Effective Date: 08/08/2017 (Version 1.1)
These terms and conditions apply when you visit us and our website or when you buy any goods from us and our website. Please read them carefully as they contain important information.
This site is owned and operated by Terrific Promotional Merchandise Ltd. Registered Office: Wellington House, 90-92 Butt Road, Colchester, Essex, CO3 3DA.
We may change these terms and conditions at any time by posting a new version on our site and/or by emailing them to you. Please check them carefully as they will apply to any recurring deliveries or new orders occurring after the effective date shown.
1. THE CONTRACT BETWEEN US
1.1 We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
2. OWNERSHIP OF RIGHTS
2.1 All rights, including copyright, in this website are owned by or licensed to Terrific Promotional Merchandise Ltd. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
3. ACCURACY OF CONTENT
3.1 We have taken reasonable care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described. We have made reasonable efforts to display the appearance of our goods as accurately as possible. The labelling or packaging of the goods you receive may differ from the images of these which you see on our site.
3.2 Orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.
4. DAMAGE TO YOUR COMPUTER
4.1 We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
5.1 All orders are subject to acceptance and availability. We are not obliged to supply any goods which are unavailable (notwithstanding that we have accepted your offer). If any goods are unavailable, we will notify you by e-mail or phone (if you have given us details) of the unavailability as soon as possible. You will have the option either to wait until the item is available or to cancel your order. If you cancel your order, we will arrange a credit if you have been charged.
6. ORDERING ERRORS
6.1 Orders can be modified/cancelled until the emailed art proof is accepted and approved by you. Once you have approved the artwork proof, we automatically add your order to our production queue. No cancellations will be accepted and no refunds will be given.
7.1 The VAT exclusive prices for goods that you order are as set out in our website.
7.2 We do everything we can to ensure that the prices on our website are correct at the time of entering information, and we try to keep our prices constant.
7.3 Sometimes we need to change the cost of a product, either up or down. Prices may be changed at any time without further notice. We reserve the right to change our product's prices at any time without further notice. However, if you have ordered but not yet paid for a product, we guarantee the price for one month from when the order was placed.
7.4 Prices listed in any other websites may not be accepted. We may sell our products through a number of different online channels and we cannot always control when they are updated. We reserve the right not to accept a price listed on a site other than our own.
7.5 Wherever it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, offer to sell you the goods of the specification and description at the price stated in the email and will state the period for which the offer or the price remains valid.
8. PAYMENT TERMS
8.1 We will take your full payment when we accept your order unless delivery cannot be fulfilled within the standard delivery time 21 days. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you then we can cancel the contract and or suspend any further deliveries to you. This does not affect any other rights we may have.
8.2 You authorise us and our third party payment provider to take payment and/or to charge your payment card for the relevant amounts and at the relevant times. Acceptance of your order is subject to our being able to charge your payment card. It is your responsibility to update your payment card details as necessary.
9. DISCOUNT CODES AND CREDITS
9.1 We may offer discount codes from time to time. All discount codes refer to the VAT exclusive price excluding delivery charges (if applicable). Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online, (2) cannot be used retrospectively and (3) can only be redeemed once per customer and (4) cannot be redeemed against products sold in the Marketplace. Also you cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
9.2 We may allocate credit to your account in certain circumstances, e.g. when you sign up, refer a friend or as a marketing incentive. Credits cannot be exchanged for cash and are non-transferable. Credits expire after the time periods specified in the FAQs on our website as at the time the credit is allocated save that any credit will automatically expire if we close any account which has been inactive for more than 6 months.
9.3 Refer-a-friend credits only apply if the referred user is a third party who has been genuinely referred by you on an arm's length basis and if the delivery address is to a different address to that of the referrer.
10. DELIVERY CHARGES
10.1 The following only applies if we charge for delivery: Delivery costs are charged extra at the rate shown on our site at the time you place your order. These will depend on the delivery method chosen. NB Our charges do not include customs or import duties which may be applied to your order by the relevant authorities. We have no control of these and it is your separate responsibility to pay for them. We recommend that you check with your local customs office in advance.
11.1 We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence).
11.2 Unless otherwise stated, delivery dates given on our website are estimates only. We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time. If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to contact the delivery company to arrange re-delivery. If nobody is available to receive the goods, we will use reasonable endeavours to follow any special delivery instructions you have provided. If you are a Consumer, we have no liability for any losses arising from delay in delivery to the extent that this is due to circumstances beyond our reasonable control and where we could not have taken reasonable steps to deal with the delay. If you are not a Consumer, we have no liability for any losses arising from delay in delivery.
11.3 We may deliver different parts of your order on different dates.
12. RISK AND OWNERSHIP
12.1 You will become the owner of the goods you have ordered once they have been successfully delivered. Risk of damage to or loss of the goods passes to you at the time of delivery to you, or if you fail to take delivery at the agreed time, the time when we tried to deliver.
13. ACKNOWLEDGEMENT AND ACCEPTANCE OF YOUR ORDER
13.1 Your order is an offer to buy from us on a one-off or recurring delivery basis.
13.2 You place your order by using the ordering process on our site.
13.3 During provisional order submission you shall be required to provide us with your personal details, including your e-mail address, accurate postcode, together with those of the intended recipient and all necessary order details. It is your responsibility to ensure that your order and all information provided to us is complete and accurate. Upon receipt of your provisional order form, we will notify you by e-mail as soon as possible to confirm the receipt of your provisional order form, and e-mail you again confirming order details, costs and provisional or proforma invoice. An acceptance of your order will take place on the receipt of full payment from you against the provisional or proforma invoice issued by us. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. We accept payment by most major credit and debit cards.
13.4 By clicking the ''Submit'' button on the order form, you are consenting to be bound by our terms and conditions contained in these Terms and Conditions and appearing anywhere on the Online site.
13.5 Submitting your Order Form is subject to our acceptance of this offer and we will not consider ourselves bound by a contract with you unless we have received full payment from you against the proforma invoice issued by us. This is not the first two emails sent on confirmation of your provisional order and order details.
13.6 The default method of communication for all correspondence from us will be over email, using the email provided on your account. In certain circumstances we may need to contact you over phone instead.
13.7 We cannot accept Order Forms from customers under the age of eighteen (18) years. By placing an order, you are confirming that you are 18 years of age or older and we cannot sell age-restricted products to anyone under the age of 18 and you will be asked to confirm your age before purchasing such products.
14. CANCELLATION RIGHTS
14.1 Under the Distance Selling Regulations where you have ordered goods which do not require any bespoke tailoring or modification to your exact requirements, you have the legal right to cancel any order placed (whether or not confirmed) at any time within 7 working days beginning with the day after the day on which you receive the goods or after we accept the order for the services (whichever is the earlier) and receive a refund of the price or any part thereof paid. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. However, you will need to notify us if you wish to cancel your contract.
14. 2 Under the Distance Selling Regulations there are some goods you can't return if you simply change your mind, including tailor-made or personalised goods.
14.2.1 Where you have ordered goods which will be tailored to your exact requirements; such as made to order badges, keyrings, embroidered badges, lanyards, wristbands, medals and coins or otherwise modified to your requirements, you may cancel any order placed (whether or not confirmed) at any time up to the point of approving the artwork proof we email you before we go to production. Any sum debited to us from your credit card will be re-credited to your account as soon as possible.
14.2.2 If you have received the goods with the exception of any personalised or tailor-made goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods (or the first delivery of goods in the case of recurring orders). To exercise the right to cancel, you must inform us Terrific Promotional Merchandise Ltd, Wellington House, 90-92 Butt Road, Colchester, Essex, CO3 3DA (telephone: 01206 638 088, email: firstname.lastname@example.org) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
14.3 You will be re-credited for the costs incurred in returning faulty or unsatisfactory goods.
15. CANCELLATION BY US
15.1 We reserve the right to cancel the contract between us if:
15.1.1 we have insufficient stock to deliver the goods you have ordered;
15.1.2 we do not deliver to your area; or
15.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
15.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order.
16.1 If you do not receive goods ordered by you within 21 days of the date on which you ordered them, we will have no liability to you unless you notify us in writing at our contact address of the problem within 60 days of the date on which you ordered the goods (unless this is not reasonably practicable). If you notify a problem to us under this condition, our only obligation will be, at your option:
16.1.1 to make good any shortage or non-delivery;
16.1.2 to replace or repair any goods that are damaged or defective; or
16.1.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
16.2 Both parties shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract.
16.3 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
16.4 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
17.1 Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at (insert postal address) and all notices from us to you will be displayed on our website from time to time.
18. CHANGES TO LEGAL NOTICES
18.1 We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
19. LAW, JURISDICTION AND LANGUAGE
19.1 This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
20.1 If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
22. THIRD PARTY RIGHTS
22.1 Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
23.1 If you have any complaints, please contact us via the contact details shown below.
24. COMPANY INFORMATION
Company name: Terrific Promotional Merchandise Ltd.
Country of incorporation: England and Wales.
Registered number: 10794265
Registered office: Wellington House, 90-92 Butt Road, Colchester, Essex, CO3 3DA, United Kingdom
Trading address: Wellington House, 90-92 Butt Road, Colchester, Essex, CO3 3DA, United Kingdom
Other contact information: See our website.
VAT number: 270041839