| Terms and Conditions |
You are asked to agree to these terms and
conditions before ordering Products from this Site.
Please read
them carefully.
If you do not agree to them, do not order any
Products from this site.
Please note that you may only purchase
Products from this site if you are over 18 and resident in the UK.
(1) Definitions and interpretation
In this Agreement
“we” means Thyme Graphics (and “us” and “our” shall be construed
accordingly); and “you” means the relevant customer or potential
customer as the case may be (and “your” shall be construed
accordingly).
In this Agreement, the following definitions shall
apply:
“Agreement” means this agreement incorporating any terms
set out in our Second Acknowledgement;
“First Acknowledgement”
means the initial automatic email acknowledgment which we will send
to you after receiving your Order;
“Order” means your order for
Products made via the Site;
“Products” means goods which may be
purchased by you from the Site;
“Second Acknowledgement” means
the email acknowledgment which we will send to you (where
appropriate) confirming acceptance of your Order;
and “Site”
means the website at www.thymegraphics.co.uk or any successor site
operated by us from time to time.
(2) This Agreement
The advertising of Products on the Site constitutes an
“invitation to treat”; and your Order for Products constitutes a
contractual offer. No contract comes into force between you and us
unless and until we accept your Order.
In order to enter into
this Agreement with us, you will need to take the following steps:
(i)you must add any the Products you wish to purchase to your
shopping cart, and then proceed to the checkout;
(ii) you must confirm your Order and consent to the terms of
this Agreement;
(iii) you will be transferred to our secure
payment page where your payment will be handled
(iv) we will
then send you the First Acknowledgment; and
(v) once we have
checked whether we are able to meet your Order, we will either send
you the Second Acknowledgement (at which point this Agreement will
become a binding contract) or we will confirm by email that we are
unable to meet your Order.
Please note that we will not file
a copy of this Agreement. We may update the version of this
Agreement on the Site from time to time, and we do not guarantee
that the version you have agreed to will remain accessible. We
therefore recommend that you download, print and retain a copy of
this Agreement for your records. The only language in which we offer
this Agreement is English.
(3) Price and payment
Prices
for Products are quoted on the Site. The Site contains a large
number of Products and it is always possible that some of the
Products listed on the Site may be incorrectly priced. We will
verify prices as part of our sale procedures so that a Product's
correct price will be stated in the Second Acknowledgement.
In
addition to the price of the Products, you will have to pay a
delivery charge, which will be as stated when you pay for the
Product.
Payment must be made by the date(s) set out in the
Second Acknowledgement.
We may withhold the Products and/or
terminate this Agreement if the price is not received from you in
full, on time, in cleared funds.
The prices on the Site include
any value added or sales taxes (where applicable).
Payment for
all Products must be made by credit card, debit card, cheque, paypal
OR any method detailed on the Site from time to time.
Prices for
Products are liable to change at any time, but changes will not
affect Agreements which have come into force.
(4) Delivery
We will arrange for the Products to be delivered to the address for
delivery indicated in your Order.
We will use reasonable endeavours to deliver Products on or before
the date for delivery set out in our Second Acknowledgement or, if
no date is set out in our Second Acknowledgement, within 21 days of
the date of our Second Acknowledgement. However, we cannot guarantee
delivery by the relevant date. We do however guarantee that unless
there are exceptional circumstances all deliveries of Products will
be dispatched within 30 days of the later of receipt of payment and
the date of our Second Acknowledgement.
We will only deliver
Products within the UK.
(5) Risk and title
The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you after we receive
full payment of all sums due in respect of the Products (including
delivery charges).
(6) Defective Products
You may cancel this Agreement if the Products supplied are
defective.
Products returned by you because of a defect will be
replaced or repaired.
(7) Refunds
You may cancel this
Agreement at any time within 7 working days after the day you
received the Products (subject to the limitations set out below).
You will not have any such right insofar as this Agreement relates
to:
(i) the supply of any Products which constitute audio or
video recordings or computer software which have been unsealed by
you;
(ii) the supply of Products the price of which is dependent
upon fluctuations in financial markets which we cannot control.
If you cancel this Agreement on this basis, you must inform us in
writing and return the Products to us immediately, in the same
condition in which you received them.
Products returned by you
within the 7 working day period referred to above will be refunded
in full (including the cost of sending the Products to you).
However, you will be responsible for paying the cost of returning
the Product to us.
If you cancel this Agreement on this basis
and you do not return to the Products to us, we may recover the
Products and charge you for the costs we incur in doing so.
Similarly, if you return the Products at our expense, we may pass
that expense on to you.
If you cancel this Agreement and are
entitled to a refund, we will usually refund any money received from
you using the same method originally used by you to pay for your
purchase. We will process the refund due to you as soon as possible
and, in any event, within 30 days of the day we received your notice
of cancellation.
(8) Warranties
We warrant to you that
any Product you purchase through the Site will be of satisfactory
quality.
You warrant to us that: you have full authority, power
and capacity to enter into this Agreement and that all necessary
actions have been taken to enable you to lawfully enter into this
Agreement; you are legally capable of entering into binding
contracts; you are resident in the England or Wales; you are at
least 18 years old; the information provided in the Order is
accurate; and you will be able to accept delivery of the Products as
contemplated in this Agreement.
Subject to the warranties set
out in above, to the maximum extent permitted by applicable law we
disclaim all warranties with respect to the Products, whether
express or implied.
(9) Limitations of liability
Nothing in this Agreement shall limit or exclude your or our
liability for:
(i) death or personal injury caused by
negligence;
(ii) under section 12 of the Sale of Goods Act 1979,
section 2 of the Supply of Goods and Services Act 1982, or section
2(3) of the Consumer Protection Act 1987;
(iii) for fraud or
fraudulent misrepresentation; or
(iv) for any matter for which
it would be illegal for to limit or exclude, or attempt to limit or
exclude, liability.
Subject to this:
(i) our liability in
connection with any Product purchased through our site is strictly
limited to the higher of the purchase price of the relevant Product
and the replacement cost of the relevant Product;
(ii) we accept no liability for any loss of income or revenue,
loss of business, loss of profits or contracts, loss of anticipated
savings, loss of data, waste of management or office time or for any
indirect or consequential loss or damage of any kind however arising
and whether caused by tort (including negligence), breach of
contract or otherwise, even if foreseeable; and
(iii) we will
not be liable or responsible for any failure to perform, or delay in
performance of, any of our obligations under this Agreement caused
by events outside our reasonable control.
(10) General terms
Images of Products on the Site are for illustrative purposes; actual
Products may differ from such images.
We will treat all your
personal information that we collect in connection with your Order
in accordance with the terms of our Privacy Policy; use of our
website will be subject to our Website Terms and Conditions
This
Agreement may only be varied by an instrument in writing signed by
both you and us.
We may revise these terms from time-to-time,
but such revisions will not affect the terms of any Agreement which
we have entered into with you.
If any provision of this
Agreement is held invalid or unenforceable by a court of competent
jurisdiction, the remaining provisions of this Agreement shall
remain in full force and effect, and such invalid or unenforceable
provisions or portion thereof shall be deemed omitted.
No waiver
of any term, provision, or condition of this Agreement, whether by
conduct or otherwise, in any one or more instances, will be deemed
to be, or be construed as, a further or continuing waiver of that
term, provision or condition or any other term, provision or
condition of this Agreement.
You may not assign, charge,
sub-contract or otherwise transfer this Agreement, or any of your
rights or obligations arising under this Agreement. Any attempt by
you to do so shall be null and void.
We may assign, charge,
sub-contract or otherwise transfer this Agreement, or any of our
rights or obligations arising under this Agreement, at any time -
providing such action does not serve to reduce the guarantees
benefiting you under this Agreement.
This Agreement is made for
the benefit of the parties to it and is not intended to benefit, or
be enforceable by, any other person.
The right of the parties to
terminate, rescind, or agree any amendment, variation, waiver or
settlement under this Agreement is not subject to the consent of any
person who is not a party to this Agreement.
This Agreement
contains the complete agreement between the parties with respect to
the subject matter hereof, and supersedes all prior or
contemporaneous agreements or understandings, whether oral or
written.
This Agreement will be governed by and interpreted in
accordance with the laws of the England, and the English courts
shall have exclusive jurisdiction with respect to any dispute
arising under this Agreement.
These terms are based on a
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