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Terms and conditions for the sale of goods

 

 

BACKGROUND:

These Terms and Conditions are the standard terms for the sale of goods by TecTrich Ltd, a company registered in England under 9732617 at  PO BOX 644, Isleworth, TW8 1BH.

  1. Definitions and Interpretation
  2. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

    “Business Day” means, any day other than a Saturday, Sunday or bank holiday;

    “Calendar Day” means any day of the year;

    “Contract” means the contract for the purchase and sale of Goods, as explained in Clause 2;

    “Goods” means the goods which are to be supplied by Us to you as specified in your Order (and confirmed in Our Order Confirmation);

    “Month” means a calendar month;

    “Price” means the price payable for the Goods;

    “Special Price” means a special offer price payable for Goods which We may offer from time to time;

    “Order” means your order for the Goods

    “Order Confirmation” means Our acceptance and confirmation of your Order as described in Clause 2;

    “We/Us/Our” means TecTrich Ltd a company registered in England under 9732617 of TecTrich, PO Box 644, Isleworth, TW8 1BH and includes all employees and agents of TecTrich Ltd.

  3. Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, [text message,] fax or other means. 

The Contract

  1. These Terms and Conditions govern the sale of goods by Us and will form the basis of the Contract between Us and you.  Before submitting your Order, please ensure that you have read these Terms and Conditions carefully.  If you are unsure about any part of these Terms and Conditions, please contact Us for clarification.
  2. Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at our discretion, accept.
  3. A legally binding contract between Us and you will be created upon our acceptance of your Order, indicated by our Order Confirmation.  Order Confirmations will be provided in writing.

Description and Specification of Goods

  1. We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided in Our sales and marketing literature and descriptions provided by Our customer service team.  We cannot, however, guarantee that all illustrations and/or photographs will be precisely accurate due to discrepancies that may arise during the printing process and/or thedifferences in the colour reproduction of electronic displays.
  2. If you receive any Goods that do not conform to illustrations, photographs or descriptions under sub-Clause 3.1 you may return those Goods to Us as provided in Clause 7.
  3. If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.  If, as a result of any such error or omission, you have received the wrong Goods, you may return those Goods to Us as provided in Clause 7.  If, as a result of any such error or omission, you have paid too much, We will refund the excess paid for the Goods.
  4. We reserve the right to make any chances in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.

Orders

  1. All Orders for Goods made by you will be subject to these Terms and Conditions.
  2. You may cancel your Order at any time before We despatch the Goods by contacting Us.  If you have already paid for the Goods under Clause 5, the payment will be refunded to you within 3 working days.  If you request that your Order be cancelled, you must confirm this cancellation in writing.
  3. We may cancel your Order at any time before We despatch the Goods in the following circumstances:
  4. The Goods are no longer in stock and We are unable to re-stock (if, for example, the Goods are discontinued); or
  5. An event outside of Our control continues for more than 7 days (please see Clause 12 for events outside of Our control).
  1. If We cancel your Order under sub-Clause 4.5 and you have already paid for the Goods under Clause 5, the payment will be refunded to you within 3 working days.  If We cancel your Order, the cancellation will be confirmed by Us in writing.

Price and Payment

  1. The Price of the Goods will be that shown in Our product page in force at the time of your Order.  If the Price shown in your Order differs from Our current Price We will inform you upon receipt of your Order.
  2. If We quote a Special Price which is different to the Price shown in Our current product page, and the Special Price is part of an advertised special offer, then the price is valid for the period shown in the advertisement.  Orders placed during this period will be accepted at the Special Price even if We do not accept the Order until after the period has expired.
  3. Our Prices may change at any time but these changes will not affect any Orders that We have already accepted.
  4. We have made every reasonable effort to ensure that our Prices, as shown in Our current product page are correct.  Prices will be checked when We process your Order.  If the actual Price of the Goods is lower than that stated in your Order, you will be charged the lower Price (unless the lower price was an obvious mistake that you could have reasonably recognised).  If the actual Price of the Goods is higher than that stated in your Order, We will contact you to inform you and ask you how you wish to proceed.
  5. All Prices include VAT.  If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay.  Changes in VAT will not affect any Prices where We have already received payment in full from you.
  6. Our Prices exclude the cost of delivery.  Delivery costs will be added on to the final sum due.
  7. All payments for Goods must be made in advance before We can despatch the Goods to you.

We accept the following methods of payment:

  1. Card payment via Stripe or PayPal only;
 
Delivery options
Royal Mail 24: FREE
Next day Guaranteed (order before 2pm Monday to Thursday): £7.25
Saturday Guaranteed (order before 2pm Friday): £11.70
Ireland: FREE
International EU: £8.00
International rest of the world: £10.00

Returning Goods

  1. We offer a no quibble money back guarantee on all our products. You just need to claim a refund within 60 days of your order date. To claim a full refund simply email or call.

Our Liability

  1. 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 the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.
  2. We only supply Goods for domestic and private use.  We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). By making your Order, you agree that you will not use the Goods for such purposes.  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.
  3. Nothing in these Terms and Conditions seeks to 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.
  4. Furthermore, nothing in these Terms and Conditions seeks to exclude or limit Our liability for the following with respect to your rights as a consumer:
  5. Breach of your right to title and quiet possession as implied by section 12 of the Sale of Goods Act 1979;
  6. Breach of terms relating to description, satisfactory quality, fitness for purpose and samples as implied by sections 13, 14 and 15 of the Sale of Goods Act 1979;
  7. Our liability relating to defective products as set out in the Consumer Protection Act 1987.

Events Outside of Our Control (Force Majeure)

  1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our control.
  2. If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
  3. We will inform you as soon as is reasonably possible;
  4. Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
  5. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
  6. If the event outside of Our control continues for more than 7 days We will cancel the Contract and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;
  7. If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to cancel under sub-Clause 4.4 above.

Communication and Contact Details

  1. If you wish to contact Us with questions or complaints, you may contact Us by telephone at 020 3764 5544 or by email at support@tectrich.com
  2. In certain circumstances you must contact Us in writing (when cancelling an Order, for example).  When contacting Us in writing you may use the following methods:
  3. Contact Us by email at support@tectrich.com or
  4. Contact Us by post at TecTrich Ltd PO BOX 644, Isleworth TW8 1BH.

How We Use Your Personal Information (Data Protection)

  1. All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
  2. We may use your personal information to:
  3. Provide Our Goods and services to you;
  4. Process your payment for the Goods; and
  5. Inform you of new products and services available from Us.  You may request that we stop sending you this information at any time.
  6. We will not pass on your personal information to any other third parties.

Other Important Terms

  1. We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs you will be informed by Us in writing.  Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.
  2. The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and ConditionsIf any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions.  The remainder of these Terms and Conditions shall be valid and enforceable.
  3. No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

Governing Law and Jurisdiction

  1. These Terms and Conditions (and the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
  2. Any dispute, controversy, proceedings or claim between Us and you relating to these Terms and Conditions (or the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the non-exclusive jurisdiction of the courts of England and Wales.
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