Cautioned. uk – Terms and Conditions

Last updated June 2023.

  • Introduction

This page tells you about the terms on which you may use the website available at cautioned.uk (“cautioned.uk” or “website”) or use or purchase our goods (“goods”) or services (“services”). By using the website and our services, you accept the terms and agree to comply with them. If you don’t accept them, please don’t use the website or our services.

We may update these terms from time to time, so please check back regularly as any updates will apply to your use of the website and our services. It’s important to us that you understand these terms, so please do ask if there is anything you’re unsure about.

  • Who we are

Cautioned.uk is an online shop, designed to:

  • sell physical products and online services

Our aim is to help professionals communicate more effectively and access products and services which can help them achieve this.

Cautioned.uk is owned and operated by LD Pro Ltd, a company registered in England and Wales under company number 12828475 whose registered office is at 6 Coldhams North, Huntingdon, England, PE29 1UB (“we” or “us”).

  • Making an order

When you make a payment to place an order online, the transaction is charged to your card but if we cannot accept your order for any reason, we will provide a full refund to your card. Your contract to purchase the items is not complete until we send you an email notifying you that the items have been dispatched to you.

Once collected from our warehouse, all orders are the responsibility of the drivers and couriers. We are unfortunately unable to give any special delivery instructions to drivers e.g. leaving products with neighbours or in sheds. Nor are we responsible for any delays the couriers or delivery companies experience.

You should examine your goods as soon as possible during and after delivery to check for any damage or missing items or parts. We are unable to accept liability for any claims for goods which are damaged, incorrect, or missing, which are not notified within two working days after the goods were delivered.

Please do not use the goods until you are satisfied that they are as ordered and damage-free. We strongly advise all customers to ensure that all products are as chosen before using or installing them. Any product once used in or installed in any way will be deemed as accepted by you. Delivery timescales are given as estimates in good faith, but cannot be taken as precise or exact information.

You must notify us immediately if an order is not delivered within 3 days from the expected date of delivery. In the instance where tracking information shows a parcel has been delivered, but you believe that you have not received the delivery, we must be notified within 7 days from the courier’s delivery date.

Returned products that cannot be allocated or authorised for any reason may be disposed of or destroyed after being stored for 28 days.

  • Refunds

If you have notified us of any problem with the goods, we will replace any goods that are damaged or defective, refund you any amounts paid for the goods, or correct any shortage or failure to deliver any goods. We will not be liable to you for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the goods. We shall have no liability to pay any money to you by way of compensation, other than any refund we make under these conditions. Any disclaimers and exclusions of liability in these terms and conditions shall not apply to any damages arising from death or personal injury caused by negligence, or to any losses arising from fraudulent misrepresentation.

  • Use of the website

You have permission for temporary use of the website, but we can withdraw or change our service at any time without telling you and without being legally responsible to you.

You must treat all identification codes, passwords, and other security information as confidential. If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes). You must not allow anyone else to use the website using your login details.

Only use the website as allowed by law and these terms. If you don’t, we may suspend your usage, or stop it completely.

We frequently update the website and make changes to it, but we don’t have to do this. No material on the website is intended to contain advice, and you shouldn’t rely on them. We exclude all legal responsibility and costs for reliance placed on website by anyone.

By using the website, you agree to us handling this information and confirm that data you provide is accurate.

You are prohibited from posting or transmitting to or from the website any material:

(a)          that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;

(b)          for which you have not obtained all necessary licences and/or approvals;

(c)          which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in the UK or any other country in the world; or

(d)          which is harmful in a technical sense (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

You may not misuse the website (including, without limitation, by hacking it). We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of this section.

We do not make any warranty to you that the website will be uninterrupted or error-free and while we will use commercially reasonable endeavours to ensure the website is available 24/7, we cannot guarantee it and we are not liable for any downtime or where the website is unavailable to you.

  • Our legal responsibility to you

We do not guarantee the accuracy of material on the website, nor do we make any guarantees as to the timelines, performance, completeness or suitability of the information and materials found on the website for any particular purpose.

As far as legally possible, we exclude legal responsibility for the following:

  • Any loss to you arising from use of the website; and
  • Loss of income, profit, business, data, contracts, goodwill, or savings.

We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes. We do not exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.

We reserve the right at any time to modify or discontinue any of the products and services without notice at any time.

  • Intellectual property rights

We are the owner or licensee of all intellectual property rights in the website (for example the copyright and any rights in the designs) and in any of the material posted on it. They are protected by copyright.

You acknowledge that you are prohibited from copying, disassembling, reverse decompiling or saving the same, in any manner or any form whatsoever, by any means whether electronic, manual, mechanical, digital, optical, photographic, or otherwise any of our intellectual property to pass of as your own for the purpose of redistribution, dealing or reselling of the products or services.

If you breach these terms, you lose your right to use the website, and must destroy or return any copies of our digital content or products you have made.

  • Uploading to the website

Material that you upload will be regarded as non-confidential and not owned. This means that we can copy it, distribute it, and show it to other people for any purpose. You agree that if anyone else claims to own the material, or says that it breaches their rights, we can give them your identity.

We won’t be legally responsible to anybody for the accuracy of material that you upload to the website and we can remove it at any time.

This section does not apply to any personal data you input into the website, which will be handled in accordance with our privacy policy, available on our website.

  • Computer offences

If you do anything which is a criminal offence under the Computer Misuse Act 1990, your right to use the website will end straightaway. We will report you to the relevant authorities and give them your identity. Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material.

You must not try to get access to the website or server or any connected database or make any ‘attack’ on the website. We won’t be legally responsible to you for any damage from viruses or other harmful material that you pick up via the website.

  • Links to the website

You are allowed to make a legal link to the website’s homepage from your website. We can end this permission at any time. You must not suggest any endorsement by us or association with us unless we agree in writing.

  • How we use your personal data

All personal information that we may use will be collected, processed, and held in accordance with the provisions of the UK Data Protection Act 2018. For complete details of our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to our privacy policy, available on the website.

  • Links From the website

Links from the website to other websites are for information only. We don’t control them and don’t accept responsibility for other websites, or any materials found upon them or any loss you suffer from using them.

  • Variation

We change these terms from time to time and you must check them for changes because they are binding on you.

  • Third party rights

Unless it expressly states otherwise, these terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

  • Applicable Law

These terms and any non-contractual obligations arising hereunder, shall be governed by, and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

  • Contact Us

Please email us at info@cautioned.uk to contact us about any issues.