The following definitions apply to these Terms and Conditions:
1. “the Company” means TachoCheck Ltd.
2. “the Website” means the E-commerce web site at http://www.tachocheck.co.uk/
Acceptance of Terms Through Use
I accept the Terms and Conditions displayed at this link. By accepting these terms and conditions you give your consent for the TachoCheck to store cookies on your computer needed for your use of the TachoCheck Shop.
1. Order Process
In the order process the “confirmation” stage sets out the final details of your order. Following your confirmation of your order the company will send you an order acknowledgement email detailing the products you have ordered. Please note that this email does not constitute order confirmation or order acceptance by the Company.
Acceptance of your order and the completion of the contract between you and the Company will take place on despatch to you of the goods ordered unless the Company has notified you that it does not accept your order or you have cancelled your order.
Details of past orders are not available for access from the Website. Therefore you are advised to print out these Terms and Conditions and the order acknowledgement for your own records. If you wish to obtain specific details of your previous orders please contact the Company.
The Website is intended for use by customers in mainland UK, Eire and Northern Ireland only. Goods ordered can only be delivered to customer addresses in mainland UK, Eire and Northern Ireland. All goods must be signed for an adult aged 18 years or over on delivery.
The Company shall have no liability for damage to goods in transit, shortage or loss of goods unless the company is notified in writing of such damage, shortage or loss with reasonable particulars within 14 days of receipt of the goods or in the case of total loss receipt of the notification of dispatch. The customer shall make available any damaged goods for inspection by the Company’s servants or agents within 14 days of a request for such inspection by the Company. The Company shall have no liability for any consequential loss arising out of damage to goods in transit, shortage or loss of goods.
Delivery charges and estimated timescales are specified when you place an order. The Company makes every effort to deliver goods within the estimated timescales. However, delays are occasionally inevitable due to unforeseen circumstances. The Company shall not be liable for any delay or failure to deliver the goods within estimated timescales. Time for delivery shall not be the essence of the contract.
The risk of loss and damage of the goods ordered passes to you on the date when the goods are delivered.
Payment for goods can be made by Direct Bank Transfer or PayPal only. Goods will not be dispatched until payment has been received by the Company.
Goods are subject to availability. In the event that the Company is unable to supply the Goods within 28 days, the Company will inform you as soon as possible. A full refund will be given if you cancel your order where you have already paid for the goods.
The price you pay is the price displayed on the Website at the time the Company receives your order with the exception of errors. Whilst the company makes every effort to ensure that all prices on the Web Site are accurate, errors may occur. If the Company discovers an error in the price of goods you have ordered the Company will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling your order. If the Company is unable to contact you your order will be considered cancelled. If you cancel your order and you have already paid for the goods you will receive a full refund.
Title to any goods you order on the Website shall pass to you on delivery of the goods ordered.
All prices shown on the Website are in pounds sterling and exclude delivery charges and VAT. Delivery charges and VAT are added where applicable on check out.
4. Proprietary Rights
You acknowledge and agree that all content and materials available on the Website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws.
Except as expressly authorised by the Company, you agree not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on the Website on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Company is strictly prohibited. In addition, use of the content or material for a purpose not expressly permitted in these Terms and Conditions is prohibited. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this Web Site is strictly prohibited without the express written permission of the Company.
5. Disclaimer of Warranties
All materials, information, software, products and services included in or available through this Website (the “content”) are provided “as is” and “as available” for your use. The content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties or merchantability, fitness for a particular purpose or non-infringement.
The Company, its subsidiaries and its licensors do not warrant that the content is accurate, reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or the content is free of viruses or other harmful components. Your use of this Website is solely at your risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.
6. Limitation of Liability
Under no circumstances shall the Company, its subsidiaries or its licensors be liable for any direct, indirect punitive, incidental, consequential damages that result from the use of, or inability to use the Web Site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis even if the Company has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages the company’s liability is such jurisdictions shall be limited to the extent permitted by law.
The Company’s liability in terms of any defect or failure in goods supplied is limited to repairing or replacing the defective or faulty goods within 12 months of delivery.
The Company shall be under no liability for any delay or failure to deliver goods or otherwise perform any obligation as specified in these Terms and Conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
8. International Use
The Company makes no representation that materials on the Website are appropriate or available for use in locations outside mainland UK, Eire and Northern Ireland. Those who choose to access this web site from locations outside mainland UK, Eire and Northern Ireland do so at their own risk and initiative and are responsible for compliance with local laws.
9. Miscellaneous Provisions
The contract between yourself and the Company shall be governed by the laws of England and any dispute will be resolved exclusively in the Courts of England. English is the only language offered for the conclusion of the contract.
To provide increased value to our customers we may provide links to other web sites or resources for you to access at your sole discretion. You acknowledge and agree that as you have chosen to enter the linked web site the company is not responsible for availability of such external web sites or resources and the company does not review or endorse and is not responsible or liable, directly, or indirectly for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources. The provision of such links to external web sites does not imply endorsement of the web site by the company or any association with any of our distributors or partner companies.
You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions or any related order for goods to any third party unless agreed upon in writing by the Company.
The Company reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these Terms and Conditions or any related contract to any third party.
If any portion of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these Terms and Conditions shall not be affected.
No delay or failure by the Company to exercise any powers, rights or remedies under these Terms and Conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of the Company.
These Terms and Conditions including the documents or other sources referred to in terms and conditions supersede all prior representations understandings and agreements between you and the Company relating to the use of the Website (including the ordering of goods) and sets forth the entire agreement and understanding between you and the Company for your use of the Website.
The Company reserves the right to use services provided by other organisations to perform functions and obligations defined under these Terms and Conditions.
The company reserves the right, in its sole discretion, to terminate your access to all or part of the Website with or without notice.
Tel: 01827 319 800
Effective date: 8th April 2015.