Terms and Conditions for Teal Patents Ltd
Please read these terms and conditions carefully, they contain important information about your rights and obligations.
1.1 Please read these terms and conditions carefully before using the Website operated by Teal Patents Ltd (“We” or “Us”). By accessing or using www.(insert each domain name used) (“our Website”) You agree to be legally bound by these terms and conditions as they may be modified and posted on our Website from time to time.
1.2 Without prejudice to the above, by using or accessing our Website, You agree to be legally bound by these terms and conditions of use as they apply to your use of or access to our Website.
1.3 If You do not wish to be bound by these terms and conditions then You may not use our Website.
1.4 You may print and keep a copy of these terms
2. Nature of our Website
2.1 Our Website is a place for You to access information about our products, goods and services (“the Products”) and/or to purchase the Products. Our Website describes the Products in more detail.
2.2 Please note that the contents of our Website are aimed at users aged 18 and above, and You must be over 18 years to purchase the Products.
3. Products on our Website
3.1 To purchase a Product You will need to follow the procedures set out on our Website.
3.2 Purchasing the Products is done using the procedures set out on our Website Details of our prices for the Products, and the procedures for payment and delivery are displayed on our Web site. You must pay by credit or debit card at the time of order. The price of any Product is the price in force at the date and time of your order. We may change the price of any Product before you place an order. We try to ensure that our prices displayed on our Web site are accurate but the price on your order will need to be validated by us as part of the acceptance procedure. We will inform you if a Product’s correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the product at the correct price.
3.3 We are entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by online electronic means (‘Confirmation’) to the email address you have given us on ordering. The order will then be fulfilled by the date set out in the Confirmation or, if the Confirmation does not contain such a date, within 30 days.
3.4 If the Product you ordered is unavailable, we may provide to you a substitute of an equivalent quality and price (‘Substitute Product’).
3.5 You undertake that all details You provide to Us for the purpose of purchasing the Products which may be offered by Us on our Website will be correct and, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any Products. We reserve the right to obtain validation of your credit or debit card details before providing you with any Products.
3.6 In certain circumstances We may grant you a credit account. We may set and reset your credit limit at any time. We may revoke that credit account at any time without reason.
3.7 A retention of title shall apply to all goods until such time as cleared funds have been received.
3.8 If you are a consumer then the distance selling regulations apply to this contract. You may return the goods within 7 days of receipt for a full refund provided that the goods are returned in a good condition and they are returned to the address given on this website.
3.9 The price quoted on the website excludes any taxes, insurance, delivery and/or other charges.
3.10 All prices are quoted in GB Pounds. Payment must be made in GB Pounds.
3.11 Where Products are being sent abroad then Inco Terms 2000 shall apply. Where a dispute exists between these terms and conditions and Inco Terms 2000 then these terms shall prevail.
3.12 We provide a two year guarantee (return to factory) in respect of our handwash systems. You must pay the cost of return. We will pay the carriage for the goods to be returned to you in the event that they are genuinely faulty and have not been damaged through misuse.
3.13 Our Terms and Conditions shall govern this contract and shall apply to the exclusion of any other contractual purported terms.
3.14 We reserve the right to make without notice any improvement or alteration in the material, specification, dimensions or design of any Products.
3.15 It shall be the responsibility of You to make sure that We have the relevant information to enable us to proceed with the contract and to ensure that the capacity and performance of the Products are sufficient and suitable for the purpose intended.
3.16 In the event that we provide a specific quotation then that quotation is only valid for a period of 30 days from the date of the quotation.
3.17 We shall endeavour to deliver on time. However time shall not be of the essence and we shall not be liable for late delivery.
3.18 All Products shall become at your risk from the point when they leave our factory.
4. Modifications to Website
We reserve the right to alter, suspend or discontinue any aspect of our Website or the content or services available through it, including your access to it. Unless explicitly stated any new features including new content, new Products and/or the sale of new Products and/or the release of new software tools or resources shall be subject to these terms and conditions.
5. Information You provide
5.1 The following applies to any information You provide to Us, for example during any registration or ordering process:
5.2 By accepting these terms and conditions, You agree to the processing and disclosure of the Personal Information for the Purposes. You also agree that the Purposes may be amended to include other uses or disclosures of Personal Information following notification to You by means of a notice on our Website, which You should check regularly. If You would like to review or modify any part of your Personal Information then You should email Us at firstname.lastname@example.org.
5.3 In addition, the following also applies to all messages, e-mails, bulletin boards postings, ideas, suggestions, concepts or other material submitted by You to Us (‘Content’):
- You must own or have the right to submit Content for publication on our Website;
- You must ensure that all Content submitted to Us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful; and
- We have the right to monitor Content and may edit, reject or remove Content if We believe it does not comply with the above and, in particular, We reserve the right to block incoming e-mails and other Content if We believe that their content is or may be inappropriate or otherwise does not comply with the above.
5.4 You grant Us a non-exclusive, irrevocable, royalty free, worldwide licence to publish all Content that You submit to Us except any portion of the Content that is Personal Information. You have sole responsibility for the Content which You submit to Us and You shall indemnify and shall keep Us fully and effectively indemnified on demand from and against all losses and liabilities (including legal costs and expenses) suffered or incurred by Us and arising directly or indirectly out of the publication of Content submitted by You to Us.
5.5 We reserve the right to bar users from our Website on a permanent or temporary basis at our discretion. Any such user shall be notified and must not then attempt to use our Website under any other name or through any other user.
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username and password that may be given to You or selected by You for use on our Website. You may not share these with or transfer them to any third parties. You must notify Us immediately of any unauthorised use of them or any other breach of security regarding our Website that comes to your attention.
7. Applicability of Online Materials
7.1 Unless otherwise specified the materials published on our Website are presented solely for your private, personal and non-commercial use.
7.2 Our Website is controlled and operated by Us from our offices at Unit 2, Chelmsley Wood Industrial Estate, Waterloo Avenue, Birmingham B37 6QQ, UK. Where content published on the Website is supplied by third parties, You understand that We do not control or endorse their contents in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with Us, is published in good faith but We do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or off-line) and the use of such content, except for content which relates directly to Products You purchase. You assume total responsibility and risk for your use of our Website and use of all information contained within it.
7.3 We have used our best endeavours to ensure that our Website complies with UK law. However, We make no representations that the materials on our Website are appropriate or available for use in locations outside the United Kingdom.
7.4 We make no warranties, express or implied that making the Products available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction or to You (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to You. You accept that if You are resident outside the UK, You must satisfy yourself that You are lawfully able to purchase the Products. We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
8. Copyright and Monitoring
The contents of our Website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Teal Patents Limited or other third party licensors. All product and company names and logos mentioned in our Website are the trade marks, service marks or trading names of their respective owners, including Us. You may download material from our Website for the sole purpose of placing an order with Us or using our Website as a shopping resource, provided that this is your own use. However, You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our Website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent.
9. Linked Sites
We make no representations whatsoever about any other Websites which You may access through our Website or which may link to our Website. When You access any other Website You understand that it is independent from our Website and that We have no control over the content or availability of that Website. In addition, a link to any other site does not mean that We endorse or accept any responsibility for the content, or the use of, such a Website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its Website administrator or web master.
10. Availability of our Website
We will try to make our Website available but cannot guarantee that our Website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our Website and, in particular, You must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Website, router or any other internet connected device.
11.1 To the extent permitted by law, We exclude all express or implied terms with regard to the Products, our Website or any information or service provided through our Website. We will do our best to ensure that all materials and information published on our Website are accurate, but please note that all materials and information on our Website are provided on an ‘as is’ basis.
11.2 In relation to the Products, our Website or any information or service provided through our Website or through other means We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, even if foreseeable. In circumstances where You suffer loss or damage arising out of or in connection with the viewing, use or performance of our Website or its contents, We accept no liability for this loss or damage (except where We have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Us or our servants, agents or any other person.
11.3 If We are liable to You for any reason, our liability will be limited to the value of the product in question. This limit does not apply to any liability We may have for death or personal injury resulting from our negligence.
11.4 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Website and is compatible with our Website. You also understand that We cannot and do not guarantee or warrant that any material available for downloading from our Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
11.5 The limitations and exclusions in this clause 11 only apply to the extent permitted by applicable law.
12.1 We may assign, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.
12.2 We may alter these terms and conditions from time to time and post the new version on our Website, following which all use of our Website will be governed by that version. You must check the terms and conditions on the Website regularly.
12.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
12.5 These terms and conditions and your use of our Website are governed by English law and You submit to the non-exclusive jurisdiction of the English court.
12.6 Neither Us nor You will be held liable for any failure to perform any obligation to the other due to causes beyond your or our reasonable control.
12.7 Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.
13.1 All notices shall be given:
- to Us by post at Unit 2 Chelmsley Wood Industrial Estate, Waterloo Avenue, Birmingham B37 6QQ, UK.
- to You at either the e-mail or postal address You provide during any ordering process.
Notice will be deemed received or 3 days after the date of posting.
These terms and conditions replace all other terms and conditions previously applicable to the use of our Website and/or sale of the Products.
15. English Law shall apply to these terms, notwithstanding the jurisdiction where You are based. You irrevocably agree that the Courts of England shall have exclusive jurisdiction to settle any disputes which may arise out of, under or in connection with these terms and conditions and for those purposes submit irrevocably all disputes to the jurisdiction of the English Courts.
16. Further information on these conditions or any queries on them can be obtained from Unit 2 Chelmsley Wood Industrial Estate, Waterloo Avenue, Birmingham B37 6QQ, UK.
17. Nothing in these terms affect your statutory right as a consumer.