UKTONAM & UKTOME TERMS & CONDITIONS
Updated 27 January 2020
In these Terms, unless otherwise defined, the following terms shall have the meanings ascribed to them below:-
“We” or “Our” or “Us” or “I” or “mine” or “me” means UKtoNam Limited.
“You” or “Subscriber” or “Subscriber” means any persons or entities accessing the Site and/or using the Services available under the Site.
“Site” means the website and the contents accessible at the URL link www.uktonam.com and www.uktome.com.
“Services” means all the services offered by us on the Site.
“Shipping to your UK Address” means the service described in Section 4 of these Terms.
“BuyForMe service” means the service described in Section 3 of these Terms
“Product” or “Shipment” means the goods, merchandise, freight, parcels or goods purchased by Subscriber on the online websites of Shops.
- Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our Services are not available to children (persons under the age of 18). You may not use the Site and/or the Services if you do not meet these eligibility criteria.
- If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
- Registering with UKtoNam is free.
- You agree to receive regular emails by us. You can unsubscribe at any time.
Use of the Site
- You agree to comply with our security verification process.
- You may not transfer, sell or disclose your UKtoNam account or Subscriber ID to another party.
- You agree to comply at all times with these Terms and all applicable domestic and international laws, statutes, ordinances and regulations.
- You represent and warrant that all information provided to us will be accurate and complete.
- You acknowledge that you have been provided with the various usage plans detailing the service features, service fee and all other fees applicable to the usage plan offered by us. You agree to pay all fees associated with the respective plans once you have chosen the plan of choice.
- While we will use reasonable efforts to include accurate and up-to-date information on the Site, we make no warranties or representations as to the accuracy, timeliness or completeness of any information found on the Site.
- We do not warrant that this Site will always be accessible, uninterrupted, timely, error-free or free from computer viruses or other invasive or damaging code or that this website will not be affected by any inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
- Without limiting other remedies, we may limit Subscriber’s access to the Site, issue a warning, temporarily suspend, indefinitely suspend or terminate Subscriber’s registration and refuse to provide the Services to Subscriber if: Subscriber breaches these Terms or the documents it incorporates by reference; We are unable to verify or authenticate any information Subscriber provides to us; or We believe that the Subscriber’s account may have been compromised. We reserve the right to terminate or suspend access to the Site at any time without assigning any reason. We shall not be liable to Subscriber’s or to any other party for any damages, losses, cost or expenses howsoever caused by or arising out of such termination or suspension.
- We provide product ordering BuyForMe services to Subscribers to assist them to purchase merchandise from online shops who may or may not otherwise accept their payments. We are not a retailer or reseller of the goods ordered.
- Only orders placed on the Site will be entertained and we do not accept any orders placed via telephone, e-mail or the electronic chat service on the Site.
- We do not warrant that the items Subscriber has ordered will be available for purchase and delivery. We will automatically cancel any item ordered if it is:
- Out of stock;
- Available only at a higher price;
- Ordered with ambiguous or insufficient information that is, in our sole opinion necessary to place the order;
- Items unsuitable to be transported by our freight agents; or
- Items that are classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), any applicable government department or other relevant organisation e.g. the UK. Export Controls.
- If Subscriber has selected the option to process incomplete orders, we will without notification, process the rest of the order. Otherwise, the entire order will be cancelled
- While we will aim to make prompt execution of orders, the Subscriber agrees that we will not be responsible for any delays. We reserve the right to reject any orders, at our discretion, at any time. We do not accept any requests to amend or cancel orders placed using the BuyForMe Service. All orders once placed are considered final.
- We will take all reasonable care to place Subscriber’s orders correctly. Should there be any discrepancies Subscriber must bring them to our attention within three (3) business days of us sending Subscriber the shop’s confirmation. After that, all errors are deemed to be accepted by Subscriber.
- Some Shops may insist that we do not forward their merchandise outside of the UK. While we will try to maintain a list of such Shops on the Site, this list cannot be exhaustive, and we are not responsible for any change in any Shop’s selling restrictions.
- Orders that are deemed to be unacceptable Shipments will be dealt with in accordance with Section 6.
- We do not process any rebates offered by the Shop in any form to Subscribers. All product warranties issues must be taken up directly with the Shop.
- We reserve the right to reject any orders, at our discretion, at any time. All orders once placed are considered final.
Shipping to your UK Address
- Upon successful registration, Subscriber shall be allocated a UK address which the Subscriber may then provide to on-line Shops as a delivery address (“UK Delivery Address”) when buying Products. Such Products are to be subsequently delivered by us to the address designated by the Subscriber (“Shipment Address”).
- You authorise us to accept delivery of Products at the UK Delivery Address on your behalf and appoint us as your Packaging agent to re-pack and deliver to the shipping company to ship the Products to the Shipment Address in accordance with these Terms.
- We have the right to open and inspect a Shipment without prior notice to Subscriber.
- Notwithstanding any provisions herein, we reserve the right at all times to decline or refuse to accept delivery of any purchase or Shipment or consolidation or return of any Products as we deem appropriate in our absolute discretion and without attributing any reason thereto.
- We may perform any of the following activities on Subscriber’s behalf: Complete any documents, amend product or service codes, required under applicable laws and regulations (if applicable); and/ or Act as Subscriber’s packaging agent for the performance of customs clearance and preparation of shipping documents. Item declaration amount will be based on the Shop invoice of the package. The Shop invoice will be used as supporting documentation.
- All Shipment Addresses once confirmed on the Site are final and may not be varied.
- Subscriber agrees to routing and diversion of the Shipment, including the possibility that the Shipment may be carried via intermediate stopping places. Subscriber also agrees to shipment delivered by UKtoNam’s assigned courier.
- Subscriber acknowledges and agrees that the services do not include customs or taxes (except where clearly stated) and that we are not a customs agent or broker. We are solely responsible for the packaging and exporting its packages and shipments. The Subscriber is solely responsible for the payment of any and all customs, duties, tariffs, taxes, or other charges or fees of any nature relating to the shipment.
- We may verify You and your credit cards used for payment on our Site at our discretion.
- We use various verification methods including but not limited to: Requiring you to confirm a random code sent to your registered mobile phone; and/or Requiring you to confirm a random code charged to your credit card.
- We reserve the right to refuse to place orders or withholding shipment of any transactions involving payments made with unverified credit cards.
- If verification of orders placed and paid for using unverified cards are not subsequently verified after 35 days from the date of the placement of the order, we will return the order to the Shop. And the return charges, which are determined by the Shop, will be charged to your account.
Deliveries and Undeliverables
- Shipments will be delivered to the Shipment Address, but not necessarily to the named recipient personally. Shipments to addresses with a central receiving area will be delivered to that area.
- UKtoNam does not guarantee delivery of packages which do not comply with the import or export regulations of the country to which they are delivered to.
- If the recipient refuses delivery or the Shipment is deemed to be unacceptable, or it has been undervalued, or the recipient cannot be reasonably identified or located, or Subscriber or the recipient does not respond or reply to emails requesting for payment of custom duties, freight charges or handlings prior to the uplift or delivery of the Shipment, we shall use reasonable efforts to return the Shipment to the Shop at Subscriber’s cost, failing which the Shipment may be released, disposed of or sold by us without incurring any liability whatsoever to Subscriber or anyone else, with the proceeds applied against service charges and related administrative costs and the balance of the proceeds of sale, if any, to be returned to Subscriber.
- Notwithstanding anything contained herein, we reserve the right to discard and/ or dispose of the Products delivered to the UK Delivery Address in any manner we deem fit without being liable to the Subscriber, if we are unable to process delivery of the Shipment sixty (60) days of the Product(s) being received at the UK Delivery Address, for any reason.
Loss, Damage and Delay to Shipment
- We will make every reasonable effort to deliver the Shipment according to our regular delivery schedules, which is calculated to be from the next business day immediately after full payment of the shipping charges, but these are not guaranteed and are not binding. We are not liable for any damages or loss caused by delays.
- We are not responsible for any Shipment to your UK Address. Only signed-for, proof of delivery from ground couriers DHL, FedEx, Special Delivery Royal Mail and UPS will be considered by us. For Subscribers who purchased directly from the Shop, you must contact the Shop directly. For Subscribers of the BFM service, we will liaise with the Shop.
- Subscriber agrees that Products will be deemed unacceptable for Shipment if:
- It is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), any applicable government department or other relevant organisation e.g. UK Export Controls;
- No customs declaration is made when required by applicable customs regulations; or
- We decide that we cannot transport an item safely or legally (such items include but are not limited to: animals, currency, bearer form negotiable instruments, precious metals and stones, firearms, parts thereof and ammunition, human remains, pornography and illegal narcotics/drug).
- Products deemed unacceptable for Shipment will be returned to the Shop at Subscriber’s cost and/or we reserve the right to dispose of the Shipment.
Claims and Insurance
- You will choose and pay for your own Shipment insurance for any loss or physical damage to goods during transit up to the actual or declared cash value.
- Compensation includes declared value of goods, domestic shipping charges (for BuyForMe purchases only), and international shipping costs (excluding fuel surcharge and duties paid).
- Shipping insurance is not compulsory for Subscribers of our service but it is highly advised.
- All claims for loss or damage must be made within seven (7) days from the date of delivery of the Services, failing which we shall have no liability whatsoever. Such claims must be made in writing, accompanied by the original copy of the consignment note, any supporting documents, relevant invoices or receipts for that item.
- The Shipping company reserves the right to inspect and/or collect the goods which Subscriber claims compensation for. This applies in particular to goods that are declared damaged, for which Subscriber is claiming 100% reimbursement of the item and/or shipping cost. In such cases, compensation will only be meted out once UKtoNam has verified Subscriber’s claims through the inspection and/or collection of the goods in question.
- No parties are entitled to benefit or gain from claims for lost and damaged items.
- We offer a repack service for packages which we deem suitable for repacking. There is a repacking fee involved for the service rendered. Customers may choose whether or not to use the repack service at the point of shipping checkout.
- The Subscriber accepts that repacking may void the return policy or warranty of a Shop.
- For packages selected to be repacked or for shipments which include packages which are selected for repacking, an additional 1-4 business days will be added to the delivery timing of the entire shipment containing the package.
- By accepting repack, you understand that we may modify or discard the following to reduce shipping weight unless specifically instructed not to do so:
- External Packaging
- Shoe boxes
- Gift boxes
- Clothes hangers
Refund, Return and Exchange
- We are not responsible for any errors by the Shops in fulfilment of orders or otherwise. Subscriber will have to make arrangements with the Shops for any returns, refunds or exchange of items directly in accordance with the Shop’s terms and policies.
- We do not facilitate any exchanges. We will facilitate the return delivery of item(s) ordered from the Shops while the goods are still at the Subscriber’s UK Delivery Address. Applicable return charges apply.
- Return charges will be deducted from the proceeds of any order cancellations for orders placed with the BuyForMe service.
- For orders you made directly with the Shops, you must first pay for the return charges before we can return the goods to the Shop.
- Where applicable, we will credit Subscriber with the refunds only after we have received the refund from the Shop. We do not refund any charges for BuyForMe Services paid or payable by the Subscriber in the event Subscriber elects to return the goods.
Charges and Costs
- Our charges for providing the Services are shown on the Site under the respective usage plan and are subject to change from time to time at our discretion. Unless otherwise stated, all fees are quoted in British Pound Sterling. Charges are calculated according to the higher of actual or volumetric weight and any Shipment may be re-weighed and re-measured by UKtoNam to confirm this calculation. Calculation of chargeable weights for consolidated Shipments will be based on the total of the higher of the physical or volumetric weight of each individual package.
- Depending on the usage plan subscribed, if we do not receive a payment within the stipulated time frame of the goods being received at the Subscriber’s UK delivery Address, an additional charge of £3.00 per day being storage fee will be payable by the Subscriber without us being liable in any way for the condition of the goods. We will store the goods for a maximum of 30 days only after the respective storage time frame is exceeded, after which, we may dispose of the goods in any way we deem fit without being liable to the Subscriber or any person in respect of the Shipment.
- You will compensate us for any penalties or fines incurred if any Shipments or goods are found to be prohibited or controlled substances, hazardous or illegal.
- If Subscriber uses our BuyForMe Service, the cost of the item, delivery charges levied by the Shop and a service fee (as stipulated in the respective usage plan), of the invoice value of the item will be charged to the Subscriber.
Indemnity and Limitation of Liability
- You agree to indemnify and hold harmless the Interested Parties from and against any claims, damages, expenses and/or losses whatsoever arising from or in connection with your access to the Site and/or use of the Services. “Interested Parties” means UKtoNam Limited,
- Notwithstanding any other provision herein, in no event shall we be liable for any indirect, incidental, special, punitive, exemplary or consequential damages of any kind, nor for any lost profits or revenues, in connection with or arising out of these Terms, the operation, use or access to the Site, or the provision of the Services.
- The quality of the items purchased via the Site and the accuracy of the claims are the responsibility of the manufacturer and/ or distributor of the items. We do not warrant, represent or guarantee the quality of the items or that the claims made by the manufacturer and/ or distributor are accurate. To the full extent permissible by applicable law, we disclaim all warranties (whether express or implied) including but not limited to, that the items will meet Subscriber’s function and/ or requirements or be fit for a particular purpose. We shall not be responsible for any loss or injury or damage incurred as a result thereby.
- All notices shall be given by postal mail to UKtoNam: Legal Dept. or to the email address provided by Subscriber during the registration process (in Subscriber’s case). Notice shall be deemed given 24 hours after email is sent unless we are notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such cases, notices shall be deemed given 3 days after the date of mailing.
- Whilst the Site may be accessed by Subscriber in different countries, the laws of the United Kingdom, without regard to the conflicts of laws principles thereof, will apply to these Terms. All disputes arising from the use of the Site or the Services shall be resolved by arbitration in the United Kingdom in accordance with the Arbitration Rules of the United Kingdom for the time being in force, which rules are deemed to be incorporated by reference in this clause.
- The invalidity or unenforceability of any provision shall not affect any other part of these Terms.
- We are not liable for any delays, loss or damage arising out of circumstances beyond our control including but not limited to any act or omission by a person not employed or contracted by us; Acts of God/nature e.g. earthquake, cyclone, storm, flood, fog; “Force Majeure” e.g. war, plane crash or embargo; riot or civil commotion; industrial action; and electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings.
Should there be any discrepancy or inconsistency between the different language versions of these Terms and Conditions, the English version shall prevail.