These terms and conditions cover your relationship with Ulticon International Inc. and our Franchised representatives (Ulticon, we, our, us) and all orders that you make with us. Please read these terms and conditions carefully as they affect your rights and liabilities under the law.
We reserve the right to review and amend these conditions from time to time.
If you are a consumer (e.g. an individual not acting as a business) there are certain terms implied under your statutory rights which we cannot exclude or limit. It is important for you to know that nothing in our terms and conditions affects your statutory rights. If you would like more information on your rights as a consumer contact your local Citizens Advice Bureau or Trading Standards Office.
Website Disclaimer
The information contained in this website is for general information purposes only. The information is provided by Ferme and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites, which are not under the control of Ferme. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Ferme takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
Internet Copyright Notice
This website and its content is copyright of “Ulticon” – © “Ulticon” 2023. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
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You may print or download to a local hard disk extracts for your personal and non-commercial use only
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You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.Payment
You authorize Ulticon to send instructions to the financial institution that issued your card to take payments from your card account in accordance with the terms of our agreement with you.
Payment is due for items present in your basket at the order cut-off date and time. Ferme define order cut-off as 11.45pm two calendar days before the delivery date.
Payment will be taken as follows:
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When creating your account and adding your payment card, payment is taken immediately for any items in your basket.
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For your first order, payment will be taken the day before your order is delivered for any additional items which have been added to your basket in the time between you creating your account and order cut-off.
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For subsequent orders, payment will be taken the day before your order is delivered for all items in your basket at order cut-off.
Every time you modify your order in the website, app or via customer services you will be able to see in the website or app the amount that will be taken as payment for your next delivery. Ferme will also send an email advising you of the order items and the amount that will be taken as payment unless you choose to opt out of receiving these emails.
Ulticon will notify you via email on the day of your order cut-off about the contents of your order and the payment amount that will be taken if your order does not change. You can change or cancel your order at any point prior to order cut-off.
Ulticon will send you an email every time a payment is attempted. The email will state whether the payment succeeded or failed.
Ordering and purchasing
You must be over the age of eighteen to purchase alcohol from Ulticon. If you have ordered alcohol from us and cannot be at home to take receipt of your delivery, it is your responsibility to ensure that a suitable person aged eighteen or older is there to receive the order. Anyone who appears to be under the age of 21 may be asked for proof of age and where such proof cannot be provided at the point of delivery Ulticon reserves the right to refuse delivery of alcohol. Such refusals will be credited in full, however, we will bear no liability for such refusal.
Orders placed with Ulticon may be subject to acceptance based upon a minimum spend, which are published on our website (here). Ulticon reserves the right to alter the existing, or introduce new minimum spend conditions which will be published our website.
Any orders you make on the website will be automatically submitted to us at the order cut off times published in the ‘frequently asked questions’ on our website (making your account work for you, placing orders). You have the ability to alter, amend and cancel your order up until this cut off time and by allowing an order to be submitted to us you confirm that you have made any such corrections and cancellations and enter into a contract to buy the products from us. You cannot then cancel or withdraw your order, or any part of it except as per 4.10 & 6.3 below.
While we will endeavour to deliver all accepted orders, our products are subject to availability and we do not always know if a product is, or will be, available for delivery at the time of accepting an order. If we are unable to deliver an item you have ordered we may offer a reasonable substitute. You may reject this substitute and you will not be charged for it, or where payment has already been taken you will be refunded any amount paid for that item. Where we do not offer a substitute product the item will be removed from your order and again you will not be charged for it, or where payment has already been taken you will be refunded any amount paid for that item. We will bear no liability for the unavailability of our products.
All of the products that we offer are subject to variations in seasonal availability and supply price. Hence, if you set up a regular (repeat) order for a product or products the price of those items will change over time from when you first ordered them. You accept that the price to be paid for all items in your order will be that stated on the website at the time of the order submission as per 4.3.
Where an item has been displayed on our website with an incorrect, erroneous price we reserve the right to remove that item from your order, amend the price to one that is correct or to not deliver the item and refund the price paid.
All prices displayed on the website are inclusive of any applicable taxes and duty (including VAT).
Ordering and purchasing
We will deliver to the address stated in your Ulticon account (herein also referred to as “home”).
We reserve the right not to deliver to all locations, or not to deliver all products to all locations. You will be notified during the account creation process if we are unable to deliver to your address. Where we are unable to deliver certain products to your address we will make them unavailable for you to order (both on the website or via the telephone).
It is your responsibility to make suitable arrangements to receive your delivery. The delivery details section of your account is important as it allows you to leave instructions of a suitable location where your delivery can be left if you are not at home to take receipt of the goods, which forms part of our contract under these terms and conditions. It is important that you provide a suitable means (at your own cost) to keep any goods we deliver that need to be refrigerated at a temperature below 8oC until such a time as you are able to refrigerate them.
Once your delivery instructions have been followed and completed by us, you will accept that you are in possession of the delivered goods. Where the delivery instructions have been followed; we will not accept any liability for damage to, or theft of your goods, nor will we accept any liability for any incidents which may arise as a result of the theft or damage to such goods (including alcohol).
In order to maximise efficiency and reduce food miles your order will be delivered on a set day of the week. We will aim to keep this day fixed, however, we reserve the right to change it (either temporarily or permanently) and we will notify you of any such changes.
The time that your order is delivered on that day will vary week on week depending on traffic, weather and the number of deliveries to be made that day. If ordering regularly, you may notice that your delivery occurs at a similar time each week, however, we make no guarantee of this time and accept no liability for inconvenience or loss as a result of a deviation from it.
We cannot accept liability for any inconvenience or loss where we are unable to deliver to you, or deliver to you late, for reasons beyond our control (e.g. adverse weather, vehicle breakdown, traffic congestion, strike actions, supplier failures). We will of course refund you for any part of your order which is not delivered, or which has been compromised as a result of the delay.
To minimise our carbon footprint Riverford reserves the right not to provide a printed receipt with your delivery. Your delivered goods and their value can be viewed online via your Ulticon account.
You must inspect your goods as swiftly as possible after delivery and notify us promptly of any errors. We will refund you for any products you receive that were not ordered, are faulty, have been substituted with a product that is unacceptable to you or that were delivered without us following these terms and conditions. However, such liability will be limited to the value of the erroneous and / or undelivered goods.
Warranties & applicable law
We guarantee that our products will be of a satisfactory condition and quality (with the exception of defects caused by your mis-use, neglect or by accidents while the goods were in your possession). Please notify us if you are dissatisfied with any of our products. If, upon examination, they are defective or faulty we will gladly refund you the price paid for them.
We accept no liability in relation to representation, including unforeseeable losses, and losses to a business (loss of reputation, profits, trade or trade opportunities).
Our entire liability under these terms and conditions will not exceed the purchase price of the goods in question. This excludes the provisions we’ve made under 5.10 in relation to holding your keys. Also, nothing in these terms and conditions can limit our liability to you, death or personal injury resulting from our negligence or that of our employees, agents or subcontractors.
We shall not be liable for any delay or failure in the performance of our obligations due to events beyond our reasonable control such as but not limited to fire, adverse weather, acts of God, strikes, labour disputes, civil unrest, accident, disruption to energy supplies, equipment or supplier failure, road traffic problems, terrorism or war.
You are not entitled to assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
These terms and conditions are governed by and construed in accordance with US law and the US courts will have no-exclusive jurisdiction over any disputes which arise in relation to these terms and conditions.
If any of the provisions in these terms and conditions are found to be invalid by a court having jurisdiction, then the invalidity of that provision will not affect the validity of any other provisions within these terms and conditions.
BRAND NAME GAMES
Ulticon International Inc.
Location: 16 Elgin St. Suite 327, Thornhill ON L3T 4T4
Phone: 416-318-2717
Email: angelo@brandnamegames.com
