TERMS AND CONDITIONS
INFORMATION ABOUT US
We operate the website www.quba.com. We are Quba Sails Limited, a company registered in England and Wales with the company number 3723754 and having our registered office at Unit 470 Broadstone Mill, Broadstone Road, Stockport, Cheshire, SK5 7DL, United Kingdom trading as Quba & Co. Our registered VAT number is 164 0916 14
By placing an order through our website, you warrant that:
• You are legally capable of entering into a binding contract;
• You are at least 18 years old;
• You are purchasing the products outside the course of your normal business or trade or not for resale
ORDER ACCEPTANCE AND CONTRACT OF SALE
We must receive payment of the whole price for the goods that you order before your order can be accepted. Please follow directions given on the website to place an order. Payment shall be made by you by the means specified on the website and shall not be deemed to be made until we have received cleared funds in respect of the full amount stated in the order. Once payment has been received by us we will confirm that your order has been received by sending an email to you at the email address you provide in your order form.
If an item is not in stock we will let you know as soon after the order has been placed as possible.
You have the right to cancel the order up to the point at which the goods are dispatched by us. If you wish to cancel then you must notify us in writing. Should you cancel your order before dispatch we will refund in full the amount forwarded by you within 21 days of the order being cancelled. Credit card charges will be refunded on the same credit card only. Our acceptance of an order does not take place until dispatch of the order, at which point a purchase contract will be made.
We have made all reasonable efforts to accurately display the sizes, colours, shapes and patterns of the goods for sale on our website. You acknowledge and accept however that sizes, colours, shapes and patterns shown on the website are approximate only. Every care has been taken to ensure that the descriptions and specifications of our products on this web site are correct. Colours in particular may differ due to your own computer visual settings and hardware.
If the goods you have ordered are not available in the colour, design or size you have requested we will notify you of the colours, designs or sizes currently available. Your order will not be accepted and you may then resubmit your order form for the goods in an available colour, design or size.
The price payable for goods that you order are as set out in our website. The prices payable for goods exclude delivery charges. Delivery charges are shown separately when ordering your goods.
Prices are subject to change without notice but changes will not affect orders which we have already accepted.
We try to ensure all our pricing is correct, however, from time to time an error may occur. We are under no obligation to provide any product to you at an incorrect (lower) price if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
All prices for goods and services delivered within the European Union include VAT where applicable. The VAT charged will be either VAT in the country of delivery (rates will vary by country but our prices remain unchanged) or UK VAT. VAT is not charged for goods and services delivered outside the European Union, but we maintain one price for each product on our website.
The price is exclusive of any import or export duty.
From time to time, Quba may choose to run promotions on specific goods or across product ranges, these may be in the form of discounts, sales, free gifts or similar. Quba reserves the right to withdraw promotions at any time. If you have placed an order outside of the promotional period, it is unlikely that the offer can be honoured - the decision to do so is entirely at Quba's own discretion. Quba cannot honour discount codes or advertised promotions found on third party websites.
When returning items for a refund that were bought online as part of a ‘Buy One Get One Free’ offer, ‘Buy One Get One Half Price’ offer, 3 for 2 offer, or a ‘Buy, Get a Free’ offer all of the items involved in the offer must be returned.
If the offer conditions are not met following a return, the customer will be only be refunded an amount which is less the value of the gift.
Quba & Co may at times run promotions online that are different to those in-store and vice versa.
All promotions are subject to exclusions and conditions.
IN-STORE GIFT VOUCHERS
This IN-STORE GIFT VOUCHER is ONLY valid for use at a Quba & Co store and CANNOT be accepted at quba.com.
Multiple IN-STORE GIFT VOUCHERS can be used within the same transaction; however, a £10 Gift Voucher cannot be partially redeemed, and you will lose the remaining balance of that £10 Gift Voucher.
The IN-STORE GIFT VOUCHER can be exchanged for goods of a higher price than the face value of the voucher on payment of the difference.
If an item/items that have been purchased with an IN-STORE GIFT VOUCHER and is/are valid for a refund, the Gift Voucher payment value will be reissued via post from Head Office to a requested delivery address as a new Gift Voucher, at the same value.
Items purchased with an IN-STORE GIFT VOUCHER can only be exchanged for product/products that amount to the original transaction value.
IN-STORE GIFT VOUCHERS cannot be returned or refunded and cannot be exchanged for cash, regardless of expiry date.
IN-STORE GIFT VOUCHERS are valid for 12 months from date of purchase.
If any item purchased with an IN-STORE GIFT VOUCHER is subsequently exchanged for an item of a lower price or refunded, you will lose the remaining balance of the Gift Voucher.
Quba & Co will not accept liability for lost, stolen or damaged IN-STORE GIFT VOUCHERS and reserves the right to refuse to accept a GIFT VOUCHER which it deems to have been tampered with, duplicated, damaged or which otherwise is suspected to be affected.
The terms and conditions of the IN-STORE GIFT VOUCHER may be changed at any time without notice and Quba & Co may take appropriate action, including the cancellation of the voucher, if, at its discretion, it deems such action necessary. This does not affect your legal rights.
PAYMENT FOR GOODS
Payment for all products must be made by credit or debit card or by PayPal. We accept payment with Visa and MasterCard, as well as Maestro, Visa Electron and Visa Debit cards. We do not accept payment by cheque.
RIGHTS OF CANCELLATION
You have the right to cancel your order at any time up to the end of the fourteenth day, starting from the date immediately after you receive the ordered goods provided those goods are unopened and sealed in their original packaging, unused and in no worse condition than when they were received by you (this excludes swimwear without the hygiene strip in place). You must inform us of any cancellation in writing.
Returning any item within 30 days will also be taken as notice of cancellation of your order (or part of your order). Goods are provided to you on approval and legal title to the goods will not pass to you until the 14 days post-delivery period has expired. On receipt of the goods, Where goods are delivered to a third party you will only be able to exercise this right if you are able to return to us the goods you ordered. This does not affect your statutory rights.
For more information on returns, please see our returns policy.
You must send the goods back to our contact address at your own cost and risk.
Once you have notified us that you are cancelling your order, any sum debited to us from your credit card or PayPal account will be re-credited to your original method of payment as soon as possible and, in the event that the goods have been dispatched, within 21 days of your cancellation notice PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you and in their original packaging. If applicable and unless the goods are faulty, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
DAMAGED OR DEFECTIVE GOODS
In the event you receive goods which are damaged or defective, please refer to our policy relating to faulty products.
CANCELLATION BY US
We reserve the right to cancel the contract if we have insufficient stock to deliver the goods you have ordered, or we do not deliver to your area or country, or if one or more of the goods you ordered was listed with incorrect information including without limit price, and/or description for whatever reason, or if we have reason to believe that you will fail to pay for the goods or that you will not comply with these terms.
While we endeavour to ensure that this website is available 24 hours a day, we shall not be liable if for any reason this website is unavailable at any time or for any period.
We give no warranties as to the availability, performance or accessibility of the website. Access to this website may be suspended temporarily and without notice at our discretion including without limit in the case of system failure, maintenance or repair or for reasons beyond our control.
EVENTS BEYOND OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event/Pandemic).
Our performance under any contract deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
LIABILITY AND LIMITATION
Should the goods we deliver not be what you ordered or are damaged or defective when you receive them or the delivery is of an incorrect quantity, we shall have no liability to you unless you notiy us in writing at our contact address of the problem within fourteen days starting from the date immediately after the delivery of the goods in question. Our only obligation will be, at our option to make good any shortage or non-delivery or incorrect delivery, or replace or repair any goods that are damaged or defective, or refund to you the amount paid by you for the goods in question provided that the above obligations shall not apply when such damage or defect has arisen as a consequence of any negligence by you or your failure to comply with any reasonable instructions issued by us.
Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising. Without prejudice to the foregoing, our total aggregate liability to you under and/or arising in relation to the contract shall not exceed the amount paid by you for the goods.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our website. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
Notwithstanding the above, nothing in these terms is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
You acknowledge and accept that save as expressly stated on the website we give no representation, warranty or statement as to the goods including without limit their quality and/or suitability.
All rights and title in this website and its contents is either the property of Quba & Co. or we are duly licensed to use it. All rights are reserved. You are permitted to download a single hard copy of website content and print extracts from the website for your own personal and non-commercial use. Unless otherwise stated, the Intellectual Property Rights in all material on this website (including without limitation photographs and graphical images) are owned by us. Except as expressly provided nothing contained herein shall be construed as creating any license or right under Intellectual Property Rights.
Quba & Co. is the owner of various registered and unregistered trademarks. Under no circumstances should you use, encourage third parties or authorise any third party to use any trademark (whether registered or unregistered) owned by us without our consent.
This website may include links to other websites. These websites and the content, products and services available through them are not under our control and should not be considered to be endorsed or approved by us. We do not accept any liability in connection with any third party websites that may be accessed through this website.
You must not create or encourage any third party to create hyperlinks to the website without our prior written consent (which we may withhold at our absolute discretion and without providing any reason).
LINKS TO THIRD PARTIES
A person who is not a party to this contract has not got any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
If you have any concerns or complaints about the goods, this website or the service you have received please write to:
Quba & Co
Unit 470, Broadstone Mill
Or email [email protected]
SOCIAL MEDIA & COMPETITIONS
1. The promoter of all competitions are: Quba Sails Ltd (company no 3723754) whose registered office is at Unit 470 Broadstone Mill, Broadstone Road, Stockport, Cheshire, SK5 7DL, United Kingdom trading as Quba & Co. Our registered VAT number is 69 9186 365
2. All competitions are open only to residents of the United Kingdom aged 18 years or over except employees of Quba & Co and their close relatives and anyone otherwise connected with the organisation or judging of the competition.
3. There is no entry fee for competitions and no purchase necessary to enter.
4. By entering a competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
5. Route to entry for the competition and details of how to enter are via https://www.facebook.com/qubaandco/
6. For all competitions, only one entry per day per person will be accepted. Multiple entries from the same person will be disqualified.
7. Closing date for entry into competitions will be midnight for each day of the competition. After this date no further entries to the competition will be permitted.
8. No responsibility can be accepted for competitions entries not received for whatever reason.
9. The rules of our Facebook competitions and how to enter are as follows:
To enter the competition Like the Facebook page Quba & Co (@qubaandco), like the post related to the competition, comment and the post with the required information set out in the competition post.
10. The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
11. The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
12. The prize is as follows:
The prizes are as stated and no cash or other alternatives will be offered.The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
13. A competition winner will be chosen at random by software, from all entries received and verified by the promoter and or its agents.
14. A competition winner will be notified by email and/or DM on Twitter/Facebook and/or letter within 28 days of the closing date. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
15. The competition promoter will notify a competition winner when and where the prize has been dispatched.
16. The competition promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
17. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
18. The competition and these terms and conditions will be governed by [English] law and any disputes will be subject to the exclusive jurisdiction of the courts of [England].
19. The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current [UK] data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
20. The winner’s name will be available 28 days after closing date by emailing the following address: [email protected]
21. Entry into the competition will be deemed as acceptance of these terms and conditions.
23. Quba & Co‘s decision as to those able to take part and selection of winners is final. No correspondence relating to the competition will be entered into.
24. Quba & Co shall have the right, at its sole discretion and at any time, to change or modify these terms and conditions, such change shall be effective immediately upon posting to this webpage.
25. Quba & Co also reserves the right to cancel the competition if circumstances arise outside of its control.
26. The 10% discount code for new subscribers to our email newsletter is only redeemable against full price items (excludes X10 jackets) and cannot be used in conjunction with any other offers.