Terms and Conditions:
1. ACCEPTANCE OF ORDERS
o 1.1 These Terms and Conditions shall apply to all orders for goods received by The TC Group Ltd 'the Company' for supply in the United Kingdom. No other conditions whether or not inconsistent with these Terms and Conditions shall apply.
o 1.2 Each order for goods will be deemed to be an offer by the customer to purchase the goods upon these Terms and Conditions (the 'Order'). A contract shall not be formed until the customer's order is accepted in writing by the Company (the 'Contract').
o 1.3 All Contracts are subject to these Terms and Conditions. No variation of these Terms and Conditions will be accepted by the Company unless previously agreed in writing. The Company reserves the right to refuse any Order without providing a reason.
o 1.4 Goods are subject to availability, in the event that we are unable to supply the goods, we will inform you of this as soon as possible. An alternative will be offered or a full refund will be given where payment has already been received by the Company for those Goods.
· 2. CUSTOMER'S AUTHORITY
o Customers entering into transactions with the Company expressly warrant that they are authorised to accept and are accepting these Terms and Conditions not only for themselves but also as agents for and on behalf of all other persons who are, or may become, interested in the Company's goods, whether in whole or part.
· 3. DETAILS AND SPECIFICATIONS
o Details and specifications of goods will be as set out in the Company's current brochure. The Company reserves the right to alter specifications of any given product and to withdraw any item without explanation or notification. Current specifications can be confirmed with the Company by telephone.
· 4. PRICES
o The price for the goods will be the price set out in the Company's current brochure or website, the Company reserves the right to change any price without notice. Costs of packaging and carriage and any applicable sales tax or duty will be added to the price where relevant. All prices quoted are subject to VAT at the prevailing standard rate. Any organisations that are exempt from VAT must provide a validated certificate at the time of ordering. Where goods are being exported within the EU, a valid VAT number must be provided otherwise VAT will be charged. Whilst every effort is made to ensure the accuracy of the prices maintained on the TC Group Webshop, we expressly reserve the right to change the price having regard to any increase in our suppliers' prices, the imposition of new taxes or duties, or if due to an error or omission the price published for the products on TC Group Webshop is wrong. We will normally notify you of any increase in the total amount payable by you and will give you an opportunity to cancel the order. If the products have already been delivered you may return the products at your own risk and receive a full refund for them and any reasonable charges incurred in returning the products to us. We are under no obligation to provide the products to you at the incorrect (lower) price, even after we have sent you the Dispatch Confirmation, if the price error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing. If we do not receive authorization we will not deliver your products and will not be liable to you for delay or non-delivery.
· 5. PAYMENT
o 5.1 All payments for goods or services shall be made by the Customer to the Company at the time of placing the order by credit or debit card payment.
o 5.2 The Company may, at its sole discretion, offer the customer credit account facilities.
o 5.3 If any sum payable is not paid when due, that sum will bear interest from the due date until payment is made in full at 2% above HSBC Plc base rate from time to time and the Company will be entitled to suspend delivery of subsequent Orders and any agreed discounts until the outstanding amount has been received.
· 6. CANCELLATION OF ORDERS
Under the Consumer Protection (Distance Selling) Regulations 2000 you have the right to cancel your order within a period of 7 working days. The period of 7 working days begins on the day after the day you receive your goods. You must inform us of your wish to cancel in writing either by letter or email within a period of 7 working days. The period of 7 working days begins on the day after the day you receive your goods. You must take reasonable care of the goods and not use them. You should return goods to us in their original packaging, wherever possible, as soon as possible after informing us of your wish to cancel. If you return goods to us, we will not be responsible for any loss or damage to them during transit and we recommend that you use a recorded or secure delivery method. If goods are lost or damaged in transit, we may charge you, or not refund to you, amounts that are attributable to the loss or damage.
· 7. DELIVERIES AND CARRIAGE
o 7.1 All Orders will be despatched by the most appropriate route. Where a customer suggests an alternative route or places an Order outside the normal schedule, the Company shall have the right to charge the entire cost of delivery, irrespective of the value of the Order.
o 7.2 Deliveries will be made to the reception desk and/or ground floor at the Customer's stated delivery address. Any special delivery requirements or difficulties in delivering (e.g. narrow doorways, stairs, and restricted access) should be made known to the Company at the time of placing the Order and may be subject to additional costs. The Company cannot accept responsibility for any difficulties in delivery as a consequence of information or lack of information supplied by the customer.
o 7.3 The Company will use reasonable endeavours to deliver each of the Customer's Orders for the goods within the time agreed when the Company accepts an Order and, if no time is agreed, then within a reasonable time, but the time of delivery is not of the essence. If, despite those endeavours, the Company is unable for any reason to fulfil any delivery on the specified date, the Company will not be deemed in breach of the Contract, nor (for the avoidance of doubt) will the Company have any liability to the customer for direct, indirect or consequential loss howsoever caused (including as a result of negligence) by any delay or failure in delivery. Any delay in delivery will not entitle the customer to cancel the Order or to receive a refund of any monies paid unless and until the customer has given 14 days' notice to the Company requiring the delivery to be made and the Company has not fulfilled delivery within that period. The customer shall have no other remedy in respect of late delivery.
· 8. RETENTION OF TITLE
o 8.1 All goods supplied by the Company to the customer shall remain the property of the Company until such time as the Company has received payment in full for the goods and of all other moneys due to the Company from the Customer. After delivery of the goods to the Customer or his nominated sub purchaser, the goods shall be at the customer's risk and the customer shall insure those goods against loss or damage. Until such full payment is received the separate identity of those goods shall be maintained by the Customer.
o 8.2 Until such time as title of the goods shall pass to the customer in accordance with the foregoing provision, the Company shall be entitled at any time to repossess the goods whether with or without notice and the Company and its employees or agents shall have the right at any time to enter upon the premises of the Customer for the purpose of effecting such repossession.
· 9. FORCE MAJEURE
o The Company will not be liable to the Customer for any failure or delay in delivery of the goods if it is due to any event beyond the reasonable control of the Company. The Company will be entitled to a reasonable extension of time for performing such obligations and shall not be liable for any loss or damage occasioned to the Customer thereby.
o We shall have no liability to you for any failure to perform, or delay in performance of, any of our obligations under the contract that is caused by any event or circumstances beyond our reasonable control (“Force Majeure Event”).
o A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
a. Strikes, lock-outs or other industrial action.
b. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
d. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
e. Impossibility of the use of public or private telecommunications networks.
f. The acts, decrees, legislation, regulations or restrictions of any government.
o 14.3 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
· 10. WARRANTY AND WARRANTY PERIOD
o 10.1 Goods are supplied according to the descriptions and specifications given in the relevant and current brochures of the Company. The Company gives no warranty and makes no representation as to the suitability of fitness of any goods for any particular purpose unless expressly given or made in such brochures or websites.
o 10.2 In the event that an item is defective within the meaning of the Sale of Goods Act 1979 (as amended from time to time) the Company reserves the right to replace or repair the goods as an alternative to refunding the purchase price, at its absolute discretion.
o 10.3 Claims will not be considered where:
§ 10.3.1 The goods have been improperly altered in any way whatsoever, or been subject to misuse or unauthorised repair;
§ 10.3.2 The goods have been improperly installed or connected;
§ 10.3.3 The goods have been opened, partly used or the seals or labels have been removed or tampered with;
§ 10.3.4 The goods have been damaged by fire, water, smoke or chemicals;
§ 10.3.5 Any maintenance requirements relating to the goods have not been complied with;
§ 10.3.6 The goods have been specifically ordered by the Customer and are not stocked by the Company;
§ 10.3.7 Any instructions as to the storage of the goods have not been complied with in all respects;
§ 10.3.8 the Customer has failed to notify the Company of any visible or suspected defects or damage within 3 days of delivery where the defect or damage should be apparent on reasonable inspection, or within 7 days of the same coming to the knowledge of the Customer where the defect or damage is not one which should be apparent on reasonable inspection.
10.4 Any returned goods must be accompanied by a returns note, which the Company will supply to the Customer upon request. Failure to do so will render any claim for credit null and void. Any credit will only be raised after satisfactorily passing inspection by the Company's distribution centre.
10.5 The complete packaging should be retained if pilfering is suspected or if a breakage has occurred. If pilfering is suspected the Company and the carriers should be notified immediately. Claims cannot be considered unless these conditions are observed.
10.6 Except as set out in this condition 10, the Company hereby excludes to the fullest extent permissible in law, all conditions, warranties and stipulations, express (other than those set out in the Contract) or implied, statutory, customary or otherwise which, but for such exclusion, would or might subsist favour of the Customer.
11. CARRIAGE CHARGES
11.1 Any orders that are not to mainland UK may incur additional costs. These will be advised to the Customer prior to the Order being despatched.
11.2 Goods shipped direct from suppliers may be subject to additional carriage charges. Any additional charges will be advised prior to the Order being despatched to the Customer.
12. NON-DELIVERY
In the event of non-arrival of goods, Customers must inform the Company within 14 days of the date of the invoice or advice of despatch, otherwise no claim can be considered.
13. NON FAULTY RETURNED GOODS
13.1 Goods are not supplied on a sale or return basis. If any Goods are returned, the Goods must be unused and in original packaging and fit for resale. Returns will only be accepted with prior written permission of the Company. This must be obtained within 3 working days of date of despatch.
§ 13.1.1 In the event of Customer not being entirely satisfied with any goods received, notification must be made in accordance with condition 10. Failure to do so will result in credit/refunds not being issued.
§ 13.1.2 Items made to Customer's own specification or have been specifically ordered will not be accepted for return unless faulty in accordance with condition 10. Unless agreed with supplier such returns are subject to any charges and transit costs imposed by suppliers.
§ 13.1.3 The Company accepts no responsibility for goods lost during transit.
§ 13.1.4 No replacements are available whilst goods are exchanged, replaced or repaired.
§ 13.1.5 Goods will not be acceptable for return if they have been relabelled or used in any way, or if any tamper evident seals have been broken. A returns note in accordance with condition 10.4 needs to be provided by the customer in connection with all returns of non-faulty goods.
13.2 Credits will normally be allowed on authorised returns as follows:
§ 13.2.1 Goods authorised for return within 3 working days of despatch - 100% allowance.
§ 13.2.2 Any other goods - no allowance.
§ 13.2.3 Customers outside of the UK, 3 day rule applies from date of receipt not despatch.
13.3 Non faulty goods accepted at the Company's discretion for credit will be subject to a handling charge at a rate of 25% on net invoice value or a minimum of handling charge of £15.00.
14. LIABILITY OF THE COMPANY
14.1 The Company's entire liability under these Terms and Conditions and any Contract is as set out in conditions 7 and 10. The Company will be under no liability to the Customer whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in connection with:
§ 14.1.1 Any of the goods, or the manufacture or sale or supply, or failure or delay in supply, of the goods by the Company or on the part of the Company's employees, agents or sub-contractors;
§ 14.1.2 Any breach by the Company of any of the express or implied terms of the contract with the Customer;
§ 14.1.3 Any use made or resale by the Customer of any of the goods, or of any product incorporating any of the goods; or
§ 14.1.4 Any statement made or not made, or advice given or not given, by or on behalf of the Company or otherwise under a Contract and these Terms and Conditions.
14.2 The Company does not exclude its liability (if any) to the Customer:
§ 14.2.1 for breach of the Company's obligations arising under section 12 Sale of Goods Act 1979 or section 2 Sale and Supply of Goods and Services Act 1982;
§ 14.2.2 for personal injury or death resulting from the Company's negligence;
§ 14.2.3 under section 2(3) Consumer Protection Act 1987;
§ 14.2.4 For any matter which it would be illegal for the Company to exclude (or to attempt to exclude) its liability; or:
§ 14.2.5 for fraud.
15. PROPER LAW
These Terms and Condition and any Contract shall be governed by & construed according to the law of England and the Customer submits to the jurisdiction of the English courts. These Terms and Conditions will prevail over any conditions that shall be issued by the customer. Customers should not rely on any representations made by staff of the Company as they do not form part of the Contract or collateral contract.
16. CUSTOMERS DEALING AS CONSUMERS
Where a Customer 'deals as a consumer' as defined in Section 12(1) of the Unfair Contract Terms Act 1977 (as amended) these Terms and Conditions are subject to the Consumer's statutory rights, including but not limited to the Consumer Protection (Distance Selling) Regulations 2000. The Company shall in no way be entitled to exclude or limit such statutory rights.
17. CONSUMER RIGHTS
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- 17.1 If you are contracting as a consumer you may cancel a contract at any time within seven working days, beginning on the day after you receive the products. In this case, you will receive a full refund of the price paid for the products.
- 17.2 To cancel a contract, you must inform us in writing and return the products to us immediately, in the same condition in which you received them, and at your own cost and risk.
- 17.3 You will not have the right to cancel a contract for the supply of any products which have been personalised to your specification or in the case of audio or video recordings or computer software if you have unsealed them.
- 17.4 Conditions 17.1 to 17.3 do not affect your statutory rights
18. COMPANY DETAILS
Trading as: The TC Group Ltd, Unit 13, Jubilee Estate, Foundry Lane, Horsham, West Sussex, RH13 5UE.
VAT Number: GB 735 4845 13
