Terms of service

OVERVIEW

Welcome to Notch Up! The terms “we”, “us” and “our” refer to Notch Up. Notch Up operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Notch Up is powered by Shopify, which enables us to provide the Services to you. The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully. By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least 18 years of age, or that you are the age of majority in your jurisdiction of residence and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage. To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information. You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration. All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis. Important: Nothing in this section affects your legal rights as a consumer (e.g., that goods must be of satisfactory quality, fit for purpose, and as described).

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Notch Up reserves the right to accept or decline your order for any reason at its discretion. The contract between us is formed only when we send you a dispatch confirmation or when the goods are dispatched. Please review your order carefully before submitting. If you wish to cancel an order after it has been placed, please contact us immediately. While we cannot guarantee cancellation before dispatch, you retain your statutory right to cancel under the Consumer Contracts Regulations (see our Refund Policy for details). In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices include VAT (where applicable) but do not include shipping, handling, customs or import charges. You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You represent and warrant that

(i) the payment information you provide is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your payment provider, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by customs processing or events outside our reasonable control. Risk and Title: The products will be at your risk from the time of delivery (i.e., when they are delivered to the address you gave us). Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Notch Up, its affiliates or licensors and are protected by UK and international copyright and intellectual property laws. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Notch Up is powered by Shopify. Any sales and purchases you make in our Store are made directly with Notch Up. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Notch Up.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

SECTION 11 - FEEDBACK

If you submit Feedback, you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose. We are under no obligation to maintain Feedback in confidence or pay compensation for it.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order). If we cancel an order after you have been charged, we will issue a full refund.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services to violate any international or UK regulations, rules, or laws, or to infringe upon our intellectual property rights or the rights of others. We reserve the right to suspend or terminate your use of the Services for violating any prohibited uses.

SECTION 14 - TERMINATION

We may terminate this agreement or your access to the Services in our sole discretion at any time, but we will generally provide notice unless you have materially breached these Terms. You will remain liable for all amounts due up to and including the date of termination.

SECTION 15 - DISCLAIMER OF WARRANTIES For Consumers:

Nothing in these Terms affects your statutory rights. We are under a legal duty to supply products that are in conformity with this contract. 

General Disclaimer: Except as expressly provided in these Terms and to the extent permitted by law, the Services are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied.

SECTION 16 - LIMITATION OF LIABILITY

Nothing in these Terms shall limit or exclude our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by English law. Subject to the above, Notch Up shall not be liable for any indirect or consequential loss, loss of profit, loss of business, business interruption, or loss of business opportunity. Our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the products you purchased.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Notch Up from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.

SECTION 18 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and us.

SECTION 20 - ASSIGNMENT

You may not transfer or assign this Agreement without our prior written consent. We may transfer our rights and obligations under these terms to another organization. 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.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales. If you are a consumer, you may bring legal proceedings in the English courts. If you live in Scotland, you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English courts.

SECTION 22 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at contact@notchup.co.uk. 

Our contact information is posted below:

Notch Up Limited

Contact@notchup.co.uk