| Privacy Policy
The terms and conditions
1 Definitions
In this agreement:
“Carrier” means any person or
business contracted by us to carry Goods from us to
you, whether all or part of the distance.
“Our Web Site” means the entire
computing hardware and software installation that is
or supports Our Web Site.
“Goods” means any of the Goods we
offer for sale On Our Web Site
“Content” means information in
any form published on our web site by us or any
third party with our consent.
2 Our contract with
you
2.1 These terms and
conditions apply:
2.1.1 so far as the context
allows, to you as a visitor to Our Web Site; and
2.1.2 in any event to you as a
buyer or prospective buyer of our Goods.
2.2 Goods advertised may not
be available.
We shall accept your
order by e-mail confirmation. Our message will
also confirm details of your purchase and tell you
when we shall despatch your order. That is when our
contract is made. It is possible that the price may
have increased from that posted on our web site.
.1 We may change these terms
from time to time. The terms that apply to you are those
posted here on Our Web Site on the day you order Goods.
1.2 All descriptions,
weights and sizes of Goods are those of the original
manufacturers and you may not rely on their
accuracy. Accordingly, any such description shall
not form part of this Agreement.
1.3 If we do not have the
Goods you order in stock, we will offer you
alternatives before we despatch your order. If this
happens you may:
1.3.1 accept the alternatives we
offer;
1.3.2 cancel your order;
1.3.3 leave the order valid, but
tell us to omit the out-of-stock item.
1.4 If we owe you money (for
this or any other reason), we will credit your
credit or debit card as soon as reasonably
practicable but in any event no later than 30 days
from the date of your order.
1.5 Goods are at your risk
from the moment they are picked up by the Carrier
from our warehouse.
2 Price and Payment
2.1 You must pay us the full
price of your order before we will send any part of
it.
2.2 Banking charges by the
receiving bank on payments to us will be borne by
us. All other charges relating to payment in a
currency other than pounds Sterling will be borne by
you.
2.3 Any details given by us
in relation to exchange rates are approximate only
and may vary from time to time.
2.4 You will pay all sums due
to us under these terms by the means specified
without any set-off, deduction or counterclaim.
3 Information you
give us
3.1 You agree that you have
provided, and will continue to provide accurate, up
to date, and complete information about yourself. We
need this information to provide you with the Goods.
3.2 We will use our
reasonable endeavours to respond to any point of
dissatisfaction by you, provided you contact us
within three months of purchase.
1 Delivery
1.1 Deliveries will be made
by the Carrier to the address stipulated in your
order. You must ensure that someone is present to
accept delivery.
1.2 If we are not able to
deliver your Goods within 30 days of the date of
your order, we shall notify you by e-mail to arrange
another date for delivery.
1.3 We may deliver the goods
in instalments if the goods are not available at the
same time for delivery.
1.4
Any dates and times are approximate and
early or late delivery will not be an
acceptable reason for refusing goods.
1.5
The seller shall determine method, date and
time of delivery. Postponement of delivery
at the buyers request or the failure on the
buyers part to accept delivery then the
buyer shall be liable to pay the seller all
extra expenses.
1.6 The
delivery address should include a house
number and street name along with a full
valid postcode. A telephone number is
required in case the delivery address can
not be found. The Carrier will deliver
between 9am and 5pm Monday to Friday,
someone should be at the delivery address
between these times to accept delivery. If
you know you will not be in, please leave
details of a safe place for the carrier to
leave your order in the further details
section. The goods are left in the location
you specify at your own liability, if the
goods are water damaged or stolen from the
place you specify then Towers and sanders
accepts no responsibility for this loss -
this is at your own risk. If in doubt please
provide a work address to deliver to.
1.7
Towers and sanders can not accept
responsibility for late deliveries caused by
poor address details, difficult access or no
one being available at the delivery address
to receive the goods.
1.8
Next day delivery only applies to products
in stock, orders for products that are out
of stock will be dispatched when stock is
available. Please check stock availability
if you are making a time sensitive order.
All deliveries are made by third party
carrier companies, when stock is available
it will be sent Next Working day carrier (Or
Parcelforce Standard depending on the zone)
but there is no guarantee the carrier will
always achieve this.
1.9
We will not be responsible for any business loss
(including loss of profits, revenue, contracts,
anticipated savings, data, goodwill or wasted
expenditure) or 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.
We shall have no liability to pay
any money to you by way of compensation other than
any refund we make under these conditions.
2 Taxes, duties and
import restrictions
2.1 We have no knowledge of,
and no responsibility for, the laws in your country
of residence.
2.2 You are responsible for
purchasing Goods which you are lawfully able to
import and for the payment of import duties and
taxes of any kind levied in your country of
residence.
3 Goods returned
Because you are buying the Goods
by mail order, you may have a right of
cancellation. If you do, (and only if you do), these
are the terms which apply:
3.1 You must tell us you wish
to cancel within 7 days of your receipt of the
Goods;
3.2 In any event, you may not
cancel orders for food or other perishable Goods,
nor for handmade, specially commissioned or
personalised goods;
3.3 The Goods must be
returned to us within 21 days of your telling us you
wish to cancel:
3.3.1 with both goods and all
packaging in their original condition;
3.3.2 securely wrapped;
3.3.3 including our delivery slip;
3.3.4 at your risk and cost.
3.4 After we have received
the Goods, we will credit your credit or debit card
with the full purchase price of the goods returned
no later than 30 days from the date of receipt;
3.5 If you do not return the
Goods to us, you are still liable to us for the
cost.
3.6 We are under no
obligation to collect or recover Goods from you, but
if we do, our costs will be payable by you.
1
Disclaimers
1.1 We or our Content
suppliers may make improvements or changes to Our
Web Site, the Content, or to any of the Goods, at
any time and without advance notice.
1.2 You are advised that
Content may include technical inaccuracies or
typographical errors.
1.3 We give no warranty and
make no representation, express or implied, as to:
1.3.1 the adequacy or
appropriateness of the Goods for your purpose.
1.3.2 the truth of any information
given on Our Web Site;
1.3.3 any implied warranty or
condition as to merchantability or fitness of the
Goods and Services for a particular purpose;
1.3.4 compatibility of Our Web
Site with your equipment software or
telecommunications connection.
1.3.5 compliance with any law;
1.3.6 non-infringement of any
right.
1.4 Our Web Site contains
links to other Internet web sites. We have neither
power nor control over any such web site. You
acknowledge and agree that we shall not be liable in
any way for the Content of any such linked web site,
nor for any loss or damage arising from your use of
any such web site.
1.5 We are not liable in any
circumstances for special, indirect or consequential
loss or any damages whatsoever resulting from loss
of use, loss of data or loss of revenues or profits,
whether in an action of contract, negligence or
otherwise, arising out of or in connection with your
use of Our Web Site or the purchase of Goods.
1.6 In any claim against us
our liability is limited to the value of the goods
you have purchased in the contract which is the
subject of the dispute.
2 Content and
Intellectual Property Rights
2.1 Title, ownership rights,
and intellectual property rights in the Content
whether provided by us or by any other Content
provider shall remain the sole property of us and /
or the other Content provider. We will strongly
protect its rights in all countries.
2.2 You may not copy, modify,
publish, transmit, transfer or sell, reproduce,
create derivative works from, distribute, perform,
display, or in any way exploit any of the Content,
in whole or in part, except as is expressly
permitted in this agreement.
You may download or
copy the Content only for your own personal use,
1.1provided that you maintain all
copyright and other notices contained in such
Content. You may not store electronically any
significant portion of any Content.
2 System
Security
2.1 You agree that you will
not, and will not allow any other person to, violate
or attempt to violate any aspect of the security of
the Installation;
2.2 you agree that you will
in no way modify, reverse engineer, disassemble,
decompile, copy, or cause damage or unintended
effect to any portion of Our Web Site, or any
software used on Our Web Site, and that you will not
permit any other person to do so.
2.3 You understand that any
such violation is unlawful in many jurisdictions and
that any contravention of law may result in criminal
prosecution.
2.4 Examples of violations
are:
2.4.1 accessing data unlawfully or
without consent;
2.4.2 attempting to probe, scan or
test the vulnerability of a system or network or to
breach security or authentication measures;
2.4.3 attempting to interfere with
service to any user, host or network, including,
without limitation, via means of overloading,
"flooding", "mail bombing" or "crashing";
2.4.4 forging any TCP/IP packet
header or any part of the header information in any
e-mail or newsgroup posting;
2.4.5 taking any action in order
to obtain Goods to which you are not entitled.
2.5 You agree to indemnify us
against any claim or demand, including reasonable
lawyers’ fees, made by any third party due to or
arising out of:
2.5.1 any violation of system
security as set out above;
2.5.2 your use of Our Web Site;
2.5.3 any other breach or
violation of this agreement by you;
2.5.4 the infringement by you, or
by any other user of your computer, of any
intellectual property or other right of any person
or entity, or as a result of any threatening,
libellous, obscene, harassing or offensive material
contained in any of your communications.
3
Indemnity
You agree to indemnify us against
any claim or demand, including reasonable lawyers’
fees, made by any third party due to or arising in
any way out of your use of Our Web Site, or the
infringement by you, or by any other person using
your computer, of any intellectual property or other
right of any person.
1 Contractual
Limitation
Where we provide Goods without
specific charge, then it (or they) is deemed to
be provided free of charge, and not to be
associated with any other service for which a
charge is made. Accordingly, there is no
contractual nor other obligation upon us in
respect of any such goods.
2 Rights of
third parties
Nothing in this agreement or
on our web site shall confer on any third party
any benefit under the provisions of the
Contracts (Rights of Third Parties) Act 1999.
3 Severability
If any of these terms is at
any time held by any jurisdiction to be void,
invalid or unenforceable, then it shall be
treated as changed or reduced, only to the
extent minimally necessary to bring it within
the laws of that jurisdiction and to prevent it
from being void and it shall be binding in that
changed or reduced form. Subject to that, each
provision shall be interpreted as severable and
shall not in any way affect any other of these
terms.
4 No Waiver
No waiver by us, in exercising
any right, power or provision hereunder shall
operate as a waiver of any other right or of
that same right at a future time; nor shall any
delay in exercise of any power or right be
interpreted as a waiver.
5
Dispute Resolution
In the event of a dispute
arising out of or in connection with these terms
or any contract between you and us, then you
agree to attempt to settle the dispute by
engaging in good faith with us in a process of
mediation before commencing arbitration or
litigation.
6
Force majeure
We are not liable for any
breach of our obligations resulting from causes
beyond our reasonable control including strikes
of our own employees.
7 Governing Law
This Agreement shall be governed
by and construed in accordance with the law of
England. This agreement shall not be governed by the
United Nations
Convention on Contracts for the International Sale
of Goods, the application of which is hereby
expressly excluded.
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