Welcome to The Underground Garage!

 

 

These terms and conditions outline the rules and regulations for the use of The Underground Garage's Service and  Website. 

Information about us:

 

We are The Underground Garage LTD. a company registered in the United Kingdom, under registration number SC543657 and our registered address is Greenbank Crescent, East Tullos Industrial Estate, Aberdeen, Scotland, AB12 3BG

​​

 

The Underground Garage is located at:

Greenbank Crescent, East Tullos, 
Aberdeen, Aberdeenshire AB12 3BG
United Kingdom

Our Contact  details and customer service  : 

The Underground Garage Ltd.

F.A.O Customer Liaison Manager

Greenbank Crescent, East Tullos Industrial Estate, Aberdeen, Scotland, AB12 3BG

email: OFFICE@theundergroundgarage.co.uk

Phone: 01224 877 727

Mobile: 07508 552 552

Your call may be monitored and recorded for record-keeping, training and quality-assurance purposes.

BACKGROUND: 

These Terms and Conditions are the standard terms which apply:

 

A.to the provision to the Customer of any Services (as “Services” is defined in Clause 1 below) by the Garage, namely The Underground Garage Ltda company registered in Scotland under number SC543657 whose registered office is at Greenbank Crescent, Aberdeen, AB12 3BG (“the Garage”); and

 

B.where the Customer is a “Consumer” as defined by the Consumer Rights Act 2015.

 

1.             Definitions and Interpretation 

1.1          In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

“Business”

means any business, trade, craft, or profession carried on by You or any other person/organisation;

“Consumer”

means a “Consumer” as defined by the Consumer Rights Act 2015, that is to say, an individual who receives any of the Services for his/her personal use and for purposes wholly or mainly outside the purposes of any Business;

“Courtesy Car Agreement”

means a separate agreement between You and Us containing the terms of the agreement on which You have any courtesy car in accordance with Clause 10 of these Terms and Conditions;

“Customer/You/Your”

means a Consumer customer of the Garage who requires its Services;

“Estimate”

means a document giving the approximate Price of the Work;

“Garage/Us/We/Our”

means The Underground Garage Ltd., garage whose place of business and contact address is the same address as above and reference to the Garage shall include the reference to any and all of its staff including technicians;

“Invoice”

means a final invoice giving the total Price of the Work;

“Manufacturer”

means the manufacturer of the Vehicle;

“Price”

means the fee payable for the Work including parts, labour, VAT and any additional charges;

“Quotation”

means a document giving the agreed fixed Price of the Work which We shall not vary without Your explicit agreement;

“Regulations”

means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;

“Services”

means any type of repair or maintenance of Vehicles;

“Vehicle”

means Your vehicle which may be a car, van, motorhome, motorcycle, caravan or trailer;

“Warranty Period”

means the duration of the warranties provided by Us in accordance with Clause 11 of these Terms and Conditions; and

“Work”

means the particular Services that We agree to provide to You;

 

1.2          Unless the context otherwise requires, each reference in these Terms and Conditions to:

1.2.1      “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;

1.2.2      a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;

1.2.3      “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;

1.2.4      a Clause or paragraph is a reference to a Clause of these Terms and Conditions; and

1.2.5      a "Party" or the "Parties" refer to the parties to these Terms and Conditions; 

1.3          The headings used in these Terms and Conditions are for convenience only and will not affect the interpretation of these Terms and Conditions;

1.4          Words signifying the singular shall include the plural and vice versa; and.

1.5          References to any gender shall include the other gender.

2.             Booking

2.1          You may request a booking for any Work (subject to Our confirming the booking) by e-mail, telephone, our website or in person.

2.2          When You request a booking, You must give Us the following information:

2.2.1      Your full name, address and phone number;

2.2.2      Preferred date

2.2.3      Nature of repairs required

2.2.4      Make, model, registration number of the Vehicle

2.2.5      Any warranties covering the Vehicle;

2.3          We shall provide You with a booking form which shall provide prompts for all required information;

3.             Investigation and Diagnostics

3.1          Following the booking and prior to the calculation of an Estimate or Quotation it may be necessary for the Garage to conduct investigative or diagnostic work on the Vehicle in order to determine the nature of the Work required; and

3.2          Investigative and diagnostic work may incur a charge to the Customer. The Garage and the Customer shall agree upon a financial limit for such work prior to commencement. No investigation or diagnostics shall take place until such a limit has been agreed.

4.             Estimates and Quotations

4.1          We will prepare and submit an Estimate to You either by email or first class post giving an Estimate based on the details You provide and additional information We have gathered from any investigation or diagnostics; 

4.2          If You agree with the Estimate, We will then prepare and submit a Quotation to You either by email or first class post;

4.3          If You accept the Quotation, We shall then confirm the booking to You and We shall use Our reasonable endeavours to ensure that the date We agree for the Work to be carried out is as close as possible to that which You originally requested. Only if and when We give You that confirmation will there be a binding contract between You and Us for the Work; 

4.4          You may accept an Estimate or Quotation by email, telephone or first class post; and

4.5          You confirm that, in connection with your request(s) for any Services, You are and will be a “Consumer” as defined in Clause 1 above.

5.             Payment and Invoices

  1. If We require a deposit or similar prepayment, We shall state it clearly in the Quotation and You must pay it within 7 days. We shall hold it in a secure account to enable Us to return it to You where it has to be returned to You; 

  2. From the point at which Work on the Vehicle commences up until the point at which You have paid in full all sums due, We  shall have a general lien on Your Vehicle (i.e. a  right to possession of the property until payment is made for work done to that property) for all sums due; 

  3. Following Our completion of the Work, We shall issue an invoice to You;

  4. The invoice will provide a comprehensive summary of all of the Work done and will provide full details of all parts and labour including the Price payable for it with the VAT element payable on it shown separately;

  5. The invoice will also show the mileage of the Vehicle and will refer to the warranty set out in Clause 11; 

  6. All sums due must be paid upon receipt of the relevant invoice;

  7. You may make payment by card in person or over the phone or via bank transfer. In addition to Our rights under sub-Clause 5.2, We shall have the right to sell the Vehicle at Your expense if any sum due remains unpaid following Our written notice to You of 60 days. That notice period will begin no earlier than 60  days after the date of the relevant invoice; and

  8. From the due date of payment until We take the action set out in sub-Clause 5.8, any outstanding sum will incur interest on a daily basis at 8.5 % above the base rate of Bank of England from time to time until You make payment in full.

6.             Insurance Claims and Accident Damage

  1. If the Work to be carried out on the Vehicle is the subject of an insurance claim, You (or the policyholder if he/she is not the same person) must sign any documents required by the insurer to be signed to authorise payment to Us  for the Work;

  2. We shall not be responsible for any delay in completing the Work and/or returning the Vehicle to You where that delay arises out of any actions of the insurer including, but not limited to, the withholding of payment.

  3. The excess must be paid on the invoice receipt. 

7.    The Work

  1. We shall use reasonable endeavours to ensure that all parts required for the completion of the Work will be in stock to enable Us to carry out the Work when it is booked to be carried out but We will tell You if, due to non-availability of parts or a delay in their delivery, We are unable to begin the Work on the date We have arranged with You and to complete it within the total amount of the time referred to in sub-Clause 7.5; 

  2. If We cannot carry out and complete the Work due to non-availability of parts or a delay in their delivery, then when We tell You that (as set out in sub-Clause 7.1), You may either make arrangements with Us for a re-booking or You may exercise Your  right to cancel as set out in Clause 13;

  3. We shall agree with You before We begin the Work on all parts that We are going to use (except for those additional parts referred to in sub-Clause 7.6). We shall explain to You why each part is needed unless You explicitly tell Us that You do not need that explanation;

  4. We shall only use parts for the Work that are new and either Manufacturer’s original parts or those produced by a third party and authorised by the Manufacturer. If We in any way intend not to abide by this requirement, We will tell You Our reasons for doing so and We may not do so unless You first explicitly consent;

  5. We will tell You before We begin the Work the amount of time We initially estimate that We will need to carry out the Work subject to any additional time needed under sub-Clause 7.6. We shall tell You promptly on discovering a need for such additional time and the reasons for needing it; 

  6. If We find during the course of the Work that We need to use additional parts and/or labour, We will only order additional parts or carry out additional Work if You first explicitly consent. For that purpose We will tell You immediately and give You an estimate for both the cost to You of additional parts and labour and also an estimate of the amount of additional time We need to carry out the additional Work;

  7. We will allow You an appropriate reduction in the Price to the extent that  the time We take to carry out all of the Work:

7.7.1exceeds the total of the time We initially estimated under sub-Clause 7.5 and the additional time We estimated under sub-Clause 7.6; and 

7.7.2exceeds what is a reasonable time in all of the circumstances;

but a reduction will only apply to any part of the delay in the completion of the Work due to a cause within Our reasonable control;   

7.8If We replace any parts, We will make the original parts available to You to view and examine up to and including the time that You collect Your Vehicle. You may only remove those parts from the Garage if You will dispose of them in an environmentally responsible manner. If You do not wish to inspect and / or remove the parts, We shall dispose of them after You collect Your Vehicle; and

  1. We shall use reasonable endeavours to ensure that We take good care of Your Vehicle and any of Your possessions inside it but We nevertheless advise You to remove all possessions from the Vehicle before We begin the Work.

8.             Vehicle Warranties

  1. If the Vehicle is covered by a Manufacturer’s new vehicle warranty, anti-perforation warranty or rust/corrosion warranty at the time the Work is carried out, We shall carry out all of the Work in a way that adheres to the terms of those warranties and the Manufacturer’s specifications and documentation, using original or Manufacturer-authorised parts; 

  2. If Our compliance with sub-Clause 8.1 causes Us additional cost, We will tell You of alternatives and will explain to You in full the consequences of those alternatives (including, but not limited to, the voiding of the Manufacturer’s warranties). The decision as to whether or not We will follow any such alternative shall be Your decision alone; 

  3. Before We begin any of the Work covered by a Manufacturer’s or a third party organisation’s warranty We shall obtain their consent to Us carrying out that Work; and

  4. We shall not be responsible or liable for any failure to comply with any warranties where You have not told Us of those warranties.

9.             Sub-Contracting

We may subcontract any of Our obligations under these Terms and Conditions provided that any sub-contractor We use is reasonably skilled in the relevant practices and provided that We do not pass on to You any additional charges without Your prior consent.

10.          Insurance, Damage and Liability

  1. We shall at all times have in place suitable and valid insurance, including public liability insurance; 

  2. We shall not be liable to You for any loss or damage You suffer due to Your failure to follow Our or the Manufacturer’s instructions; 

  3. We will not be liable to You for any failure or delay in performing Our obligations where such failure or delay results from any cause that is beyond Our reasonable control; 

  4. We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Our contract with You is created. We will not be responsible for any loss or damage that is not foreseeable; 

  5. We provide Services to You only for Your personal and private use/purposes as a Consumer. We make no warranty or representation that products or other goods or materials that We use in carrying out the Work are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale). We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity; 

  6. Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation; and

  7. As a “consumer” as defined by the Consumer Rights Act 2015, or as a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:

    1. the Consumer Rights Act 2015; 

    2. the Regulations; 

    3. the Consumer Protection Act 1987; or

    4. any other consumer protection legislation; 

as that legislation is amended from time to time.

For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.

11.          Warranty and Guarantee

  1. We warrant the Work from the date of invoice for a Warranty Period of 24 months or a distance 24,000 miles whichever occurs first; 

  2. Unless We explicitly tell you otherwise when We invoice You, We shall warrant all parts that We use from the date of invoice for a Warranty Period of 24 months or a distance of 24,000 miles whichever occurs first. The warranties on certain parts may vary due to their original Manufacturers’ warranty conditions, and in that case, We will tell You in Our invoice or another document Our different Warranty Period or distance for those parts; 

  3. If any Work was done and/or parts used fails during the Warranty Period, We  shall carry out the necessary repairs and replacements at no additional cost to You; 

  4. Any warranty that We give You applies to Your Vehicle. If You sell or otherwise transfer ownership of Your Vehicle to another person, they will be entitled to the benefit of the warranty for the rest of the Warranty Period; 

  5. We will be entitled to void any warranty that We give You if the Vehicle is used for anything other than normal purposes (unless We explicitly tell you otherwise). This includes:

    1. Participating in racing or other competitions of any kind; 

    2. Participating in speed testing or time trials; 

    3. Use of the Vehicle in a way which exceeds its design limitations (exceeding maximum towing weight, for example);

    4. Use of the Vehicle in a way which does not conform with Manufacturer’s recommendations; or 

    5. Failure to service or otherwise maintain the Vehicle in accordance with the Manufacturer’s recommendations;

  6. The rights and remedies that We give You under this Clause 11 to provide repairs and replacement parts shall (as stated by sub-Clause 10.7) be in addition to all such rights and remedies as are available to You if You as a Consumer.

12.          Courtesy Car

  1. We may loan You a courtesy car but We will not be bound to do so and may decline to do so due to non-availability of a car or any other reason, and We will not in any case loan You a courtesy car if You are not eligible (as set out in sub-Clause 12.2) to be given one. If You request a courtesy car and We agree to provide one it will be on condition that You first complete and accept the terms and conditions of a Courtesy Car Agreement; 

  2. We will not provide You with a courtesy car unless You are eligible as follows:

    1. You hold a full (not provisional) driving licence which You have held for at least 1 year at the date of being provided with the courtesy car

    2. You are at least 21 years old and not more than 75 years of age; 

    3. You have no more than 6 penalty points on Your driving licence; 

    4. You have not been banned from driving for a period of  12 months or more as a result of a CD, DD, DR or UT Offence within a period of 5 years up to the date of being provided with the courtesy car; and 

    5. You have shown Us two forms of identification (in addition to Your driving licence) when You are collecting the courtesy car, at least one of which includes Your home address. Such forms of identification include, but are not limited to a passport, bank statement and a utility bill.]

13.          Cancellation

13.1       You may cancel any Work booked as set out in sub-Clause 13.5 or as set out in sub-Clause 13.3;

13.2       If You cancel under sub-Clause 13.3 or 13.5, and You have paid Us any deposit or prepayment under sub-Clause 5.1, We shall return it to You less any amount You owe to Us under any part(s) of this Clause 13, but You will still be liable to pay Us the remainder of the amount You owe Us;

13.3       If, on or after You have brought Your Vehicle to Our premises for the Work to be carried out, You cancel the Work but We have by that time begun the Work, You must pay Us for all labour and for all parts We have used and, if We so decide, for all parts We have ordered but not yet used if in Our reasonable judgement We are unlikely to use or sell those ordered parts within 3 months. We shall invoice You for that labour and those parts. We will charge You for that labour at the same hourly rate as We used to calculate the Price. Clause 5 shall apply to the payment of any such invoice;

  1. The parts We have ordered but not used by the time You cancel will remain Our property. We may use or dispose of them as We see fit without accounting to You for their cost where We have charged You for them under sub-Clause 13.3;

  2. Where the contract We make with You is not made on Our premises, the Regulations give You the following rights in addition to the rights given to You by the above provisions of this Clause 13:

13.5.1You may for any reason cancel a booking during the 14 day period after We confirm that booking unless sub-Clause 13.5.2 applies. If You cancel as allowed by this Sub-clause 13.5.1, and You have already made any payment(s) to Us for the Work, We will refund the payment(s) to You within 14 days of receiving Your cancellation; but 

13.5.2if the booking is for a date for beginning the Work which is before the end of the 14 day period from when You make the booking and if You have expressly requested Us to do any of the Work and We do so, You may not cancel the booking and You must pay in accordance with Clause 13.3 for such of the Work as has been carried out;

If You request that Your booking be cancelled, You must confirm this in any way convenient to You; 

  1. If You cancel any booked Work and You have a courtesy car from Us, You must return it to Us immediately; and

  2. Once You have paid Us all that You owe Us, You shall collect (or arrange for the collection of) Your Vehicle within 7 days. If Your Vehicle remains on Our premises beyond that period. You shall pay Us for its storage at the rate of £ 20 per day. We will not release Your Vehicle until You have paid in full all sums that You owe Us (including the storage charge). 

14.          Customer Confidence and Satisfaction, and Complaints

14.1We are committed to ensuring that all customers receive a high standard of work and service, and We always welcome feedback from Our customers. We may ask You to complete a customer satisfaction survey following the completion of the Work. Whether or not You complete it will be for You alone to decide. If You do, it will help Us to provide high-quality service and to improving Our standards of work for You and other customers; 

 

14.2Whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint; 

 

14.3If You are not entirely satisfied with the Work or have any complaint about the Work or Our Services or any other complaint about Us or any of Our staff, please raise the matter with Bogdan Buczynski – Customer Liaison Manager who can be contacted at the Garage at office@theundergroundgarage.co.uk. The complaint procedure is available on our website at 

14.4If We and You are not able to agree on a means by which We will resolve Your complaint or are not able to resolve it, You may refer it to the VBRA Conciliation Service as set out in Clause 15.  

 

15.          NBRA Conciliation and Arbitration

If You decide to refer Your complaint to the NBRA Conciliation Service, We must permit it to be dealt with by the NBRA Conciliation Service, and either We or You may for that purpose contact the NBRA secretariat at 01788 538317.

15.1       You will need to complete a Conciliation Case Reference Form (“the Form”) which the NBRA will send to You. You must then submit that Form to the NBRA together with any relevant supporting evidence; 

15.2       After receiving Your Form, the NBRA will forward all information to Us. If We do not either reply to the NBRA or confirm to them a satisfactory outcome within 10 working days, the NBRA will contact Us; 

15.3       The NBRA may, at its sole discretion, appoint an independent expert to assist in reaching a satisfactory outcome. The expert will issue a report within 10 working days of carrying out an inspection. The expert’s report will be issued to the NBRA, Us and You. Neither We nor You will have to bear any cost of or connected with the involvement of the expert in this NBRA conciliation process. The NBRA will bear all of those costs; 

15.4       If the NBRA conciliation does not produce a satisfactory result for You, You may request that the matter be referred to the NBRA Arbitration Service but it may only be referred to that Service if We agree to that referral; 

15.5       After Your request to refer the matter  to arbitration, the NBRA will transfer all relevant information to the National Conciliation Service, and the NBRA will no longer be involved in the process; 

15.6       The National Conciliation Service will contact You to arrange to proceed with the arbitration; 

15.7       Neither We nor You will have a right to appear or be represented at the arbitration hearing unless so requested by the appointed arbitrator; and 

15.8       Following consideration of the relevant information and evidence the arbitrator will tell You, Us and the NBRA in writing of his/her decision. The arbitrator’s decision, including any directions relating to costs, shall be legally binding upon You and Us.

16.          How We Use Your Personal Information (Data Protection)

  1. All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and Your rights under the GDPR.

  2. 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 Notice available at our website. 

17.          Regulations

We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before We confirm the booking for any Work) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for You to see now, or We will make it available to You before We confirm the booking. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.

18.          Information

As required by the Regulations:

 

18.1all of the information described in Clause 17; and 

 

18.2any other information which We give to You about any Services or the Garage which You take into account when deciding to make a booking or when making any other decision about the Services; 

 

will be part of the terms of Our contract with You as a Consumer.

 

19.          Changes to Terms and Conditions 

We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.

20.          No Waiver

No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.

21.          Severance

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.

22.          Law and Jurisdiction

  1. These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of Scotland.

  2. As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 22.1 above takes away or reduces your rights as a consumer to rely on those provisions.

  3. Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

Voucher Buyer - TERMS & CONDITIONS

We accept the following payment methods: Mastercard credit & debit cards Visa credit & debit cards American Express 

If you are sending the Voucher to yourself to print at home, you will receive an email with a link to a PDF download. Please open and print the PDF as this is your Voucher. 

You are responsible for ensuring that the correct recipient email address is input in your Voucher order. If unsure, please use your email address. You can forward the email to the recipient at a later time, or print and hand it to them in person or send it by post. 

This Voucher is only good for a single transaction and must be redeemed on or before the stated Expiry Date; any remaining amount is not exchangeable with or for cash or another voucher and will be automatically forfeited.

If the total cost of the item/s you wish to purchase exceeds the value of the Voucher or Vouchers purchased, you can make up the difference with another form of payment.

This Voucher will not be replaced when lost, damaged, or stolen; however, you may log in to your account and resend your Voucher from your dashboard. We will send your Vouchers by e-mail. We will not be liable for any failure or delay in delivery or losses arising from such failure or delay.

This Voucher is valid only at the Merchant 

In the event of any dispute, the decision of the Merchant is final.

The Underground garage Ltd reserves the right to amend or supplement these terms and conditions from time to time. Any changes will be posted on this page and other pages of this Site.

This Voucher entitles the bearer to redeem the product and services specified herein or where a general Voucher has purchased any goods or services supplied by the Merchant.

Your Voucher cannot be used against any items which you ordered or purchased before the date of the Voucher or which you order or purchase without quoting your unique Voucher number. 

Returns/Refunds of a Voucher:

All Voucher sales are final and non-refundable.

Please direct any inquiries about the use of your Voucher to the Merchant.

When you make an order, and the Merchant accepts it, a legally binding contract is made, the terms and conditions of which are set out below under “Terms & Conditions of Sale.” They do not affect your statutory rights as a consumer.

  1. Terms & Conditions of Sale

    1. Your acceptance of these Terms and Conditions of Sale: By purchasing a Voucher on this site you agree to these Terms of Sale, and you acknowledge that your purchase is made subject to and by these Terms and Conditions of Sale.

  2. Terms & Definitions

    1. In this Agreement, the following terms have the meanings set opposite them:

      1. "Merchant" means The Underground Garage Ltd.

      2. “Merchant Products and Services" means goods and services provided by a Merchant which are described as part of a Voucher sale against which a Voucher can be redeemed.

      3. "Services" means all or any of the services provided by The Underground Garage ltd via or in association with the Site.

      4. "Site" means the theundergroundgarage.co.uk website.

      5. "Voucher" means a Voucher for sale on The Underground Garage site which can be exchanged for Merchant Products and Services from the Merchant to which the specific Voucher pertains.

      6. "The Underground Garage " means Us (trading as “The Underground Garage”).

      7. "Liability" means liability in or for any cause of action whatsoever (including breach of contract, breach of statutory duty, delict, misrepresentation, restitution or any other cause of action whatsoever) relating to or arising under, from or in connection with this Agreement.

  3. General Terms and Conditions of Sale

    1. What we do and do not do: We provide the services on the Site, and we sell Vouchers created by us (the “Merchant”). We sell Vouchers via our portal that can be redeemed with Merchant for the Products and Services described by the Merchant on the Vouchers we have created for sale. We are under any circumstances responsible or liable for the supply of the Merchant Products and Services. Any Merchant Products and Services will always be supplied by the Merchant itself acting as an independent contractor.

    2. About this document: This is a legal document which is the agreement between You,(whom we refer to as "you" or "your") and Us. 

    3. About Us: We are The Underground Garage Ltd trading as The Underground Garage, and we refer to ourselves as "The Underground Garage," "we," "us" or "our" in this document. We are the owner and operator of this Site and are a company registered in Scotland  under registration number SC543657, and our registered address is 17 Greenbank Business Centre, Greenbank Road, East Tullos Industrial Estate, Aberdeen, Scotland, AB12 3BN

    4. Our rights to change this agreement: We reserve the right to amend these Terms of Sale at any time. 

    5. Email marketing and administrative communications: We may send you email newsletters and other communications to you directly from time to time via email or communicate with you by other means where this has been specified by you. Email communications for administrative and contract purposes are required for effective communication about your account operation. They may also be used for marketing purposes; however, you may unsubscribe from newsletter communications at any time. We may also provide newsletter email facilities for you to use within our site.

    6. We refer you to our Privacy Policy https://www.theundergroundgarage.co.uk/privacy-policy and specifically to the personal information we gather and what we do with that information. Our Privacy Policy forms part of these Terms and Conditions of Sale. We may use this information for direct marketing purposes unless you indicate that you do not want us to do so. This may include regional Voucher offers or deals and offers and deals in the same or similar product or service category as this Voucher. If you agree to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to us to our address or by emailing us at info@theundergroundgarage.co.uk.

    7. Your use of this Site and our Services: You may access the Site only through standard web browsers and devices and similar consumer applications. However, access is not permitted via any robot, spider, proprietary program, site search, and retrieval application or another device, system, or process used to scan, index, or data mine our site and its content. Search engines may use spiders to copy materials from the Site for the sole means of creating publicly available search indices of our site content, but not to create stored archives of such content. Your access to this Site and the Services is revocable by us at any time.

    8. You must not misuse the Site or any part of the Services by introducing viruses, Trojans, worms, logic bombs, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer, or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

    9. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act of 1990. The Underground garage will report any such breach to the relevant law enforcement authorities, and the voucher card will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use VoucherCart’ Site will cease immediately.

    10. Access to the Services is permitted temporarily, and The Underground Garage reserves the right to withdraw or amend the Services without notice. The Underground Garage will not be liable if for any reason any of the Services are unavailable at any time or for any period.

    11. From time to time, The Underground Garage may restrict access to any or all of the Services. Any personal data and other information provided by you is processed by The Underground Garage by The Underground Garage ’ Privacy Policy. By providing any such personal data or other information, you agree to the terms of The Underground Garage ’ Privacy Policy.

    12. The Underground Garage has any obligation to provide any maintenance and support services concerning the Services.

    13. The Underground Garage owns or is the licensee to, all right, title and interest in and to the Services, including all rights under patent, copyright, trade secret or trademark law, and any other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from any part of the Services.

    14. You must not extract or otherwise use any of the content on the Site and Services for commercial purposes without obtaining a license to do so from The Underground Garage.

    15. The Underground Garage respects intellectual property rights. If you are aware that any of your intellectual property rights have been infringed on the Site, please contact The Underground Garage at marketing@theundergroundgarage.co.uk to report the concern.

    16. Usage Prevention: We reserve the right to prevent you from using the Site and the Services (or any part) at any time by suspension or termination of your account.

    17. Your legal rights: As a consumer, nothing in these Terms of Sale affects your statutory, or legal, rights.

  4. Standards and Liability Limitation

    1. Nothing in this Agreement shall exclude or limit our liability for any liability which cannot be excluded or limited by applicable law (such as for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or any other non-excludable statutory rights).

    2. We warrant that we will exercise reasonable care and diligence in performing any obligation under this Agreement.

    3. What you can and cannot take legal action against us for: You may take action against us for a breach of contract only but nothing else.

    4. Categories of loss that we are not responsible for: To the fullest extent permitted by law we shall have no liability for:

      1. loss of goodwill;

      2. loss of reputation;

      3. loss of contracts;

      4. loss of business;

      5. loss of revenue;

      6. loss of opportunity;

      7. loss of anticipated savings;

      8. loss of actual or anticipated profits;

      9. loss of the use of money;

      10. indirect or consequential or special loss; and

      11. loss of, damage to, or corruption of data or use.

    5. Please note that we interpret "consequential loss" to mean "consequential losses whether those losses are foreseeable, known, foreseen or otherwise."

    6. Limits of Liability: Our total liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to £30.

  5. Indemnity

    1. You shall indemnify us against any loss, liability, or cost incurred by us arising as a direct or indirect result of:

      1. any claims or legal proceedings brought or threatened against us by any person arising from:

      2. your use of a Voucher;

      3. any breach of these Terms and Conditions of Sale by you.

  6. Voucher Purchase Terms:

    1. We will send your vouchers by e-mail. We will not be liable for any non-delivery, delay in delivery or losses arising from such non-delivery or delay in delivery; 

    2. When you purchase a Voucher, you accept that this forms a contract between you and the Merchant to allow you to redeem Products and Services by that Voucher.  You must not reproduce in any form the vouchers, and The Underground Garage or Merchant trademark (the Brand) or anything deceptively similar to any of them, or authorize or assist or enable others to do so without our prior written consent. The vouchers and the Underground Garage trademark or may not be used in combination with any other marks, names, words, or logos without our prior written consent.

    3. If you breach any of these conditions, we may cancel any agreement with you and decline to make available or supply any further vouchers until breaches have been remedied.

    4. If we are prevented from performing any obligation under this agreement due to circumstances outside our control, we will be released from that obligation and will not be liable for any failure to perform it.

    5. Voucher Redemption Terms are detailed below and on the Merchant Voucher. Your statutory rights are not affected.

    6. For the protection of our customers and to ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. You consent to such checks being made. In performing these checks, personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. This is a procedure carried out to confirm your identity, verify that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly by the Data Protection Act 1998.

    7. If an order cannot be fulfilled for any reason, The Underground Garage will promptly refund all monies.

    8. Minimum Age: To make a purchase, you must be at least 18 years of age. By making a purchase, you agree that you are 18 years of age, or older.

    9. Place of Use: Vouchers are intended solely for those who make a purchase from the UK. The service is provided at a Merchant location address only.

    10. Usage Scope: You agree that any Voucher purchases are for non-commercial, personal use only (although you may provide any Voucher to someone else for their personal use). You must not purchase a Voucher for business purposes without our express, written consent from The Underground Garage to do so.

    11. Prevention on Use: We reserve the right to prevent you from making any Voucher purchase for any reason whatsoever. Any such decision is at our sole discretion.

    12. Our Responsibility: You acknowledge that it is the Merchant, who is the seller of the Merchant Products and Services to which the Voucher pertains.

    13. You acknowledge that it is the Merchant, who is the party who enters into a contract with the person purchasing and/or redeeming the Voucher for the Merchant Products and/or Services and such contract shall comprise these Terms and Conditions of Sale, the email confirmation of your order and any applicable terms stipulated by the Merchant and you agree to be bound by all such provisions. You should carefully review the Terms and Conditions of Sale, the email confirmation of your order and any applicable terms stipulated by the Merchant about the order. If there is any conflict or inconsistency between these Terms and Conditions of Sale and the email confirmation of your order or any applicable terms stipulated by the Merchant, these Terms and Conditions of Sale shall prevail to the extent of the conflict or inconsistency.

    14. Purchases for goods and services you make with a Merchant may only be paid for using a debit or credit card through The Underground Garage’s payment facility. In accepting or otherwise processing your payments related to the purchase of items from Merchants. The Merchant acknowledges and agrees that the valid payment by you to us for the purchase of Merchant Products and/or Services between you and the Merchant will satisfy your obligation to pay the Merchant for the relevant Merchant Products and/or Services and consequently, any debt obligations owed by you to the Merchant for the purchase of such items shall be extinguished at that time. The Merchant further agrees that it will not seek recourse (legal or otherwise) against you for payment of items if you have validly paid. All prices shall be shown in the applicable currency and payable in that currency. You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions). You accept that item prices in the currencies displayed do not vary according to your location. 

    15. The Underground Garage may refuse to process a transaction for any reason or refuse service to anyone at any time at The Underground Garage's sole discretion. We will not be liable to you or any third party because of so refusing or because of unwinding or suspending any transaction after processing has begun.

    16. These Terms and Conditions of Sale and any documents expressly referred to in them constitute the entire express agreement between you and us, and supersede and extinguishes all previous drafts, agreements, arrangements and understandings between The underground Garage and you, whether written or oral, relating to its subject matter. Both you and The underground Garage agree that neither The Underground Garage nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions of Sale or any documents expressly referred to in them. Neither you or The Underground Garage shall have any claim for innocent or negligent misrepresentation based upon any statement in these Terms and Conditions of Sale and any documents expressly referred to in them.

    17. You acknowledge that it is the Merchant,  who takes sole responsibility for providing you with the Merchant Products and Services and for any aspects of the Merchant Products and Services themselves.

    18. You acknowledge that it is the Merchant,  who is solely responsible for redeeming any Voucher you purchase.

  7. Usage Restrictions:

    1. Each Voucher purchased may only be used for a single transaction and must be redeemed on or before the stated Expiry Date; any remaining amount is not exchangeable for cash or another voucher and will be automatically forfeited.

    2. Prohibited Use: The following Voucher uses are prohibited, and you agree not to (or to permit anyone else to):

      1. reproduce or resell any Voucher;

      2. provide false data including but not limited to false names, addresses, contact details and fraudulent use of credit/debit card numbers; or

      3. engage in any criminal or unlawful activity in direct or indirect connection with the use of any Voucher.

    3. Any reproduction or resale of a Voucher is strictly prohibited. Any attempt to reproduce or resell a Voucher may render the Voucher null and void.

    4. Combined use: It is at the discretion of the Merchant to determine whether Vouchers can be combined with any other vouchers, offers, promotions, or coupons.

    5. Voucher Expiry: Voucher expiry dates will vary depending on the Voucher you have purchased; however, your Voucher will expire on the date stated on the Voucher and The Underground Garage website. Once your Voucher has expired, it is no longer valid and is non-redeemable against Merchant Products and Services. Please take care to observe Voucher expiry dates.

    6. Vouchers will not be replaced when lost, damaged, or stolen; however, you may log in to your account and resend your Voucher from your dashboard. We will send your vouchers by e-mail; however, we will not be liable for any failure or delay in delivery or losses arising from such failure or delay.

  8. Voucher Redemption:

    1. Vouchers can be exchanged for a variety of goods or services which may vary from time to time or against the specific goods/services to which your Voucher relates. 

    2. Vouchers cannot be used after the date of their expiry.

    3. Vouchers cannot be refunded or exchanged for cash or other denominated vouchers. If an intended purchase is for a higher amount than the face value of the Voucher(s), the difference can be made up with cash. If a purchase is for a lower amount, no change can be given. Vouchers cannot be used in conjunction with any special promotions, discount tokens, coupons, or cards.

    4. Any queries regarding the redemption of this Voucher should be directed to the Merchant, the contact details of which are provided on the Voucher purchased.

  9. General

    1. Time

      Unless stated otherwise, time is not of the essence of any date or period specified in this agreement.

      All payments by you will be made without set-off or counterclaim, free and clear of and without deduction for any tax, levy, duty, charge, or withholdings of any kind now or in the future, imposed in any jurisdiction unless a party is compelled by law to deduct or withhold any such amounts, in which case it will pay to the other such additional amount as will ensure that the other is paid the full amount it would have received but for such deduction or withholding.

    2. Relationship

      The parties are independent contractors and not principal and agent, partners, or employer and employee.

    3. Severability

      If any part of this agreement is found by a court, tribunal or another administrative body of competent jurisdiction to be unenforceable or invalid for any reason, that provision is to be severed from this agreement, and the remaining provisions of this agreement will otherwise remain in full force.

    4. Notices

      Notices under the Agreement will be in writing and sent to the persons and addresses set out on the Site or in your account. They may be given, and will be deemed received:

      1. by first-class post: two Business Days after posting;

      2. by airmail: seven Business Days after posting;

      3. by hand: on delivery;

      4. by facsimile: on receipt of a successful transmission report from the correct number, and

      5. by e-mail: on receipt of a delivery or read receipt mail from the correct address.

    5. Waiver

      No delay, act or omission by either party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

    6. Rights of Third Parties

      Save as provided at law, the Agreement is not enforceable by any third party.

    7. Entire Agreement

      The Agreement constitutes the entire agreement between the parties about its subject matter. No other terms apply.

    8. Succession

      The Agreement will bind and benefit each party is successors heirs, personal representatives, and assignees.

    9. Governing Law and Jurisdiction

      1. The Agreement will be governed by the law of Scotland.

      2. Disputes will be submitted to the non-exclusive jurisdiction of the courts of Scotland.

By accessing this website, we assume you accept these terms and conditions in full. Do not continue to use The Underground Garage's website if you do not accept all of the terms and conditions stated on this page.

 

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client," “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company," “Ourselves,” “We,” “Our,” and "Us," refers to our Company. “Party,” “Parties,” or “Us,” refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of United Kingdom. Any use of the above terminology or other words in the singular, plural, capitalization and he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By using The Underground Garage's website, you consent to the use of cookies by The Underground Garage’s privacy policy.

Most of the modern-day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, The Underground Garage and it’s licensors own the intellectual property rights for all material on The Underground Garage. All intellectual property rights are reserved. You may view and print pages from http://www.theundergroundgarage.co.uk/ for your personal use subject to restrictions set in these terms and conditions.

You must not:

Redistribute content from The Underground Garage (unless content is specifically made for redistribution).

User Comments

  1. This Agreement shall begin on the date hereof.

  2. Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material, and data ('Comments') in areas of the website. The Underground Garage does not screen, edit, publish, or review Comments before their appearance on the website, and Comments do not reflect the views or opinions of The Underground Garage, its agents or affiliates. Comments reflect the view and opinion of the person who posts such views or opinions. To the extent permitted by applicable laws The Underground Garage shall not be responsible or liable for the Comments or any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and posting of and appearance of the Comments on this website.

  3. The Underground Garage reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.

  4. You warrant and represent that:

    1. You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

    2. The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or another proprietary right of any third party;

    3. The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy

    4. Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

  5. You at this moment grant to The Underground Garage a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any forms, formats or media.

Hyperlinking to our Content

  1. The following organizations may link to our Web site without prior written approval:

    • Government agencies;

    • Search engines;

    • News organizations;

    • Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and

    • Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

  1. These organizations may link to our home page, to publications or other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

  2. We may consider and approve in our sole discretion other link requests from the following types of organizations:

    • commonly-known consumer and business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;

    • dot.com community sites;

    • associations or other groups representing charities, including charity giving sites,

    • online directory distributors;

    • internet portals;

    • accounting, law and consulting firms whose primary clients are businesses; and

    • educational institutions and trade associations.

We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavourably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of The Underground Garage; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to info@theundergroundgarage.co.uk. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:

  • By use of our corporate name; or

  • By use of the uniform resource locator (Web address) being linked to; or

  • By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party's site.

No use of The Underground Garage’s logo or other artwork will be allowed for linking absent a trademark license agreement.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

Content Liability

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

While we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and the use of reasonable care and skill). Nothing in this disclaimer will:

  1. limit or exclude our or your liability for death or personal injury resulting from negligence;

  2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;

  3. limit any of our or your liabilities in any way that is not permitted under applicable law; or

  4. exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

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