These Terms and Conditions set out your legal rights and responsibilities; our legal rights and responsibilities; and certain key information required by law when we supply any of the products advertised from time to time on the URSA.Life web app (“Products”).
You agree to purchase Products from us subject to these Terms and Conditions.
Please note, you may only buy Products from the App for non-business reasons and if you are over 18 years old. You will be asked to confirm that you are over 18 when you use the App - by continuing to use the App we will be entitled to assume you are over 18 years old.
‘We’, ‘us’ or ‘our’ means Ascona Retail Limited and
‘You’ or ‘your’ means the person using the App to buy Products from us.
Information about us
We are Ascona Retail Limited a company registered in England and Wales under company number: 07497351.
Our registered office is at: Unit 12 Bridge Innovation Centre, Pembroke Dock, Pembrokeshire, Wales, SA72 6UN
If you’d like to contact us please email firstname.lastname@example.org
Our VAT number is: 104741739
By creating a customer account on the App, you agree that the details provided by you on account opening, or at any other time, are correct.
You must inform us of any changes to the information that you have provided by updating your personal details.
When creating a customer account or updating your personal details you must give us your real name, address, phone number, email address and any other details that we may require to process your order.
It is your responsibility to keep your customer account password secure. We reserve the right to withdraw your password at our discretion.
We reserve the right to:
2.5.1 decline the opening of a customer account;
2.5.2 terminate a customer account at any time and at our sole discretion with or without notice; or
2.5.3 at our absolute discretion terminate your access to the App with or without notice.
Once you have placed an order for Products via the App and selected your collection or delivery slot, we will acknowledge your order by email. This acknowledgement does not, however, mean that your order has been accepted.
We may contact you to say that we do not accept your order. This is typically for the following reasons:
4.2.1 the Products are unavailable;
4.2.2 we cannot pre-authorise your payment;
4.2.3 you are not allowed to buy the Products from us;
4.2.4 we are not allowed to sell the Products to you;
4.2.5 you have ordered too many Products;
4.2.6 there has been a mistake on the description of the goods; or
4.2.7 the collection or delivery slot you have chosen in no longer available.
We will only accept your order when we email you to confirm this (“Confirmation Email”) and confirm your collection or delivery slot (“Order”).
The contract between you and us is not formed until we receive payment for your Order. Payments are made via Ecwid, the payment platform we partner with.
Please note, if you are under the age of 18 you may not buy Products via the App.
All home delivery and click and collect slots are subject to availability. Transactions involving alcohol may only be available for collection during normal licensing hours and this may affect what collection slots are available to you. You will also be asked to confirm that you are over 18 when ordering these products.
As your Order is picked on the day of collection or delivery, some of the Products ordered may no longer be available. Where possible we will make available for collection or delivery alternative Products, which are similar to the Products you originally ordered (“Substitutes”). We will provide Substitutes unless you notify us at the time of ordering that you do not wish to receive them.
Please note, Substitutes may be a different price than the original Product in your Order.
Nothing in this clause 5 affects your statutory rights.
Subject to clause 5.7, your Order will be available for collection at your chosen collection time at the location communicated to you in the Confirmation Email (“Collection Point”).
If you arrive early to collect your Order, you may collect it if it is available. If it is not available, you may be asked to wait or return at the agreed collection time.
Please note, we will fulfil all Orders as quickly as possible if several customers arrive at the same time to collect their Order.
To collect your Order please bring one of the following:
5.8.1 Confirmation Email;
5.8.2 Payment Card; or
5.8.3 Valid photographic ID.
We reserve the right to cancel your Order, return your Order to store and refund your payment if you do not collect your Order within a reasonable time of the agreed collection time.
Whilst we will strive to ensure your Order is available for collection at the confirmed collection time, we cannot accept liability if you cannot collect your Order or we cannot make it available to you due to operational reasons or circumstances beyond our control (for the avoidance of doubt this includes circumstances beyond our control arising from and/or relating to Covid-19).
The risk in the Products ordered passes to you when you collect your Order.
Subject to clause 5.13, we will deliver your Order to the address you have requested and in the delivery slot, as communicated to you in the Confirmation Email (“Delivery Slot”).
Please note, that we reserve the right to deliver outside of the Delivery Slot depending on where our drivers are and resources. If you are not available outside of the Delivery Slot, we will make the delivery in the Delivery Slot where possible.
We will deliver your Order to the main entrance of the address in the Confirmation Email. Our drivers are under no obligation to carry your Order into your premises. Someone over the age of 18 must be available to sign to confirm receipt of the Order.
We reserve the right to cancel your Order, return your Order to store and refund your payment if you are not at home in the Delivery Slot when we attempt delivery.
Whilst we will strive to ensure your Oder is delivered to you, we have no liability for failure to deliver to you based on your not being available during the Delivery Slot, or if we are unable to deliver your Order due to circumstances beyond our control (for the avoidance of doubt this includes circumstances beyond our control arising from and/or relating to Covid-19).
The risk in the Products ordered passes to you on delivery.
Our home delivery service is only available where stated in the App.
Where applicable, prices include VAT.
The total price of your Order as advertised on the App includes our Handling Fee and, if applicable, our Delivery Fee.
For each Order we will charge a Handling Fee of £1, this will be shown on your receipt and is included in the total price of your Order.
If you chose to have your Order delivered, we will also charge a Delivery Fee, which will vary depending on your location and the time of day you request delivery. The Delivery Fee will be shown on your receipt and details will be included on the App when you select the delivery. The Delivery Fee is included in the total price of your Order.
You can pay for your Order in full by credit or debit card. Payment will be taken when you have placed your Order. If we are unable to successfully take payment, we (or our payment platform Ecwid) will contact you.
Nothing in this clause affects your statutory rights.
Subject to clause 7.2, for every £1 spent (including VAT) on the App or in one of our stores you will receive 1 D’Bear point.
You will not be able to earn D’Bear points on transactions relating to fuel, tobacco (or other tobacco related products) or any other Products excluded from the D’Bear loyalty scheme at our discretion.
Each D’Bear point earned is equivalent to 1p available to spend via the App.
D’Bear points can only be redeemed via the App, the amount of D’Bear points available can be used to reduce the total value of your Order.
Please note, D’Bear points are not transferable and each D’Bear point must be redeemed within 12 months of earning it.
We reserve the right to:
7.6.1 prohibit the use of D’Bear points on certain Products or in connection with other promotions or discounts;
7.6.2 prohibit the use of D’Bear points on certain Products or in connection with other promotions or discounts;
7.6.3 withdraw the D’Bear loyalty scheme in its entirety (if we decide to do this, we will provide you with reasonable notice).
You have the right to return your Order (or part of your Order) within 14 days of collection or delivery without giving any reason, although you cannot return those items listed in clause 8.5. Subject to clause 8.4, you will receive a full refund of the original purchase price paid for the returned Order (or the part of your Order you wish to return). To return your Order under this clause please email Returns @URSA.Life.
We warrant to you that any Product purchased from us is of satisfactory quality and fit for all the purposes which products of that kind are commonly supplied. If you believe your Order (or part of your Order) is faulty or defective, please notify us and return your Order (or part of your Order) in accordance with clause 8.4. Where we agree your Order (or part of your Order) is faulty or defective we will offer you a full refund.
You will be responsible for the costs of returning your Order (or part of your Order) to us.
To return your Order you must email details to us at email@example.com and unless otherwise agreed with us, return the Products to the store they were ordered from.
Unless faulty or defective it is not possible to return Products which would be not be suitable to return due to hygiene reasons, or are liable to deteriorate or expire quickly including frozen or perishable food, drinks, flowers and where the seal has been broken, newspapers or magazines.
Any refund due will be credited to the card used for your Order within 5 working days following receipt of the returned Order (or part of the Order). If returned items were part of a promotional offer or vouchers were used, the amount refunded may be reduced to reflect this.
Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
Subject to clause 9.1, and except for the remedies set out at in clause 7, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law. Your statutory rights are not affected.
Subject to clause 9.1, our liability for losses you suffer as a result of us breaching the contract which has formed between us is strictly limited to the purchase price of your Order and we will not be responsible for indirect loss or consequential loss however arising and whether caused by tort (including negligence), breach of contract or otherwise.
We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with:
10.1.1 your Order;
10.1.2 our service to you; or
10.1.3 any other matter,
please contact us as soon as possible at firstname.lastname@example.org.
No one other than a party to this contract has any right to enforce any term of this contract.
Subject to clause 9.1, we will have no liability to you under these terms if we are prevented from, or delayed in, performing our obligations under these terms by anything outside our reasonable control including, but not limited to, strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic (for the avoidance of doubt Covid-19) or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks or the acts, decrees, legislation, regulations or restrictions of any government or for any technical difficulties with the App (including its unavailability from time to time).
All notices given by you to us must given by email to email@example.com. We may give notice to you at the e-mail address you provide us when opening your customer account. Notice will be deemed received and properly served 24 hours after an e-mail is sent.
We are the owner or the licensee of all intellectual property rights in our App (including the intellectual property rights in the URSA logo, Bear logo and D’Bear logo), and in the material published on it.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
We reserve the right to, refuse service to any customer and alter or withdraw the App or the services it provides at any time.
The contract between us will be governed by the laws of England and Wales. Any dispute arising from, or related to, the contract shall be subject to the exclusive jurisdiction of the courts of England and Wales.