TERMS & CONDITIONS
1. General
i. In these terms and conditions of business the word “Company” shall mean Tacktick Limited and the word “Buyer” means the person who orders the goods.
2. Conditions
i. An order for goods placed by the Buyer through the Company website shall be subject to these terms and conditions which shall prevail over all other terms and conditions.
ii. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
iii. Nothing in these terms and conditions shall affect the statutory rights of any consumer
3. Orders
i. All orders for goods shall be deemed to be an offer by the Buyer to purchase goods pursuant to these terms and conditions
ii. The Buyer shall be responsible for ensuring the accuracy of the details provided on the order form.
iii. The Company will not be obliged to accept an order unless all details requested on the order form have been entered correctly
iv. No order submitted by the Buyer shall be deemed to be accepted by the Company unless and until the Company confirms acceptance of the order by e-mail.
v. The Company is entitled to refuse any order placed by the Buyer and will not be required to provide an explanation
4. Goods
i. The goods may differ slightly from the images shown
ii. The Company reserves the right to substitute products of a similar description and standard if the requested goods are not available but will use reasonable endeavours to match the Buyer’s order exactly.
iii. In the unlikely event of the Buyer receiving a substituted product they shall be entitled to return the goods for a full refund (without interest) within 5 working days from the date of delivery, should the substituted product not be acceptable.
5. Price and Payment
i. The price of the goods will be the price quoted on the website at the date the order is received and will include shipping costs as specified and VAT.
ii. Payment will be charged to the credit/debit card account provided on the website order form upon acceptance by the Company of the order
iii. By placing an order the Buyer consents to payment being charged to its credit/debit card account as provided on the order form
iv. The Company reserves the right, by giving notice to the Buyer, at any time before delivery to increase the price of the goods to reflect any increase in the cost to the Company, which is due to any factor beyond its control (such as, but without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture)
v. In the unlikely event of there being such an increase in the price of the goods the Buyer shall be entitled to cancel the order at any time before delivery and to receive a full refund of all moneys paid (without interest).
vi. Title to the goods will only pass to the Buyer on payment in full of the price of the goods
6. Dispatch and Performance
i. Orders will only be accepted for delivery in United Kingdom, Channel Islands, Isle of Man and Northern Ireland
ii. Orders received by noon will be processed and the goods dispatched within 3 working days subject to stock availability, or can be processed for a next day delivery if order received by 1500h, subject to a surcharge of £15.00 and receipt of cleared payment.
iii. Normal delivery is by letter post, road carrier or by van. Goods dispatched for special delivery at the Buyer’s request will be subject to the additional charges incurred.
iv. Any dates quoted for dispatch of the goods are approximate only and we shall not be liable for any delay in dispatch or delivery of the goods however caused and if the good are not dispatched within 7 days of the anticipated date, the Buyer shall be entitled to cancel the order at any time before dispatch takes place
v. If the Company are unable to dispatch the goods or all the goods by the date quoted for dispatch the Company may dispatch such of the goods as are available and will provide the Buyer with the outstanding goods as soon as is reasonably practical. If however the Company have not dispatched the outstanding goods within 7 days from the first date of dispatch, the Buyer shall be entitled to cancel the order for the outstanding goods and to a refund (without interest) of the price paid for the outstanding goods
7. Delivery
i. The goods will be dispatched for delivery to the Buyer at the address provided on the website order form
iii. The Company shall not be liable to the Buyer for short delivery of the goods however caused.
8. Queries and Complaints
i. The Company aims to respond to e-mail, faxed and written queries within 24hrs, Monday to Friday. Its Administration team can answer telephone queries Monday to Friday between 9.00am and 5.00pm
ii. In respect of complaints, the Company will consider the nature of the complaint and will contact the Buyer within 21 days of the complaint giving the result of the enquiries and what the Company proposes should be done
9. Return of goods
i. The Buyer agrees that he will inspect the goods as soon after delivery as is reasonably practicable and will notify the Company and the carrier of any shortages, damage in transit or defects in the goods or any other complaint in respect of them within 3 working days from the date the goods were delivered, or in the case of non-delivery within 15 days of dispatch.
ii. IF THE BUYER FAILS TO COMPLY WITH THIS CLAUSE THE COMPANY WILL NOT BE HELD LEGALLY LIABLE IN RESPECT OF ANY SHORTAGE OR DAMAGE IN TRANSIT or other complaint which should have been brought to its attention within this period.
iii. The User Manual should be consulted in all cases where a fault is suspected.
iv. No goods should be returned without the Company’s prior agreement and in accordance with the arrangements which the Company has previously agreed with the Buyer.
v. Where it is agreed that goods be returned advice of dispatch must be given to the Company by e-mail or recorded delivery letter on the day of dispatch. The carriage of such returns to the Company offices will be the Buyer’s sole responsibility and so the Buyer is strongly recommended to insure any such returns against loss or damage in transit.
vi. A 10% handling charge will be made in respect of all returns unless found by the Company to have been defective when supplied and the Company accepts no liability for any defect judged to have been caused by improper handling of the goods or by the attempted repair by anyone other than the Company or its authorised repairer.
10. Your Warranty
The Buyer warrants that all details provided on the order form for the purpose of purchasing the goods are correct, that the credit card is their own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the goods
11. LIMITATION OF LIABILITY
i. The Company will use all reasonable endeavours to carry out its obligations within a reasonable period of time but will not be liable to the Buyer for any loss, costs or expenses arising directly or indirectly from any delays in doing so.
ii. The Company will not be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of our obligations in relation to this agreement, if the delay or failure was due to any cause beyond its reasonable control. Without prejudice to the generality of the foregoing, the following will be regarded as causes beyond its reasonable control:
c) Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
f) Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
iii. If the Company are prevented from carrying out its obligations in the above circumstances, it will notify the Buyer in writing. If it is still prevented from carrying out its obligations 3 weeks from the date such notice was sent, then either party may give written notice to the other cancelling the Agreement. If the Agreement is cancelled in this way the Company accept no liability to compensate the Buyer for any loss or damage caused by failure to perform save to make immediate refund (without interest) of all moneys paid by the Buyer.
iv. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 section 12 as amended) the Company do not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of the goods
v. Except in respect of death or personal injury caused by its negligence, the Company will not be liable to the Buyer for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims, which arise out of or in connection with the supply of goods other than as a result of a breach of an obligation arising under the Sale of Goods Act 1979 (as amended) and the Supply of Goods and Services Act 1973.
12. General
i. The Company may from time to time change, alter, adapt, add or remove portions of these terms and conditions but if it does so it will post any such changes on the website
ii. 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 this Agreement and the remainder of the provision in question will not be affected
iii. The headings in this Agreement are for convenience only and will not affect their interpretation
iv. These terms shall be construed in accordance with English law and the parties submit to the non-exclusive jurisdiction of the English courts.