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Copyright notice
The copyright and other intellectual property rights in this
Web Site and its contents (including design, text, graphics,
software and any other material) are owned by templatetees.
© templatetees 2010-2011. All Rights Reserved.
Anyone is entitled to view this site and to print pages of
this Web Site for the sole purpose of placing an order with
templatetees. Any other use is strictly prohibited
without templatetees’s prior written consent.
Disclaimer
templatetees has taken every precaution in compiling
this Web Site. However neither it nor its employees or other representatives will be liable for
damages (direct or indirect) arising out of or in connection
with the use of the Web Site, except where, as a result of
the negligence of templatetees, its employees
or representatives, death or personal injury is caused, in
which case templatetees’s liability is not limited or
excluded. Nothing in the disclaimer or in the Terms and
Conditions below seeks to exclude or limit any statutory
rights available under the law which cannot be excluded or
limited, including templatetees’s liability to the Buyer
in respect of:
(a) fraud, or fraudulent misrepresentation;
(b) the terms as to title and quiet possession implied by
Section 12 of the Sale of Goods Act 1979 or Section 2 of the
Supply of Goods and Services Act 1982; or
(c) liability for defective products under the Consumer
Protection Act 1987; and/or
(d) the terms as to goods corresponding with their
description implied by Section 13 of the Sale of Goods Act
1979 (as amended) where the Buyer deals as a consumer (as
defined in Section 12 of the Unfair Contract Terms Act
1977).
The Web Site is provided on an "AS IS" basis and templatetees
excludes all warranties or representations of any
kind with respect to this Web Site or its contents to the
fullest extent permitted by law. In particular, templatetees
does not warrant or represent that the information
contained on the Web Site is accurate or up to date.
The contents of this Web Site are designed to comply with
English law. You may be viewing the Web Site in a market in
which we do not commonly sell our goods. templatetees
cannot be held responsible for non-compliance with any local
advertising or other laws in relation to this Web Site or
its contents.
For further information on the terms and conditions that
apply in connection with your use of this Web Site, please
refer to our Terms and Conditions below.
WEBSITE TERMS AND CONDITIONS OF
SALE OF GOODS
DATED May 2008
templatetees
In these conditions, unless the context requires otherwise:
"Buyer" means the company, firm, body or person purchasing
the Goods.
"Goods" means the goods (including any instalment of the
goods) which templatetees will supply in accordance with
these conditions.
" templatetees " means templatetees, 13 Philip Street, Darwen.
"Order" means a purchase order issued by email by the Buyer
to templatetees in respect of the Goods on the order form
set out on the Web Site.
"Web Site" means templatetees s’ Web Site "www.templatetees.co.uk".
1. CONTRACT
1.1 A contract ("Contract") will only come into being upon
acceptance by templatetees of the Order and the following
conditions shall be deemed to be incorporated in the
Contract. The Buyer accepts these terms and conditions by
completing and submitting the Web Site Order form. By
completing the Order Form, the Buyer grants to templatetees the
authority to conduct any credit search which it deems
necessary in order to allow for the acceptance and
fulfilment of all orders received by templatetees. templatetees
reserves the right to refuse to supply any individual or
company.
1.2 The Contract will be subject to these conditions. All
terms and conditions appearing or referred to in the Order
or otherwise stipulated by the Buyer shall have no effect.
Any variation of the Contract must be confirmed in writing
by templatetees. templatetees may revise these terms at any time and
without notice at its sole discretion. Any change will take
effect immediately after posting on the Web Site and will be
deemed to be accepted by Buyers who continue to access the
Web Site. For the avoidance of doubt, any Contract will
remain subject to the version of the terms on the Web Site
at the time the Order is placed and shall not be affected by
any subsequent alterations. Any person ordering from the Web
Site may print and keep a copy of these terms and
conditions.
1.3 templatetees' acceptance of the Order shall be by email
confirming the Goods ordered, the price of the Goods, the
arrangements for payment, the arrangements for delivery and
the packaging and postage charge. The acceptance will be
deemed complete and will be deemed for all purposes to have
been sent to the Buyer at the time templatetees sends the email
to the Buyer
2. PRICES
2.1 The price for the Goods shall be those prices published
on the Web Site when the Order is accepted by templatetees as
confirmed when templatetees accepts the Order in accordance with
clause 1.3 above. These prices are inclusive of VAT, where
applicable.
2.2 templatetees' current delivery charges and anticipated
delivery times are as published on the Web Site and for the
purposes of the Contract shall be that information on the
Web Site at the time when the Order is accepted by templatetees
in accordance with clause 1.3 above.
2.3 templatetees reserves the right to amend the price stated on
the Web Site (or any other typographical, clerical or other
error or omission on the Web Site) at any time. Where there
is a difference between the price of any Goods or delivery
charges at the time the Order is made and the time when the
Order is accepted, then templatetees will inform the Buyer by
email or telephone and confirm whether the Buyer wishes to
proceed with the purchase at the altered price. If the
Buyer elects not to proceed with the purchase then if any
payment has been taken, this shall be re-credited to the
Buyer's credit or debit account.
3. TERMS OF PAYMENT
3.1 Payment of the whole of the price of the Goods must be
received by templatetees before the Goods are despatched to the
Buyer. templatetees accepts payment from most major credit and
debit cards, including Visa, Mastercard, Switch, Maesto and
Delta. Card details are checked and verified by a third
party and the Goods are despatched once authorisation has
been received.
3.2 If templatetees does not have sufficient stock of all or some
of the Goods in the Order, templatetees shall notify the Buyer by
e-mail or telephone, informing the Buyer and if payment has
been taken, templatetees shall credit the Buyer's credit card or
debit card account with the price of the Goods which were
unavailable. templatetees shall use its reasonable endeavours to
credit the Buyer's account as soon as is reasonably
practicable but in any event no later than 30 days from the
date of the transaction. templatetees will not be obliged to
offer any additional compensation for disappointment
suffered.
4. CANCELLATION
4.1 The Buyer may cancel the Contract for any reason in the
period of seven (7) working days after the day of delivery
of the Goods to the Buyer. To cancel the Contract, the Buyer
shall notify templatetees in writing or other durable medium such
as e-mail or fax, but not by telephone of the cancellation
within seven (7) working days after the day of delivery of
the Goods to the Buyer and repackage the relevant Goods in
an unused condition securely and send them to templatetees at the
address below:
Customer Services Department
templatetees , 13 Philip Street, Darwen, Lancashire, BB3
2DJ
email;
sales@templatetees.co.uk
so that templatetees receives the Goods within fourteen working
days after the date of delivery. templatetees recommend that the
Buyer uses a recorded delivery service. The Goods are
returned under this clause at the Buyer's cost and risk.
4.2 Notice of the cancellation by the Buyer shall be deemed
to be delivered at the following times:
4.2.1 if a Buyer sends it by post to the above address
marked for the attention of the Customer Services
Department, templatetees , the day on which it was posted;
or
4.2.2 if a Buyer sends it by facsimile or electronic email
to the above number or address, the day on which it is sent.
4.3 templatetees shall credit the Buyer's credit card or debit
card account with the price of the Goods in relation to a
contract cancelled under clause 4.1 and shall refund the
Buyer's account as soon as is reasonably practicable but in
any event in no later than 30 days, provided that Goods are
returned to templatetees in their original condition, from the
date of receipt of notification of the cancellation. If any
Goods are not returned under clause 4.1, templatetees may arrange
for them to be collected from the Buyer at their residence
and recover from the Buyer templatetees' direct costs of doing
so whether by off-setting the amount from the purchase price
of the Goods or otherwise.
5. NO QUIBBLE REFUND; WARRANTY;
LIMIT OF RESPONSIBILITY
5.1 If the Buyer is not happy with any Goods they may within
14 days of delivery return the Goods in an unused condition
to templatetees by post to the address set out in clause 4.1.
5.2 If the Buyer elects to return the Goods by post in
accordance with clause 5.1 upon safe receipt of such Goods
in their original condition, templatetees shall give the Buyer a
full refund of the purchase price of the Goods (but not the
initial delivery charges levied against the Buyer) paid by
the Buyer. The cost of returning the Goods shall be borne by
the Buyer and the Goods are returned at the Buyer's risk
unless the Goods are defective or were mis-described in
which case the provisions of clause 5.4 shall apply in
relation to delivery costs.
5.3 templatetees warrants that it will either replace the Goods
or refund the full purchase price of any Goods (together
with the initial delivery costs levied against the Buyer in
the case of a re-fund) which are accepted by templatetees as
being defective or faulty or not in accordance with the
Contract within a period of 30 days from despatch of such
Goods from templatetees' works to the Buyer's delivery address
("Warranty Period") provided that the defect or fault does
not arise from fair wear and tear, wilful damage,
negligence, failure to follow templatetees' or the
manufacturer's instructions or through the misuse,
alteration or repair of the Goods without templatetees'
approval. After the Warranty Period,
refunds/exchanges/repairs shall be at the discretion of
templatetees. Your statutory rights are not affected.
5.4 THE BUYER'S REMEDIES IN RESPECT OF ANY CLAIM UNDER THE
FOREGOING EXPRESS WARRANTY OR ANY CONDITION OR WARRANTY
IMPLIED BY LAW OR ANY OTHER CLAIM IN RESPECT OF THE GOODS OR
ANY WORKMANSHIP IN RELATION TO THEM (WHETHER OR NOT
INVOLVING NEGLIGENCE ON THE PART OF templatetees) SHALL, IN ALL
CASES, BE LIMITED TO REPLACEMENT OF THE GOODS OR REFUND OF
THE PURCHASE PRICE AS AFORESAID AND ANY OTHER CONDITION OR
WARRANTY IMPLIED BY LAW SHALL CEASE TO APPLY AFTER THE
EXPIRY OF THE WARRANTY PERIOD. YOUR STATUTORY RIGHTS ARE NOT
AFFECTED.
5.5 EXCEPT IN RESPECT OF DEATH AND PERSONAL INJURY,
templatetees' AGGREGATE LIABILITY TO THE BUYER IN RESPECT OF
BREACH OF CONTRACT, MISREPRESENTATION (BUT NOT FRAUDULENT
MISREPRESENTATION), TORT, NEGLIGENCE, OR ANY OTHER LEGAL
LIABILITY IN RELATION TO THE SALE OF THE GOODS SHALL BE
LIMITED TO THREE TIMES THE PRICE OF THE GOODS PAID BY THE
BUYER.
5.6 templatetees SHALL NOT BE LIABLE TO THE BUYER FOR ANY
INDIRECT, CONSEQUENTIAL OR SPECIAL LOSS OR LOSS OF PROFITS
WHICH ARISES OUT OF OR IN CONNECTION WITH THE SUPPLY OF
GOODS EXCEPT AS EXPRESSLY PROVIDED IN THESE CONDITIONS.
5.7 The Buyer shall inform templatetees by telephone, email or
letter if the wrong Goods or the wrong number of Goods are
sent to the Buyer.
5.8 Any complaints should be sent to;
Customer Services Department
templatetees , 13 Philip Street, Darwen, Lancashire, BB3
2DJ
6. DELIVERY AND COMPLETION DATES
6.1 templatetees shall aim to deliver the Goods within 5 (five)
working days of acceptance of the Order, however time is not
of the essence for delivery or performance. If templatetees is
unable to deliver the Goods within 5 (five) working days
then it shall use reasonable endeavours to inform the Buyer
of this by e-mail and give an amended delivery time.
6.2 templatetees shall not be liable in any circumstances for the
consequences of any delay in delivery or failure to deliver
or perform if the duration of the delay is not substantial,
or if the delay or failure is due to causes beyond templatetees'
reasonable control as set out in clause 8. Please note that
templatetees' entire liability to the Buyer is capped at the
limits set out in clause 5.7 above.
7. DAMAGE, SHORTAGE OR LOSS IN
TRANSIT
Unless the Contract otherwise stipulates, the risk in the
Goods passes to the Buyer when proof of delivery can be
provided by templatetees' nominated carrier.
8. FORCE MAJEURE
In accordance with clause 6.2, templatetees shall not be liable
to the Buyer or be deemed to be in breach of the Contract by
reason of, of any failure to perform or any delays in
performance of, any of templatetees' obligations in relation to
the Goods, if the delay or failure was due to any cause
beyond templatetees' reasonable control.
9. INTELLECTUAL PROPERTY
9.1 All the intellectual property rights in the Goods are
and shall remain the property of templatetees. For the avoidance
of doubt, at no time shall any rights, title or interest in
these intellectual property rights pass to the Buyer.
9.2 templatetees permits the Buyer to electronically copy and
print in hard copy specific portions of the Web Site for the
sole purpose of placing an order with templatetees or using the
Web Site as a shopping resource. Any other use, including
linking to other websites, of the contents of the Web Site
by the Buyer is strictly prohibited by templatetees.
10. GENERAL
10.1 templatetees shall be entitled to assign its rights under
the Contract or transfer its rights and/or obligations
(provided that this shall not reduce any guarantees
available to the Buyer in which case the Buyer's consent
shall be sought) and subcontract any work relating to the
Contract without obtaining the consent of, or giving notice
to, the Buyer.
10.2 Any notice or other communication to be given under
these conditions must be in writing and may be delivered or
sent by prepaid first class letter post or facsimile
transmission or email. Unless expressly stated otherwise in
these conditions, any notice or document shall be deemed
served: if delivered, at the time of delivery; if posted, 48
hours after posting; and if sent by facsimile transmission
or email, at the time of receipt of confirmation of correct
transmission by the sender.
10.3 The invalidity, illegality or unenforceability of any
provision of these conditions in any jurisdiction shall not
affect the enforceability of the remainder of the other
conditions nor shall it affect the validity, lawfulness or
enforceability of that provision in any other jurisdiction.
10.4 No variation of these conditions shall be binding
unless agreed between the authorised representatives of
templatetees and the Buyer and has been confirmed in writing by
these individuals.
10.5 A person who is not party to this agreement shall have
no right under the Contracts (Rights of Third Parties) Act
1999 to enforce any term of this agreement. This clause does
not affect any right or remedy of any person which exists or
is available otherwise than pursuant to that Act.
10.6 The Contract shall be governed by and construed in all
respects in accordance with English law and the parties
hereby submit to the exclusive jurisdiction of the English
courts. The Web Site is designed to comply with English law.
10.7 The Contract and these conditions constitute the entire
agreement and understanding between the parties in respect
of the subject matter of these conditions and the Buyer
acknowledges that it has entered into the Contract in
reliance only upon the representations (save for fraudulent
misrepresentations), warranties and premises specifically
incorporated in the Contract and the conditions.
10.8 The failure of either party to enforce or to exercise
at any time any term of or right arising pursuant to these
conditions shall not be construed as a waiver of such term
or right and shall not affect either party's right later to
enforce or exercise it. Any express waiver of any breach of
those conditions shall not be deemed to be a waiver of any
subsequent breach.
templatetees terms and conditions
Version No 12/May 2008
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