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TERMS & CONDITIONS

PRIVACY POLICY

 

Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using this Website, you consent to the processing described therein and you warrant that all data provided by you is accurate and up to date.

PROHIBITIONS

You must not misuse this Website.

You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is technologically harmful, malicious, in breach of confidence or in any way; corrupt data; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. TUXANDTAILSNI will report any such breach to the relevant law enforcement authorities and disclose your identity to them. 

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it. . 

TERMS OF SALE

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. 

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays for which we will not be responsible. Please see our Delivery Charges notice for further information. 

In order to contract with TUXANDTAILSNI you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. TUXANDTAILSNI retains the right to refuse any request made by you, and TUXANDTAILSNI reserves the right to close your TUXANDTAILSNI account at its sole discretion.

If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with.

All prices advertised are subject to such changes.

a. Our Contract

i. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved us and we have debited your credit or debit card. 

b. Pricing and Availability

i. Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are clearly where applicable and included in the 'Total Cost'.

ii.The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

c. Payment

i. Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted. 

Website Inaccuracies, Completeness and Timeliness of Information

All sizes are approximate. Goods are supplied on the understanding that there may be a slight variance in colour, shade, finish and touch. Any changes will be of an equal or higher standard to those displayed.

Any errors that have been made in the description of our products will be rectified as soon as possible

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Colours

We make every effort to ensure that the images of the Products on our website are accurate. However because of differences between monitors the colour you see of the Product may not accurately reflect its true colour.

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law TUXANDTAILS and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect TUXANDTAILS's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Indemnity

You agree to indemnify, defend and hold harmless TUXANDTAILSNI, its directors, officers, consultants, agents, employees and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service

Linking to this website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. 

You must not establish a link from any website that is not owned by you. 

Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with TUXANDTAILS and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to TUXANDTAILS.

Governing Law and Jurisdiction

These terms and conditions are construed in accordance with the laws of Northern Ireland and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Northern Ireland courts.

Variation

TUXANDTAILSNI shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and TUXANDTAILSNI. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of TUXANDTAILSNI.

Complaints

If you have a complaint about TUXANDTAILSNI, please contact our Customer Care team here:

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Changes to Terms of Service

 You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

Contact Information

Questions about the Terms of Service should be sent to us at customercare@tuxandtailsni.com.  You can phone us at 028 8772 9762.

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