Terms And Conditions
Your statutory customer rights are not affected
Access to and use of our Web Site ("the Site") and the sale and purchase of products from the Site are governed by the terms and conditions of use and the terms and conditions of business (together "terms and conditions") set out below.
By using the Site you agree to accept these terms and conditions.
If you do not wish to accept these terms and conditions, please do not use this Site nor confirm acceptance of our terms by proceeding to make payment.
This Site is operated and owned by Ultimate Dens Limited
a company incorporated in England & Wales with company number 10887177. Ultimate Dens Ltd registered office is at 97 Mill Dam, South Shields, Tyne & Wear, Ne331eq.
You are deemed to place an order with us by ordering via our online checkout process.
As part of our checkout process you will be given the opportunity to check your order and to correct any errors.
We will send you an order acknowledgement, detailing the products you have ordered.
The fact that you receive an automatic order acknowledgement does not necessarily mean that we will be able to meet your Order.
Our acceptance of an order takes place when we dispatch the order.
We will send you a dispatch confirmation by email. When we dispatch the order the purchase contract will be made even if your payment has been processed prior to dispatch, unless we have notified you that we do not accept your order or you have cancelled your order.
We may refuse to accept an order:
where goods are not available;
where we cannot obtain authorisation for your payment;
if there has been a pricing or product description error;
Security or commercial reasons
if you do not meet any eligibility criteria set out in our terms and conditions.
Prices shown on the website are charged in UK sterling. Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur.
If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.
If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. If you have already received the goods we ask that you send them back to us, upon receipt we will issue a refund.
All item prices are exclusive of delivery and packaging, unless otherwise stated.
Prices include VAT where due.
Prices are correct at the time of order only and relate to Internet purchases only. All orders for products are subject to availability and we reserve the right to refuse to supply any particular person.
Please note all card payments are processed with your agreement any cancelled transactions or charge backs may incur an admin charge of £35.00 plus VAT.
Contract cancellation under the Consumer Contract Regulations applicable to those customers whom fall within the remit and law of the consumer contract regulations June 2014.
The regulations are amended as per the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations
Consumer contract regulations selling regulations cover consumer transactions and not Business to business transactions.
You are entitled to cancel this contract if you so wish provided that you exercise your right and notify us no longer than 14 calendar days in writing.
If you wish to exercise your right to cancel this contract after your order has already been dispatched, we will refund the original purchase price and standard delivery charge, provided that you have notified us in writing no longer than 14 days after the day on which you receive the order, and that you have taken reasonable care of the products and not used them.
Please note performing a charge back is not an acceptable cancellation process, any charge back undertaken outside of the schemes
Please also note the consumer contract regulations state we must refund standard postage costs and cannot refund other enhanced postal services.
The right to cancel does not apply to the following kind of contracts:
• Contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalised.
• Contracts for the supply of goods which are liable to deteriorate or expire rapidly.
• Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
• Contracts for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.
• Contracts for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery.
• Contracts for the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such
In addition to the Consumer Contract Regulations, Consumers can return any item within 14 days of receipt for an exchange.
For returns made outside the Consumer Contract Regulations, we will refund the value of the goods returned to us, at the price you purchased them.
In all cases, the items returned must be in their original condition, complete with any instruction booklets, software and packaging. All goods will be inspected on return. Certain products and services are excluded from this returns policy, including perishable items, personalised products or those made to order. These items cannot be returned for a refund unless faulty.
Ultimate Dens Ltd will refund the cost of your original standard delivery fee where we are at fault, however for unwanted items we shall not refund the original delivery fee unless you contact us within 14 days starting the day after receipt of the item when distance selling regulations apply. Where you are cancelling your order within this cooling-off period we will refund the cost of the item and the standard delivery cost of sending the item to you,however if outside of the consumer contract regulations the following may apply:
where you are returning an item that was part of a larger order, we will return the cost of the returned item.
where you are returning your entire order we will refund the cost of the goods.
where we arrange to collect an item from you we reserve the right to charge the cost of collection which will be advised to you in advance of the collection so you can agree or arrange to send the parcel at your own expense.
We will not refund the cost of gift-wrapping, your costs in returning the item to us and other services provided to you in connection with your purchase (eg. Express Delivery) unless you are returning the item to us because of an error on our part (or because it is defective) or if you have contacted us within 14 calendar days
"We will make the reimbursement not later than –
(a) 30 days after the day we receive back from you any goods supplied, or
(b) if there were no goods supplied, 30 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. "
The goods are your responsibility until they reach our Warehouse. Please ensure you package your items carefully to prevent any damage to the items or boxes. We are not responsible for any items that are returned to us in error or which arrive damaged or broken.
We recommend you use a secure delivery method which requires a signature upon receipt (such as Royal Mail First Class Recorded Delivery) and which insures you for the cost of the items being returned, as in the rare event of the parcel going missing you are responsible for the returned products until they reach us.
The above does not affect your statutory rights.
Any item that was faulty at the point of sale may be returned for free repair, replacement or refund, provided you have the original receipt or alternative proof of purchase and the faulty item is returned complete with all components.
For items to be returned more than six months after the time of purchase the same above applies but in addition, evidence of fault at the time of sale will be required.
Please also note damaged goods such as breakages or items which have been broken through play would not be deemed as having an inherent manufacturing fault and as such damages are not treated as being faulty.
It is also worth noting that whilst we provide educational and sensory toys not all toys are suitable for every type of special need and it is your responsibility when ordering to determine if the item would suit the need to which you are purchasing. For example a 59 pence fidget toy would not withstand rigorous and aggressive pulling and stretching so please consider your needs when purchasing.
For the purpose of contract you are deemed a business customer if you are:
Any corporate body,educational establishment,hospital,health authority,government or local government body,charity,school,NHS Customer,or any other business type or have made a purchase with the intent to sell or fund-raise or any other person for whom a trade account has been granted or goods purchased in a company name and identified themselves as a company on the order form when processing the order.
When placing an order with Ultimate Dens Ltd as a business customer you do so on the basis that you have authority to order and this authority has been provided to you by a manager or finance officer within your organisation, if you place an order and this authority is not given and the goods have been dispatched the cost of the goods will be charged to you as an individual if your company or organisation refuse payment.When placing an order on behalf of an organisation you agree that you have relevant permission and authority to grant us usage of your organisation's logo in our marketing profile and database for both marketing purposes and our internal systems for market research purposes.
Business customer are exempt from the consumer distance selling regulations and cancellations are discretionary and where granted subject to a restocking fee of 50% and deduction of outbound postage of £9.99, any remaining credit will be credited as a credit note to spend with us.
Business customers MUST reject any parcels displaying damage and NOT sign for any parcels if the parcel is damaged when the courier arrives,if an item is damaged upon opening a parcel business customers have 7 days to report this to us.
Upon signing for the parcel you sign on the basis that the parcel is in tact and not obviously damaged and any claims made thereafter for damage to an item which should have been rejected will be voided.
It is very important that when the box arrives you inspect the box and the contents to ensure there is no delivery damage as your claim will be rejected if you sign for the parcel as in good condition.
You must also inspect goods and report any damaged items which may have been damaged within the delivery network and report these to us within 7 days,failure to notify us of damaged goods will void any claim.
Please note claims for damage or missing items only covers delivery to your address and should you resell goods this inspection period only applies for delivery to the delivery address listed on the order.
All monies owing to the supplier maybe subject to immediate payment upon request.
In the event monies are outstanding after your invoice date we may charge a late payment fee broken down as follows (As per UK LAW The late payment of commercial debts act)
The compensation rates are set under UK law as follows:
£40 for a debt less than £1,000;
£70 for a debt between £1,000 and £10,000
£100 for a debt of £10,000 or more
The statutory interest rate payable under the Late Payment of Commercial Debts Regulations 2013 ("Regulations") , will mean that interest is charged at 8% above Bank of England Base rate in addition to the above late payment charges
Should monies remain outstanding after invoice date we reserve the right to withdraw future credit agreements from the business and any sums owed will be repayable on demand.
All local authority and governments are able to apply for purchase invoice payments and charities and other businesses may apply but maybe subject to a credit check.
Please note all school and charity orders sent on a invoiced basis are to be paid by BACS or Cheque by the invoice due date, card payments made after delivery incur a charge of 3.5% plus £0.40 pence per transaction if settling an invoice after delivery.
Please note any amendments to invoices such as billing address after an invoice has been issued will incur a £15 admin fee for the work undertaken.
Cancelled or bounced cheques will incur a Rejected Payment charge of £55.00
Please note business customers who wish to place an order using a purchase order and pay using invoice and be offered credit terms are subject to the our minimum order value as follows:
£10 goods value plus £3.95 standard postage costs,if an order falls below that value we will charge a small order surcharge to make the value of the invoice meet the requirements of our minimum spend.
Loyalty points are not accrued on any order where credit terms are provided,Loyalty points are strictly for orders in which a credit or debit card payment is made at the time of order as per the terms and conditions of the loyalty point scheme.
Should you process an order and attempt to allocate loyalty points to the account these will be removed at time of invoicing with no review provided,Loyalty points are strictly for pre paid orders.
Please note there is no minimum spend when using credit or debit card and paying at time of purchase on our website.
Product warranties on B2B contracts for commercial grade items are repair or replace only.
Products which are not listed as commercial grade and are used in a commercial environment may invalidate the warranty.
Orders placed on a business to business basis which have two or more failed delivery attempts will be charged £9.99 postage if the parcel is returned to us as uncollected or undeliverable this charge is non refundable and will be deducted from your refund once we have the goods back into our warehouse and is in addition to any postage charged at time of sale.
Any items reported as damaged or faulty remain liable for a credit note or replacement subject to our choice of replacement
For Mains operated electrical goods
The product is warranted for a period of twelve (12) months from date of purchase by original user for any manufacturing faults as per the Sales of Goods act.
Please note non commercial grade items used in a commercial environment may invalidate the warranty.
Commercial grade products, the warranty is ninety (90) days from date of purchase by the original purchaser.
Repair parts are warranted for a period of ninety (90) days from date of purchase.
Replacement parts used in warranty repairs are warranted for a period of ninety (90) days or the balance of the warranty period, whichever is longer.
Bulb life time and general bulb maintenance
Self repair or replacement parts used without permission by the manufacturer or Sensory Education Ltd
Damaged parts resulting from an accident
Damage caused by improper operation, maintenance or storage.
Damage caused by commercial use or use other than normal.
Removable batteries and damage caused by leakage of batteries are not covered by this Warranty.
Any items supplied with removable batteries are demo batteries and are not covered by warranty nor are they tested to be working, any items where batteries are present are for testing purposes and may need replacing by the customer upon receipt of goods for the goods to work.
Items covered by warranty are only covered within the Country in which they are sold,if the product is later sent to another non EU country by the customer directly and develops a fault this is outside of the warranty policy as we cannot provide warranty for damage or fault once passed through the shipping process which has not been arranged by us.
Bulbs supplied with items are of a demo quality and are for testing purposes only and are not covered as a warranty failure.
Warranty does not cover the following items with our computer and touchscreen packages:
Wear and tear
Damage to keyboard
Damage to screen
Damage to motherboard caused by damage to power-jack
Consumables eg battery, power packs/cables
Damage caused by liquids
Damage caused by virus
Use of third party replacement parts which are not an official replacement or brand without authorisation.
Conditions Which Will Void The Warranty
This warranty will be void if the product has been subjected to negligence, abuse, misuse, accidental damage, improper operation, improper maintenance,removing casings or parts or improper storage or attempted repair without authorisation from Ultimate Dens Ltd
The warranty is also void if damage is due to unauthorised modifications or alterations.
We will treat all Your Personal Information obtained through the Website, by telephone and from face-to-face contact as confidential (although We may disclose this information in the circumstances set out below as legally required). We will keep it on a secure server and We will comply with current applicable English data protection and consumer legislation.
When You shop on the Website by telephone and in Our stores We will ask You to input and/or provide and We will collect Personal Information from You such as Your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information.
We confirm that any Personal Information that You provide to Us (or that is available on public registers) and any User Information from which We can identify You, is held in accordance with the notification We have provided to the Information Commissioner pursuant to the Data Protection Act 1998. We may process Your Personal Information and User Information only for the following purposes:
Processing Your orders;
Performing the contract;
For statistical purposes to improve the Website and its services to You
To administer the Website;
To notify You of products or special offers that may be of interest to You;
Where required by law or where processing without consent is permitted by GDPR Regulations
You agree that You do not object to Us contacting You for any of the above purposes whether by telephone, e-mail or in writing and You confirm that You do not and will not consider any of the above as being a breach of any of Your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.
When You order You accept that You consent to receive information from Us by post, e-mail or telephone, about your order.
Your Personal Information will be disclosed to our secure bank payment provider who will help process Your order and payment. We will not release Your Personal Information to any outside company for mailing or marketing purposes not connected to Our products and services.