terms and conditions of sale
Last Updated: May 2020
Acceptance of terms
We may update these Customer Terms (and the documents referred to in them) and any aspect of the Service from time to time and will notify such changes to you by uploading details of them on the Site. You should review the Customer Terms periodically for changes. By using the Site, you agree to be bound by these Customer Terms. If you do not agree to these Customer Terms, then please do not use the Services or any part of them.
1. About us
The Services are operated by Telford Tigers Ltd (“We”, “Us”, “Our”). We are registered in England and Wales under company number 11380858 and with our registered office address at 7 Parker Court, Stafford Technology Park, Stafford, United Kingdom, ST18 0WP. Our VAT number is GB308454407.
2. Accessing our Service
Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide through the Site without notice. We will not be liable if for any reason any of the Services are unavailable at any time or for any period.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Customer Terms.
It is your responsibility to ensure that all information (including your name and address) you upload to the Site, is correct and accurate. Ensure that you check all information before making a purchase.
3. Intellectual property rights
We own, or are the licensee to, all right, title and interest in and to the Service, including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from any part of the Service.
You must not extract or otherwise use any of the content on the Site and/or Service for commercial purposes without obtaining a licence to do so from us or our licensors.
We respect the intellectual property rights of others. If you are aware that any of your intellectual property rights have been infringed on the Site, please contact us here to report the concern.
4. Description of telfordtigers.net’s service
Please note that when you decide to purchase goods and/or services the resulting legal contract is between you and Us and such contract shall compromise of these Customer Terms, the email confirmation of your order and the applicable details on the product page and you agree to be bound by all such provisions.
You should carefully review the Customer Terms, the email confirmation of your order and the applicable details on the product page in relation to the order. If there is any conflict or inconsistency between these Customer Terms and the email confirmation of your order or the applicable details on the product page, these Customer Terms shall prevail to the extent of the conflict or inconsistency.
We cannot give any undertaking, that goods and/or services you purchase from Us through the Site will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against Us. Where you order goods and/or services through the Site we may disclose your customer information related to that transaction to the Us
5. Disclaimer of Warranties and limitation of liability
(a) To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the Service.
(b) The Site is provided “as is” and “as available” and we expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties.
(c) Neither we nor our licensors are liable to you or any user for any use or misuse of the Site. Such limitation: (i) includes direct damages, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised of the possibility of such damages); (ii) includes indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised of the possibility of such damages); (iii) applies whether damages arise from use or misuse of and reliance on this Site, from inability to use the Site, or from the interruption, suspension or termination of the Site(including any damages incurred by third parties).
(d) Nothing in these Customer Terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
6. How contracts are formed between you and Us
Each order you place shall be deemed to be an offer by you to purchase the goods and/or services specified within it subject to the Customer Terms and the applicable details on the product page.
No order shall be deemed to be accepted by Us until we issue an email acknowledgement of order. The contract between you and Us will relate only to those goods and/or services notified in the email acknowledgement of order.
7. Payment methods
Purchases for goods and/or services you make with Us may only be paid for using the payment methods we make available from time to time through our payment facility for your purchase of goods and/or services on the Site. In respect of all payment methods, We acknowledge and agree that the valid payment by you to us for the purchase of item(s) between you and Us will satisfy your obligation to pay for the relevant item(s) and consequently, any debt obligations owed by you to Us for the purchase of such items shall be extinguished at that time. You acknowledge that these Customer Terms, and/or any transaction made by you via telfordtigers.net, do not create or imply any partnership, joint venture, or trust relationship between us, you, and any 3rd party. We further agree that We will not seek recourse (legal or otherwise) against you for payment of items if you have validly paid us. All prices shall be shown in the applicable currency and payable in that currency. You accept that some banks may charge you an additional fee for certain transactions. You accept that item prices in the currencies displayed do not vary according to your location; delivery charges will vary depending on the destination to choose to have the item delivered. For delivery destinations within the UK prices include VAT where applicable.
8. Refusal of transaction
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
9. Delivery arrangements
Your shopping basket on the Site displays the goods you have chosen, and details of postage and packing. The delivery costs for each item may vary according to the delivery methods We offer. Any delivery times quoted are in working days.
For most products, you have 7 days to notify us if you want to return or exchange the item and another 7 days to send it back. The return period will expire 7 days from the day on which you receive the products you have ordered. This applies to cancellable goods (there is a guide below to help you see what’s cancellable and what isn’t).
How to cancel your order, or return or exchange a product
Contact us to let us know that you wish to cancel your order, or return or exchange a product:
If already received the item, package the item up and send it back to us within 7 days of letting us know that you want to cancel your order and return the product (we recommend you return in person or use a signed-for delivery service with proof of postage). Please note that you will have to bear any direct cost of returning the product.
As the payment processer, we will process the refund directly to your payment card, in no more than 7 days after the day the product is received by us.
Please do not destroy or throw away any product and where relevant the external packaging, even if it’s faulty, before you’ve spoken to us and agreed that doing so won’t affect any refund you may be entitled to.
Please note that you are liable for any diminished value of the product resulting from the handling of the product in any way other than what is necessary to establish the nature, characteristics and functioning of the product while you are responsible for it (this includes, in the context of a return, when the product is in transit back to us).
If you have any further questions, please get in touch with us.
What you cannot send back
Unfortunately, some items are non-cancellable and non-refundable:
- Anything that is made to your specific requirements (i.e.: outside of standard customisation options offered), is personalised or otherwise cannot be resold due to a bespoke element such as a personalised replica jersey
To avoid disappointment, please check whether an item is cancellable or non-cancellable before ordering.
You may link to our home page on the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Company expressly reserves the right to revoke the right granted in this clause for breach of these Customer Terms and to take any action it deems appropriate.
Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission at any time.
The Site provides links to other websites for your information. If you use these links, you leave the Site. We have not reviewed these third-party websites and we have no control over such sites or resources. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from your use of them including the group gifting application which is provided by a third-party.
12. Uploading material to the Site
Uploaded material must not: (i) be defamatory of any person; (ii) contain material which is obscene, discriminatory, offensive, hateful, threatening or inflammatory; (iii) infringe any copyright, database right or trade mark of any other person; (iv) be likely to deceive any person; (v) promote any illegal activity; (vi) be likely to harass, upset, embarrass, alarm or annoy any other person; or (vii) be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Any material a user uploads to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose a user’s identity to any third party who is claiming that any material posted or uploaded by such user constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by users. We have the right to remove any material or posting a user makes on the Site.
13. Viruses, hacking and other offences
You must not misuse our Site or any part of the Service by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored, or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
If we fail at any time to insist upon strict performance of any of your obligations under these Customer Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Customer Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Customer Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. Entire agreement
These Customer Terms and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements, and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Customer Terms or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Customer Terms and any documents expressly referred to in them.
17. Force majeure
Where we are prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond our or the Seller’s reasonable control including, without limitation, acts of God, international pandemics, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes, or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then our performance of our obligations shall be postponed for the period of time that the circumstances continue.
18. Rights of Third Parties
No provision of these Customer Terms shall be enforceable by any third party (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor of Telford Tigers Ltd) under the Contracts (Rights of Third Parties) Act 1999 or otherwise. Nothing in this clause excludes the rights of Telford Tigers Ltd when acting as commercial agent of any third party.
19. Law and jurisdiction
Contracts for the purchase of goods or services through our Site shall be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England.
20. Feedback and Complaints
General comments about the Site are welcome, please contact us here. Complaints about specific goods or services must be directed to the Us concerned through the contact details provided on the order confirmation email that you receive. If you have made a complaint and have exhausted all of the dispute resolution options available to you through our the Site, the European ‘Online Dispute Resolution Platform’ can be accessed by following the link: http://ec.europa.eu/odr