Terms and Conditions
TERMS & CONDITIONS OF SUPPLY
The following pages (together with the documents referred to in them) tells you the terms and conditions on which we supply any of the products (“Products”) listed on our website www.cheaptackdirect.co.uk (“Website”) to you and how we run the Website and treat the personal information which you provide us with (the “Terms and Conditions.”) Please read these Terms and Conditions carefully before ordering any Products from the Website. You should understand that by ordering any of our Products, you agree to be bound by these Terms and Conditions. We reserve the right to change the contents of this Website, including these Terms and Conditions, at any time without notice by posting such changes on the Website. It is your responsibility to familiarise yourself with the Terms and Conditions regularly to ensure that you are aware of any changes. Your use of the Website after a change has been posted will signify your acceptance of the modified Terms and Conditions.
You should print a copy of these Terms and Conditions for future reference.
1 COMPANY INFORMATION
1.1 The Website is operated by Cheap Tack Direct (“we/us”). We are registered in England and Wales and our registered address is 1st Floor, 2 Woodberry Grove London, N12 0DR.
2.1 All copyright and other intellectual property rights relating to this Website and its content including images, text and any other material are owned or registered by Cheap Tack Direct or one of its licensors.
2.2 You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the following restrictions:
• Material from the Website is not republished in any form or part, sold or sub-licensed; • Material is not reproduced, duplicated, copied or otherwise exploited for a commercial purpose;
• Material is not edited; and
• Material is not redistributed, except for material specifically and expressly noted for distribution.
2.3 For the purposes of this clause Materials shall include, but are not limited to, the design, layout, look, appearance, graphics and documents on the Website, as well as other content such as articles and other text.
2.4 You may not link to this Website from another website unless you comply with the following guidelines:
• Links must be to the homepage of the Website;
• You may not create a frame or any other border around the Website;
• The site from which you wish to link must comply with all relevant laws and regulations [and must not contain content which may be considered to be distasteful or offensive]; and • you must not imply that we endorse or are associated with any other website, product or service.
3 DISCLAIMER OF CONTENT
3.1 Whilst we have taken all reasonable steps to ensure the accuracy and completeness of the information on this Website, it is provided on an “as is” basis and we give no warranty and make no representation regarding the accuracy or completeness of the content of this Website. Furthermore, no warranty is given that the Website shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.
3.2 Access to and use of this Website is at the user’s own risk and we do not warrant that the use of this Website or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses. You are recommended to take all appropriate safeguards before downloading information or images from the Website.
3.3 The information contained in the Website has not been written to meet your individual requirements and it is your sole responsibility to satisfy yourself prior to ordering any Products from us that they are suitable for your purposes.
3.4 Any advice given on this Website is for guidance purposes only. Any such advice should not be relied upon or used as a substitute for professional advice on your specific requirements.
3.5 Subject to all of clause 3.6 below, we shall not be liable to you for any of the following (whether or not we were advised of, or knew of, the possibility of such losses) whether arising from any claim arising out of or in connection with the use of the Website including without limitation under any tort including negligence, for breach of contract, for misrepresentation (other than fraudulent misrepresentation), intellectual property infringement, under any statute or otherwise:
3.5.1 any indirect, special or consequential losses;
3.5.2 in respect of losses or damages arising out of changes made to the content of this Website by unauthorised third parties;
3.5.3 any loss of business, data, profits, revenue, goodwill, use or anticipated savings; or
3.5.4 loss or damage to your, or any third parties', data or records.
3.6 We do not seek to exclude or limit our liability to you for:
3.6.1 death or personal injury caused by our negligence;
3.6.2 fraud or fraudulent misrepresentation;
3.6.3 any liability arising under the Consumer Protection Act 1987; or
3.6.4 any matter for which it would be illegal for us to exclude, or attempt to exclude our liability.
3.7 Nothing on this Website shall exclude or limit our duties and liabilities under any applicable legislation or any conduct of business rules which we are bound to comply with.
3.8 Except as expressly provided in these Terms and Conditions we exclude all representations, conditions and warranties whether express or implied (by statute or otherwise) to the fullest extent permitted by law.
4 PRICING & PAYMENT
4.1 The prices for Products are inclusive of VAT (where applicable) but exclusive of delivery charges. If a delivery charge applies to your Order this will be notified to you during the transactional element of the ordering process, and again in the order acknowledgement email that we send to you. Prices, Offers and Products are subject to availability and may change at any time prior to our despatching your Order and taking payment from you.
4.1 The placing of a Product on our Website is an invitation to accept offers for Products and is not an offer to sell at the listed price nor is it binding on us. We are under no obligation to accept your Order. Your offer will be deemed accepted on despatch of the item(s).
4.2 Prices are payable in GBP and are liable to change at any time.
4.3 Any payment made to us will be refunded if we do not accept your order.
4.4 Whilst it is our intention to keep the Website up to date and error free, product description or pricing errors may occur. If we discover such an error after you have submitted an order to us, we will contact you prior to accepting your order with the correct details. You may then, either cancel your order or confirm it based on the correct information. If we are unable to contact you, we will treat your order as cancelled.
4.5 All prices shown on our Website are inclusive of VAT unless it is a zero rated item, the VAT breakdown on your purchase will be itemised at the end of the order process. Delivery charges can be found on the delivery charges page on the Website.
4.6 Payment for all Products must be by credit or debit card or Paypal. We accept payment from the following card sources;
• UK Maestro,
• Visa, Delta,
• UK Electron,
• UK Solo,
• JCB and
We shall not acknowledge your Order until we receive authorisation of payment.
4.7 For payment by card, all credit and debit cardholders and bank/building society account holders respectively are subject to validation checks and authorisation. If the issuer of your payment card, refuses to, or does not for any reason authorise or validate the payment, we will not be liable in these circumstances for any delay or non-delivery in respect of the Products which you have ordered as a result.
4.8 By providing the relevant information to us, you specifically authorise us to transmit or to obtain information about you from third parties from time to time, including but not limited to your name, address, telephone number, debit or credit card details or credit reports to authenticate your identity and delivery address for the Products, validate your payment card and obtain authorisations for your payments for Products.
5 ORDER FULFILMENT
5.1 In most circumstances your order will be fulfilled and complete within 10 working days. However, in certain circumstances it may take longer, Cheap Tack Direct expects the maximum length that it would take to complete your order will be within 30 days of the date of the Order Confirmation, unless there are exceptional circumstances. When such exceptional circumstances arise we will contact you and keep you informed of the order progress.
5.2 Please take care when inputting or providing your delivery address details. We cannot be responsible for the cost of orders which are lost or cannot be delivered due to incorrect details.
5.3 Due to flying restrictions, liquids, aerosols and gels cannot be delivered outside the UK and Ireland. Overseas delivery also excludes the sale of saddles.
6.1 Please see our “Postage Costs” sheet for delivery charges.
6.2 We aim to deliver Products to UK addresses, within 2 - 5 working days (subject to a maximum of 30 working days). If we cannot deliver within this time we will inform you in advance and provide you with an alternative date for delivery ("Revised Date"). If you reject the Revised Date your Order will be cancelled and we will make any refund which may be due to you. In no event shall we be liable for any damages or penalty for any delay in delivery.
6.3 All deliveries must be signed for. Before signing the delivery note, please ensure that the number of packages match the driver's paperwork and that the packages are undamaged. You should keep your delivery note and all packaging and should notify our customer services team immediately if any of the packages are missing or damaged.
7 YOUR RIGHT TO CANCEL
7.1 You may cancel your Order for the purchase of Products at any stage before, and up to 28 working days after, the Products are delivered to you by notifying us in writing (which includes email) at our address. It is your responsibility to return the Products to us so that we receive the Products within 28 working days after the date of delivery. If you are cancelling because of any problem with the Products following delivery, please notify us of the problem at the time of cancellation and please refer to section 8 below and our “Returns & Refunds” page.
7.2 If you cancel prior to despatch of the Products we will make a refund to you for the full value of the payment made to us.
7.3 If you cancel your purchase of Products on a "no-fault" basis then you must return the Products to us in accordance with our Returns Policy and you are responsible for the cost of their return to us.
7.4 The Products should be returned to us unworn, in their original condition and packaging.
8 LIABILITY FOR PRODUCTS DELIVERED
8.1 We will be responsible for any losses you suffer as a result of us breaching these Terms and Conditions if the losses were reasonably foreseeable to both you and us when you commenced using the Website, or a contract for the sale of goods by us to you was formed.
8.2 We will not be responsible for:
8.2.1 any business loss including loss of:
•income or revenue;
•profits or contracts;
•wasted expenditure, for example management or office time. Or
8.2.2 any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Website or when a contract for the sale of goods by us to you was formed.
8.3 Notwithstanding clauses 10.1, we do not limit in any way our liability:
8.3.1 For death or personal injury caused by our negligence;
8.3.2 Under section 2(3) of the Consumer Protection Act 1987;
8.3.3 For fraud or fraudulent misrepresentation; or
8.3.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9. SPECIAL OFFERS
9.1 We may from time to time run special offers including free gift giveaways with certain products under terms and conditions published on our website.
9.2 Only one offer allowed per product. As an example; if an order is made on a product that has a free gift give away listed as part of the order and Cheap Tack Direct run a promotion on the particular product, the highest value offer will be honoured. If you would prefer the alternative offer please let us know at the time of purchase.
10. DATA PROTECTION
11.1 All notices given by you to us must be given to Cheap Tack Direct, 1st Floor, 2 Woodberry Grove, London, N12 0DR or by email to email@example.com. We may give notice to you at either the email or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
12.1 You will be subject to the policies and Terms and Conditions in force at the time that you order Products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to Orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we take payment from you and despatch your Order to you (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
13.1 In the event that we fail to meet our high standards of Customer Services please do not hesitate to contact us via email at firstname.lastname@example.org or by post to Cheap Tack Direct, 1st Floor, 2 Woodberry Grove, London, N12 0DR. We aim to acknowledge your communication and to start our investigations within 24 hours following our receipt of it.
14 LAW AND JURISDICTION
14.1 These Terms and Conditions are governed by English law and only the English courts will have exclusive jurisdiction with respect to any dispute arising under or in relation to them.