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Terms and Conditions
THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THE TICKTOCKERS.
PLEASE READ THEM CAREFULLY.
1. Use of the Ticktockers website
1.1 The Ticktockers website (“the Site”) is
provided to you free of charge for your personal use subject to these terms and conditions
(“these Terms”). By using the Site you agree to be bound by these Terms.
1.2 We may amend these Terms at any time without prior
notice. Your continued use of the Site will mean that you accept any amendments to the
Terms.
1.3 All orders and purchases made on the Site will also
be governed by our Terms and conditions of Sale.
2. Advertising and Sponsorship
Parts of the Site may contain material provided by or links to
advertisers or sponsoring organisations. Advertisers and sponsors are responsible for
ensuring that any material submitted for inclusion on the Site complies with relevant laws
and codes. We will not be responsible for any error or inaccuracy in advertising and
sponsorship material.
3. Linking
3.1 You may not hypertext link to this Site without
obtaining our prior written consent.
3.2 The Site may contain hypertext links to other
websites. When you activate any of these links, you will leave the Site and we accept no
responsibility for the availability or content of any linked websites and shall not be
responsible in any way for arrangements regarding goods or services from such linked
websites. The links are provided for your convenience and any such link does not imply
endorsement by us of a website or any association with the operators of a website.
4. Content of the Site
4.1 Unless otherwise stated, all rights in the material
on the Site including copyright and database rights, are owned by Ticktockers. You are
permitted to print or download extracts from this material for your personal use only
provided you keep intact all or any copyright and proprietary notices. None of this
material may be used for any commercial or public use.
4.2 No part of the Site or any material appearing on
the Site may be modified, copied, distributed , reproduced, stored in or transmitted on
any other website for commercial purposes without written permission of Ticktockers and
payment of any specified fee.
4.3 No licence is granted to you in these Terms and
Conditions to use any trade mark of Ticktockers.
5. Your use of the Site
5.1 You agree to use the Site for lawful purposes only.
In particular, but without limitation, you warrant that you or anyone using your password
shall not:
5.1.1 Disseminate any unlawful, harassing, libellous,
abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
5.1.2 Transmit or link to material that encourages
conduct that constitutes a criminal offence, results in civil liability or otherwise
breaches any relevant laws, regulations or code of practice;
5.1.3 Disseminate any advertising, promotional
materials or other forms of solicitation, including chain mails or pyramid schemes;
5.1.4 Make, transmit or store electronic copies of materials
protected by copyright without the permission of the owner;
5.1.5 Impersonate any person, or entity or misrepresent
your affiliation with anyone or entity;
5.1.6 Gain unauthorised access to other computer systems;
5.1.7 Prevent or restrict the use of the Site by other
users;
5.1.8 Interfere or disrupt networks or websites connected to
the Site;
5.1.9 Collect or store other users’ personal data;
5.2 We reserve the right at our sole discretion and without
prior notice to remove or otherwise block any material that you post, transmit or
disseminate or terminate your registration for violating the above provisions.
6. Disclaimer of Warranties and Liability
6.1 We do not guarantee that the services at the Site
will meet your requirements. We do not warrant that the Site will be delivered to you
uninterrupted, timely, secure or error-free, or that the Site and the server are free of
computer viruses or other harmful applications. If a fault occurs in the service you
should report it to us and we will attempt to correct the fault as soon as we reasonably
can.
6.2 To the fullest extent allowed by applicable law,
you agree that we will not be liable to you/or any third party for any consequential or
incidental damages (including but not limited to loss of revenue, loss of profits, loss of
anticipated savings wasted expenditure, loss of privacy and loss of data) or any other
indirect, special or punitive damages whatsoever that arise out of or are related to the
Site.
6.3 Nothing in these Terms shall exclude our liability
for personal injury or death caused by our negligence.
7. Indemnities
You agree to indemnify us against all losses, liabilities, costs and
expenses reasonably suffered or incurred by us, all damages awarded against us under any
judgment by a court of competent jurisdiction and all settlements or sums paid by us as a
result of any settlement agreed by us arising out of or in connection with breach by you
of any of these Terms.
8. Access outside UK
We do not represent that the Site or the material on the Site shall be appropriate or
available for use outside the United Kingdom. If you choose to access the Site from
locations outside the United Kingdom, you do so on your own initiative and it is your
responsibility to ensure compliance with any foreign and local laws and requirements.
9. Applicable Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws
of England and any disputes will be decided only by the English courts.
10. Miscellaneous
10.1 You may not assign, sub-licence or otherwise
transfer any of your rights under these Terms.
10.2 If any provision in these Terms is invalid or
unenforceable, the remaining provisions will continue in full force and effect.
10.3 If you breach these Terms and we ignore this, we
will still be entitled to use our rights and remedies at a later date or in any other
situation where you breach the Terms.
10.4 We shall not be responsible for any breach of
these Terms caused by circumstances beyond our control.
10.5 A person who is not a party to these Terms shall have
no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of
these Terms but this shall not affect any right or remedy of a third party which exists or
is available apart from that Act.
Terms and conditions of Sale
1 The contract between us
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. The contract will be deemed to have been formed and the confirmation
deemed to have been given to you as soon as you are able to access the message, whether or
not you actually received that message. Our acceptance of your order brings into existence
a legally binding contract between us.
2 Price and Payment
2.1 The prices payable for goods that you order are as set out in our
website and are quoted in pounds sterling (£) and are inclusive of UK sales tax (VAT)
(the current rate of VAT is 17.5%) and delivery charge subject to clause 2.5. The delivery
charge is non-refundable and more details can be seen in our Delivery
Charges Table.
2.2 If your order is being despatched outside of the European Community
(EC) then your sales tax will be zero. If your order is being sent to a member state of
the EC then your invoice will include VAT at 17.5%.
2.3 Any customs or import duties levied once the package reaches your
country will be the responsibility of yourself as we have no control over these charges
and cannot predict what they might be.
2.4 It might not be possible for us to deliver to some locations. Our
delivery charges are set out in our website. Delivery Charges Table.
2.5 Items in our “Prestige
Range” will be delivered by us and the delivery charge will be a fixed amount of
£150 for UK mainland delivery. The cost of returning a “Prestige” item is the
liability of the purchaser and any additional trip, required to be made, by
“ticktockers” will be charged to the customer at a rate of £1 per mile for the
total distance that has to be travelled.
2.6 We accept online payment in a secure environment by credit card and
debit card. We accept all major credit/debit cards currently.
3 Security
3.1 We want our customers to feel completely at ease with doing business
with us over the Internet and accordingly, to ensure our customers, complete confidence,
all payment transactions are completed in a secure environment by “PayPal”.
3.2 We use the very latest SSL (Secure Socket Layer) encryption
technology, which is the industries standard security protocol. The site uses this
technology to communicate with the secure browsers like Netscape and Internet Explorer.
This makes it extremely difficult for anyone else to decode.
3.3 Click here to see the appropriate PayPal Terms and Conditions here
4 Your Right to Cancel
4.1 You may cancel the contract for any reason using our Cancel Contract procedure at any time
up to the end of the seventh working day from the date you receive the ordered goods.
4.2 If you have received the 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
following the procedure in our Returns Procedure link at your
own cost and risk as soon as possible. We are unable to accept any returned goods or issue
any refund if the returns procedure is not complied with.
4.3 Once you have notified us that you are cancelling your contract, any
sum debited by us from your credit card will be re-credited to your account as soon as
possible and in any event within 30 days of your order PROVIDED THAT the goods in question
are returned by you and received by us in the condition they were in when delivered to
you. If you do not return the goods delivered to you or do not pay the costs of delivery,
we shall be entitled to deduct the direct costs of recovering the goods from the amount to
be re-credited to you.
4.4 For your protection, when returning an item to us, we recommend that
you use “Special Delivery” form the Post Office or another insured courier
service. Please ensure that the level of insurance chosen exceeds the value of the return.
“Ticktockers” will not be liable for any refund if returns are lost/damaged in
transit. It is the customer’s responsibility to pursue any claim with the carrier in
such an instance. To return an item, please use our Returns Procedure.
5 Cancellation by us
5.1 We reserve the right to cancel the contract between us if:
5.1.1 we have insufficient stock to deliver the goods you have ordered;
5.1.2 we do not deliver to your area; or
5.1.3 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.
5.2 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. We will not be obliged to offer any
additional compensation for disappointment suffered.
6. Delivery of goods to you
6.1 We will deliver the goods ordered by you to the address you give us
for delivery at the time you make your order.
6.2 Delivery will be made as soon as possible after your order is
accepted and in any event within 30 days of your order subject to the availability of the
goods from the manufacturer.
6.3 If an item is not in stock, we will advise as to when we expect
delivery and send it out as soon as we receive it. If there is a further delay we will
notify you in writing and ask that you re-confirm whether you would still like the order
to be sent to you.
6.4 You will become the owner of the goods you have ordered when they
have been delivered to you. Once goods have been delivered to you they will be held at
your own risk and we will not be liable for their loss or destruction.
7. Liability
7.1 If the goods we deliver are not what you ordered or are damaged or
defective or the delivery is of an incorrect quantity, we shall have no liability to you
unless you notify us of the problem within 5 working days of the delivery of the goods in
question, using our Returns Procedure.
7.2 If you do not receive goods ordered by you within 30 days, subject to
the availability of the goods from the manufacturer, of the date on which you ordered
them, we shall have no liability to you unless you notify us in writing at our contact
address of the problem within 40 days of the date on which you ordered the goods.
If you notify a problem to us under this condition, our only obligation will be, at your
option:
7.2.1 to make good any shortage or non-delivery;
7.2.2 to replace or repair any goods that are damaged or defective; or
7.2.3 to refund to you the amount paid by you for the goods in question
in whatever way we choose.
7.3 Save as precluded by law, we will not be liable to you for any
indirect or consequential loss, damage or expenses (including loss of profits, business or
goodwill) howsoever arising out of any problem you notify to us under this condition and
we shall have no liability to pay any money to you by way of compensation other than to
refund to you the amount paid by you for the goods in question under clause 7.2.3 above.
7.4 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.
7.5 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.
8 Notices
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
TICKTOCKERS
Unit 7E Barrowmoor Enterprise estate
Barnhouse Lane
Great Barrow
Chester
and all notices from us to you will be displayed on our website from to
time.
9 Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any
delay in doing so or for any damage or defect to goods delivered that is caused by any
event or circumstance beyond our reasonable control including, without limitation,
strikes, lock-outs and other industrial disputes, breakdown of systems or network access,
flood, fire, explosion or accident.
10 Invalidity
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.
11 Privacy
You acknowledge and agree to be bound by the terms of our privacy
policy.
12 Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a
party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act
1999 to enforce any term of this agreement but this does not affect any right or remedy of
a third party that exists or is available apart from that Act.
13 Governing law
The contract between us shall be governed by and interpreted in accordance with English
law and the English courts shall have jurisdiction to resolve any disputes between us.
14 Entire agreement
These terms and conditions, together with our current website prices, delivery details,
contact details and privacy policy, set out the whole of our agreement relating to the
supply of the goods to you by us. Nothing said by any sales person on our behalf should be
understood as a variation of these terms and conditions or as an authorised representation
about the nature or quality of any goods offered for sale by us. Save for fraud or
fraudulent misrepresentation, we shall have no liability for any such representation being
untrue or misleading.
| Clock Price | Delivery Price |
| £1-£19 | 3 |
| £20- 50 | 5 |
| £50-100 | 10 |
| £100+ | 15 |
| Prestige | See terms and conditions of sale |
Cancellation Procedure
Your order can be cancelled prior to goods being dispatched by forwarding you order confirmation to the following address.
You must clearly state in your email that you wish to cancel your order.
If your goods have already been dispatched then the returns procedure will be required.
Returns Procedure
The goods to be returned must be returned to the following address
TICKTOCKERS
Unit 7E Barrowmoor Enterprise estate
Barnhouse Lane
Great Barrow
Chester
CH3 7JA
The invoice must be included to allow us to identify your order.
Privacy policy
The data controller can be contacted at the following e-mail address
“Ticktockers” is committed to ensuring that your privacy is
protected. This privacy policy explains how we use the information we collect about you,
how you can instruct us if you prefer to limit the use of that information and procedures
that we have in place to safeguard your privacy.
1 The information we collect and how we use it
When you order goods from us we need to know:
a) Your name and postal address to enable us to deliver your order;
b) Your e-mail address so that we can acknowledge your order or contact
you on matters concerning your order;
c) Your telephone number to enable us to contact you only if e-mail
fails to do so.
We gather this information to allow us to process your order or process any refund for
goods you return to us. We will not sell or allow any third party access to the
information you provide to us.
We may use aggregate information and statistics for the purpose of monitoring website
usage in order to help us develop our website and may provide such aggregate information
to third parties. These statistics will not information that can be used to identify any
individual.
2 How we protect your information
The internet is not a secure medium. However we have put in place various security
procedures as set out in this policy. All card payments are taken via the PayPal
payment
portal and ticktockers never receives your full credit card number.
We also keep your information confidential. The internal procedures of ticktockers cover
the storage, access and disclosure of your information.
3 Sale of business
If this business is sold or integrated with another business your details may be disclosed
to our advisers and any prospective purchasers and their advisers and will be passed on to
the new owners of the business.
4 Updating your details
If any of the information that you have provided changes, for example if you change
your e-mail address, name or payment details please let us know the correct details by
using Contact Us
5 Your consent
By submitting your information you consent to the use of that information as set out in
this policy. If we change our privacy policy we will post the changes on this page, and
may place notices on other pages of the website, so that you may be aware of the
information we collect and how we use it at all times. We will also e-mail you should we
make any changes so that you may consent to our use of your information in that way.
Continued use of the service will signify that you agree to any such changes.
Owing to the global nature of the Internet infrastructure, the information you provide may
be transferred in transit to countries outside the European Economic Area that do not have
similar protections in place regarding your data and its use as set out in this policy.
However, we have taken the steps outlined above to try to improve the security of your
information. By submitting your information you consent to these transfers. (Discuss any
specific overseas transfers that are known about, explain the steps taken to ensure
adequate protections are in place, and if necessary obtain consent under the Data
Protection Act 1998 Sch 4 in relation to these)
6 How to contact ticktockers
We welcome your views about our website and our privacy policy. Please Contact Us with any queries or comments you may have.
ticktockers.co.uk
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