Terms and Conditions for www.ticktwister.co.uk
Please read all of these terms and conditions carefully. If you continue to use this Site, you are agreeing to comply with and be bound by them. If you disagree with any part of these terms, please do not use this Site.
The terms ‘www.ticktwister.co.uk’, ‘ticktwister.co.uk’, ‘us’ or ‘we’ refers to the owner of the Site. The term ‘you’ refers to the user or viewer of this website.
J.A.K Marketing Limited
www.ticktwister.co.uk is a Site operated by J.A.K Marketing Limited.
J.A.K Marketing Limited is a company registered in England under company number 4316591 and our VAT number is GB 585296395. Our registered office is Purfect House, 17 – 23 Dale Road, Sheriff Hutton, York YO60 6RZ.
The content on www.ticktwister.co.uk is for general information and use only. All information is correct to the best of our knowledge and has been published in good faith. We will do our best to ensure that it is accurate. However, occasionally, it may be incorrect, incomplete or out of date due to human error or circumstances beyond our control. Content is also subject to change without notice.
Any reviews or opinions on our website are for information purposes only and should not be construed as recommendations or advice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Site for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or error to the fullest extent permitted by law.
Your use of any information or materials on this Site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Site meet your specific requirements.
This Site contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance or graphics. Reproduction is prohibited.
All trademarks reproduced on this Site, which are not the property or licensed to the Site owner, are acknowledged on the Site.
We cookies for a range of reasons across our Site so that we may gather information about your visits in order to improve our website. If you do allow cookies to be used, the following personal information may be stored by us: your preferences, record session information e.g. shopping cart content, information on pages you have visited.
Some pages use third party services or software, many of these services may set cookies in your browser.
Third Party Websites
From time to time, this Site may also include links to third party websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We do not control the content or links that appear on these websites and are not responsible for the practices employed by websites linked to or from our Site. They are not screened for privacy or security issues by us, and you release us from any liability for the conduct of these third party websites. These websites or services, including their content and links, may be constantly changing. These websites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.
Accessing the Site
We do not guarantee uninterrupted and/or reliable access to the Site and make no guarantees as to its operation, functionality or otherwise. We may suspend, withdraw or change any part of the Site without notice. We will not be liable to you if the Site is unavailable at any time.
We will try to ensure that our Site is free of viruses and malware. Due to the inherent risks linked with using the internet we cannot guarantee this. It is your responsibility to protect your computer against viruses, and configure your IT in order to access the Site. You should use your own virus protection software.
This explains what happens to any personal data that you provide to us or that we collect from you whilst you visit our Site. By using our Site you consent to the collection, retention and use of your personal information in accordance with the terms of this policy.
We collect your IP address, information from the registration form or information you provide voluntarily to help diagnose website issues, administer and improve the Site in addition to gathering broad demographic information.
We use the information you provide in the registration and query forms to send you information about the company, our products and services. You may opt out of receiving future mailings, email newsletters or any other form of communication by choosing to unsubscribe. You may prevent your information from being used for purposes other than those for which it was originally collected, by writing to us at the above address. If you have previously purchased goods or services from us we may provide to you details of similar goods or services, or other goods or services that you may be interested in.
This Site may contain links to other websites. Where we provide a link it does not mean that we endorse or approve the website’s policy towards visitor privacy. We also cannot guarantee or verify the contents of any externally linked website despite our best efforts.
We employ security measures to protect your information from access by unauthorised persons and against unlawful processing, accidental loss, destruction or damage. Unfortunately, the transmission of information via the internet is never completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your personal or other data transmitted to our website. Any transmission is at your own risk.
Your personal information is kept private and stored securely until a time it is no longer required or has no use, as detailed in the Data Protection Act 1998. In accordance with the Data Protection Act 1998 you have the right to access any information that we hold relating to you. Please note that we reserve the right to charge a fee of £10 to cover costs incurred by us in providing you with information.
Other Applicable Terms and Conditions
Additional terms and conditions may apply when you buy products from www.ticktwister.co.uk or post something to our Site.
Unauthorised use of this Site may give rise to a claim for damages and/or be a criminal offence. Your use of this Site and any dispute arising out of such use of this website is subject to the laws of England, Northern Ireland, Scotland and Wales.
This document was last updated 31 July 2015.
Terms and Conditions of Sale
- Interpretation In these Terms and Conditions (Terms), the following words and phrases shall have the following meanings: 1.1 ‘the Buyer’ means the person, firm or company who purchases the Goods from the Seller; 1.2 ‘the Seller’ means J.A.K Marketing Limited; 1.3 ‘Contract’ means the contract between the Seller and the Buyer which shall be deemed to incorporate these Terms; 1.4 ‘Goods’ means any goods agreed in the Contract to be supplied by the Seller to the Buyer; 1.5 ‘Place of Delivery’ means the place to which the Goods are to be delivered.
In these Terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time.
These Terms shall apply instead of any contradictory or inconsistent part of our website.
- The Contract 2.1 The Contract shall be on these Terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the Buyer. 2.2 No terms and conditions contained in the confirmation of order, purchase order or other document of the Buyer will form part of the Contract. 2.3 The Seller is not obliged to accept the Buyer’s order.
- Goods 3.1 The Seller reserves the right to alter the specification of any Goods and to withdraw any Goods from sale without notice, unless specified within a separate contract / Agreement with the Seller. 3.2 All goods are offered subject to stocks and availability. If for any reason they are no longer available the Seller will try to offer an alternative product, otherwise the Seller reserves the right to cancel the contract. 3.3 Unless specifically agreed and approved in writing by the Seller, the Buyer or Buyer’s customer shall not remove, deface or replace any sign, marking or logo upon the Goods when offering them for resale. 3.4 A quotation for Goods by the Seller shall not constitute an offer and there shall be no binding Contract until the Seller has accepted and fulfilled the order. 3.5 The Seller is willing to offer advice in the selection of Goods, but final selection, suitability and correct usage is the total responsibility of the Buyer.
- Delivery 4.1 Unless otherwise agreed in writing, the Place of Delivery shall be the Buyer’s premises and the Buyer shall take all reasonable steps to accept delivery of the Goods. 4.2 Any dates specified by the Seller for delivery of the Goods are intended to be an estimate only. If no date is specified for delivery of the Goods, delivery shall be within a reasonable time. Any Goods not available at the time of the Buyer’s order will be sent to the Buyer, as soon as possible, when received from the manufacturer. 4.3 Subject to the other provisions of these Terms, the Seller shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the Goods nor will any delay entitle the Buyer to terminate or rescind the Contract unless the delay exceeds 60 days. 4.4 Notification of Goods received damaged or incomplete must be made to the Seller within 24 hours of delivery. 4.5 Notification of non-delivery must be made within 7 days of invoice. 4.6 If the Buyer gives the Seller an incorrect or incomplete delivery address and as a result attempts but is not able to make the delivery, the Seller may treat the order as cancelled by the Buyer. In this case, the Seller will refund the price of the goods but shall be entitled to keep the amount the Buyer paid for delivery.
- Right of Cancellation under the Consumer Contracts Regulations 2013 5.1 Under the Consumer Contracts Regulations 2013, the Buyer may cancel a contract within seven days – starting from the day after the Buyer takes delivery of the goods. The Buyer has the right to cancel for any reason without penalty. 5.2 If the Buyer wishes to cancel a contract, please write, fax or email to the Seller within the seven days, stating the Buyer’s full details, invoice number and cancellation instructions. 5.3 If the Buyer cancels a contract, the Buyer has a legal “duty of care” to take good care of the goods. The Buyer must return the goods to the Seller at their own expense. 5.4 If the Buyer cancels the contract and does not return the goods as required, the Seller may charge the Buyer for the costs of recovering the goods.
- Risk in and Ownership of the Goods 6.1 Risk in the Goods shall pass to the Buyer on delivery. 6.2 Ownership in the Goods shall not pass to the Buyer until the Seller has received, in full, in cleared funds, all sums due to the Seller in respect of the Goods and all other sums which are or may become due to the Seller from the Buyer on any account. 6.3 Products dispatched direct to a third party on instructions from the Buyer are deemed to have passed through the Buyer. 6.4 Until ownership of the Goods has passed to the Buyer, the Buyer shall: 6.4.1 hold the Goods on a fiduciary basis as the Seller’s bailee; 6.4.2 store the Goods separately from all other goods of the Buyer or any third party in such a way that they remain identifiable as the Seller’s property; 6.4.3 not destroy or deface any identifying mark on the Goods or their packaging; 6.4.4 maintain the Goods in satisfactory condition insured with the Seller’s interest noted on the policy and hold any proceeds of such insurance on trust for the Seller and not mix them with any other money.
- Price 7.1 The price for the Goods shall, unless otherwise agreed, be the price set out on the invoice. 7.2 The price for the Goods shall be exclusive of all costs of carriage and insurance and applicable VAT which the Buyer shall pay in addition. 7.3 The Buyer shall pay such deposit as the Seller shall direct.
- Payment 8.1 Subject to paragraph 5, payment of the price of the Goods shall be due on the last day of the month following the month in that the Seller’s invoice for the Goods is dated or as specified within a separate contract with the Seller. 8.2 Payment shall not be deemed to have taken place until the receipt by the Seller of cleared funds. 8.3 The Seller will exercise its statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if it is not paid according to these Terms.
- Returns 9.1 If the Buyer or the Buyer’s customer is dissatisfied with the Goods, but the Goods are not defective within the meaning of the Sale of Goods Act 1979 (amended), the Seller reserves the right to refuse return of the Goods. 9.2 If the Seller agrees to the return of the Goods: 9.2.1 The Buyer must request a returns form from the Seller; 9.2.2 Goods returned for credit must be sent, at the Buyer’s expense, to the Seller, accompanied by the returns form detailing the reason for return together with the invoice number against which they were supplied; 9.2.3 Goods will only be considered for credit if returned to the Seller in a saleable condition, complete with packaging, within 14 days of the invoice date against which they were supplied; 9.2.4 A 15% restocking charge will be levied on all items returned which have been correctly supplied by the Seller; 9.2.5 Non-stock items specially obtained or manufactured by the Seller for the Buyer will not be accepted back for credit or replacement; 9.2.6 Responsibility for Goods in transit remains with the sender at all times; 9.2.7 The Seller will not accept responsibility for Goods returned until received in the Seller’s premises.
- Warranties 10.1 The Seller warrants that the Goods are of satisfactory quality. 10.2 If the Buyer wishes to make a claim under this warranty, the Buyer shall give written notice to the Seller upon the discovery of the defect and give the Seller a reasonable opportunity to inspect the Goods in question. 10.3 The Seller shall not be liable for any breach of warranty if the Buyer makes any further use of the Goods after giving such notice or alters or repairs the Goods without the agreement of the Seller. 10.4 The Seller’s liability under the warranty shall be limited to repairing or replacing the Goods in question or refunding the price of such Goods, as the Seller deems appropriate.
- WEEE Compliance 11.1 The B2B end user is responsible for all liabilities regarding the environmentally sound disposal of supplied EEE when it is discarded as WEEE. 11.2 The producer may, for commercial reasons only, offer a takeback option when a B2B end user is purchasing a new product, however this will be decided on a case by case basis and may incur a charge. 11.3 For local environmental sound disposal please contact firstname.lastname@example.org or 0845 257 7024 for a free no obligation quote for the removal of WEEE items from a B2B end user.
- Limitation of Liability 12.1 The Seller’s liability in contract, tort or otherwise arising out of the subject matter of the Contract shall not exceed the total value of the Goods delivered under the Terms and the Seller shall under no circumstances be liable to the Buyer for any consequential, indirect or economic loss or damages.
- Force Majeure 13.1 If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, fire, industrial disputes or civil commotion, it shall notify the other and the first party’s obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.
- General 14.1 If any part of these Terms is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms which will otherwise remain in full force and effect. 14.2 These Terms shall be governed by and interpreted according to English Law and the parties submit to the exclusive jurisdiction of the English Courts. 14.3 These Terms do not affect the Buyer’s statutory rights. 14.4 Images of goods on this website are for illustrative purposes only and may differ slightly from the actual goods. 14.5 Although all the information found on our website is true and accurate to the best of our knowledge, it should not be taken as fact.
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