In the event that any of the Products ordered are out of stock, this may mean the whole order is delayed. If so, an estimate of the delay will be given by e-mail or post but delivery shall in any case be made within thirty (30) days as of the date indicated on the order confirmation by UBEEQUEE.
6.2. Title to and risk of loss in your Products will pass to you on delivery of the Products
6.3. Upon delivery of the Products to the carrier UBEEQUEE will send you a confirmation of shipment by e-mail.
- EXCHANGES, RETURNS AND REFUNDS
7.1. You may return the Product to UBEEQUEE or cancel the entitlement to Services and obtain a refund of the price of the returned Product provided that you contact us within (I) twenty (20) working days from the day after the Products are delivered as long as the Product is complete (i.e. with all appropriate accessories) and undamaged and (II) five (5) working days after you first had access to the Service.
Although you will have to pay the cost of returns, the refund will include the full value of both the Product and the outbound shipping costs.
If a Product is sold as part of a product combination (bundle) in which other Products are offered for free or at a discount compared to their normal price, the bundled Product must ‘be returned with the Product purchased. UBEEQUEE reserves the right to invoice in respect of any free or discounted bundles product not so returned.
7.1.1. If a Product was supplied in error, is incomplete or faulty and you believe that you are entitled to a replacement or repair in accordance with paragraph 8 below, please contact us at email@example.com.
7.1.2. If you have received the ordered Product(s) and have simply changed your mind about purchasing it, you may return the Product(s) or entitlement to Service to us for a refund and provided:
- You inform UBEEQUEE within twenty (20) working days from the day after the goods are delivered; and
- You have proof of purchase (i.e. order number / identification)
- You will be refunded in full less the first month subscription value
- The product is in resellable condition (with protective screen (plastic cover) still attached)) / no scratches / packaging.
- Device must be released from the app.
Please note that while the Product(s) remain in your possession, you are under a duty to ensure that the Product(s) are kept safe and secure.
7.2. Steps to Follow to Claim a Refund:
(i) Cancellation can be exercised by emailing us at firstname.lastname@example.org.
(ii) before returning any Product(s), please check that you have:
- Used appropriate packaging;
- Enclosed the same contents as you received;
- Clearly displayed the returns address;
- Sealed the packaging securely.
(iii) Following these steps will help ensure the Product(s) get to us in good condition in a timely fashion.
Please allow up to 14 days for your return to be processed and refunded.
8.1. UBEEQUEE – branded Product Warranty. UBEEQUEE warrants the Products and/or Services only as stated on the Website. Specific warranties may apply to certain Products (such as customised Products) and/or Services as specified on the Website. Should the Product and/or Service supplied not comply with the applicable warranty we shall, at our option and expense, unless provided otherwise in the applicable warranty, repair or replace the Product/Service or refund the purchase price. Except as expressly set out in these terms and conditions, to the fullest extent permitted by law UBEEQUEE hereby disclaims any and all warranties, whether express or implied. The limited warranty set out above will not affect or prejudice your statutory rights. [Please note, warranties will only be honoured where users have used the bundled UBEEQUEE subscriptions.] UBEEQUEE will not be responsible for the performance of 3rd party SIM cards.
8.2. Non UBEEQUEE -branded/Third-party Products. For non UBEEQUEE branded Products, all warranty claims, where relevant, are to be made in accordance with the terms and conditions of any standard manufacturer’s warranty which may be included with the Products purchased. In relation to any existing manufacturer’s warranty, any warranty claims should first be made either directly to the manufacturer or to UBEEQUEE by email.
- UBEEQUEE LIABILITY
9.1. These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products (and performance of telephone support and warranty services) and the performance of any Services.
9.2. Save as set out at paragraph 9.3 below, there are no warranties, conditions or other terms that are binding on UBEEQUEE regarding the supply of Products except as expressly stated in the contract.
9.3. Any warranty, condition or other term arising out of or in connection with the supply of Products and/or the provision of Services which might otherwise be implied into or incorporated in the contract by statute, common law, laws applicable in the country where you purchased the Products or Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. In particular, UBEEQUEE will not be responsible for ensuring that the Products are suitable for your purposes
9.4. Nothing in the contract shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.
9.5. SUBJECT TO CLAUSE 9.4 UBEEQUEE WILL NOT BE LIABLE UNDER THE CONTRACT FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE. UBEEQUEE MAXIMUM AGGREGATE LIABILITY UNDER THE CONTRACT WHETHER IN TOR (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNT PAYABLE BY YOU TO UBEEQUEE IN RESPECT OF THE PRODUCT(S) AND/OR SERVICES IN QUESTION.
9.6. This does not affect your statutory rights as a consumer, nor your right to return the Products as per clause 7.]
- DATA PROTECTION
10.1. Your transaction records are accessible to you if you are a registered customer by entering your Web Order Number(s) so that you may check the status of your order(s) and check the order content.
- CIRCUMSTANCES BEYOND REASONABLE CONTROL
UBEEQUEE is not responsible for delays or failure to perform, if such delay or failure is caused by any circumstances beyond our reasonable control.
- ONLINE TRACKING
12.1 Tracking requires possession of a Product as well as purchase of a Service. To use our Service, you must have a smartphone and an up to date UBEEQUEE app. UBEEQUEE takes no responsibility for Products in conjunction with 3rd party SIM providers or non-authorised apps.
12.2 Online tracking is subject to cellular mobile availability and the presence of GPS, LBS or WiFi signal. These may vary according to location and continuous, ubiquitous coverage cannot be guaranteed. Furthermore, the app itself may also be unavailable as a result of updates / maintenance etc.
12.3 Manipulation and / or interference with either hardware (Product and/or SIM) or software is not allowed. UBEEQUEE reserves the right to withdraw Service in any such case without compensation.
12.4 Data consumption is subject to reasonable usage (as set by subscription rates). UBEEQUEE reserves the right to withdraw Services and/or make changes to data update rates. In the absence of any usage (> 6 months) products are liable to disconnection and UBEEQUEE reserves the right to disable the sim card.
12.5 UBEEQUEE is permission based. Our Products should only be used to track objects or animals that belong to you, or people for whom you have permission to track. UBEEQUEE does not tolerate use of its Products/Services to invade privacy and will, if necessary, support any law enforcement in such cases.
- GOVERNING LAW AND JURISDICTION
UBEEQUEE will try to solve any disagreements quickly and efficiently. If you are not happy with the way it deals with any disagreement and you want to take court proceedings, you must do so within the courts of England & Wales. The applicability of the United Nations Convention on Contracts for International Sale of Goods is hereby explicitly excluded.
14.1. Neither UBEEQUEE’s failure nor your failure to enforce any term of the contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
14.2. The invalidity or unenforceability of any provision of the contract shall not adversely affect the validity or enforceability of the remaining provisions.
- SPECIAL TERMS FOR LOYALTY POINTS / STORE CREDIT
15.1. Loyalty Points / Store Credit. You may be awarded Loyalty Points as a result of your interactions with the Website, whether uploading reviews, recruiting new customers or simply by making purchases. These points may be converted to store credit, at our discretion.
- UBEEQUEE will award points based on activities made in good faith. UBEEQUEE reserves the right to withhold points and/or store credit in cases where it judges you have participated outside the spirit of this agreement.
- Store credit has no monetary value outside its use within the Website. Store credit may only be redeemed against future purchases from the Website.
- UBEEQUEE may from time to time, at its own discretion, review loyalty point /store credit exchange rates, the time period of validity, maximum points or any other terms of the offer. UBEEQUEE will contact users in the event that any such changes are made.