1. INFORMATION ABOUT US
www.tweakd.uk is a site operated by Tweakd Limited. We are registered in England and Wales under company number 12707351 and our registered office is at 303 The Pill Box 115 Coventry Road, London, England, E2 6GH.
2. SERVICE AVAILABILITY
Our site is intended primarily for use by people resident in the UK. We do not yet accept orders from individuals resident in other, non-UK, European Union member states. Please note that our delivery and returns policies differ according to whether you are resident in the UK mainland, non-mainland UK or elsewhere
3. YOUR STATUS
By placing an order through our site, you warrant that:
- you are legally capable of entering into binding contracts
- you are at least 18 years old
- you are resident in the UK; and
- you are accessing our site from the UK
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order, you will receive an e-mail from us confirming that your order has been accepted (Order Confirmation). The contract between us (Contract) will only be formed when we send you this Order Confirmation.
4.2 The Contract will relate only to those Products whose order we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the order of such Products has been confirmed in a separate Order Confirmation.
5. CONSUMER RIGHTS
5.1 This section applies only to individuals who order from us. It does not apply to business or commercial customers or those individuals who purchase a Product for business or commercial use.
5.2 If you are contracting as a consumer, you may cancel a Contract at any time , beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for any Products not yet received in accordance with our Refunds and Returns Policy.
5.3 This provision does not affect your statutory rights.
6.1 All descriptions of the Products on our site are correct at the time of publication on our site. We have a policy of continuous product development and reserve the right to amend the specification of Products without prior notice in relation to future sales.
6.2 Price and availability is also subject to change without notice. We may correct any errors or withdraw any product from sales at any time without incurring liability.
7.1 We deliver to any address in the UK, excluding the North of Ireland. The cost of delivery will be shown at the checkout.
7.1.2 Whilst we try and ensure that all shipping prices which appear on this Website are accurate, errors may occur or charges might be higher in remote areas of the delivery network. If we discover an error in the price which you have paid 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.
7.2 Orders do not usually require a signature to acknowledge delivery. If no-one is at home to receive the goods then they will be left in the safe place specified on your Order. If no one is available to accept the delivery and the gods cannot be left in the safe place you will receive a card to advise that a delivery has been attempted.
7.3 All orders received through us are processed and, if the goods are available, dispatched for delivery on the day on the day specified in the Order. Therefore, depending on whether your goods are in stock at the time of the order, your goods will usually be with you in three to seven days.. Please note that we are relying on couriers to perform delivery and occasionally delays happen, in this instance we cannot refund carriage charges levied. If the goods you have ordered are out of stock we will notify you by email and at this point if you do not wish to wait for your order you can cancel your order and receive a full refund.
8. PRICE AND PAYMENT
8.1 You will be charged the current price for goods from our website at the date you place the order. All prices are displayed on our Website and are inclusive of VAT. We reserve the right to change prices at any time without notice to you, save that any changes will not affect orders in respect of which you have received an Order Confirmation.
8.2 Payment can be made by any major credit, debit card or, when available, Paypal account. Payment will be debited and cleared from your account before the dispatch of your goods.
8.3 Delivery costs will be applied at the checkout.
8.4 In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods (but they have not yet been dispatched), then you will receive a full refund.
9. DISCOUNT CODES
9.1 Discount codes may be redeemed online at checkout. The discount code is applicable to full price products and is not redeemable against Sale or Promotion items.
9.2 Discount codes are generally not applicable to Subscription. If a discount code is applied to a Subscription, this will be however only valid for a single order, and the next occurrences will be charged at the full price of the Subscription.
10. OUR REFUNDS AND RETURNS POLICY
10.1 You have the legal right to cancel your order within 30 days of your order.
10.2 If you wish to cancel using this right, you need to inform us in writing within 30 days starting from the day we send your order. You must take reasonable care of the goods and immediately return them to us in the normal way. We will not consider that you have taken reasonable care of the goods if they have been used in a way, or to an extent, beyond what would be reasonable when examining the goods in a shop before purchase.
10.3 In order for the items to be refunded or exchanged the goods must be received in an unused condition, and in original packaging and, if frozen, still frozen having not been thawed or rehearted in any way. Only one return/refund can be made per purchase. If you accept an exchange, this cannot later be refunded.
10.4 The goods are your responsibility until they reach us. You will be liable to pay the cost of returning unwanted goods back to us. For your protection we recommend you use a postal service that insures you for the value of the goods you are returning.
10.5 Where a product is faulty, damaged or mis-described we will refund the original delivery charge and the cost of posting the goods back to us via your local postal office using first class recorded delivery only.
10.6 A proof of return and any documentation including details of any taxes paid must be obtained. You must contact firstname.lastname@example.org to arrange your refund before returning your goods.
10.7 Sale of Goods Act 1979: If any product we supply fails due to a manufacturing defect, we will provide you with an appropriate remedy e.g. repair, replacement, or refund. Please email us at email@example.com
10.8 Where promotional discounts are applied to orders, the discount will be applied to each item in the basket. In the event of a return, you will not be refunded the discounted proportion.
10.9 We will not refund the original shipping charges if a product is not faulty, damaged, or not as described, whether you prefer to cancel the order if the order has been returned to our facilities due to an incorrect delivery address being provided at the point of ordering, or if the order returns due to the maximum number of delivery attempts being reached/the items are held at an access point and reached the maximum time to be held.
11. OUR LIABILITY
11.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and fit for all the purposes for which products of the kind are commonly used.
11.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
11.3 This does not include or limit in any way our liability:
- for death or personal injury caused by our negligence
- under section 2(3) of the Consumer Protection Act 1987
- for fraud or fraudulent misrepresentation
- for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data; or
- waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
12. WRITTEN COMMUNICATIONS
12.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. In the event of any questions or complaints please email firstname.lastname@example.org.
13.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Impossibility of the use of public or private telecommunications networks;
- The acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.
16.1 If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
17.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions.
17.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms and Conditions.
18. OUR RIGHT TO VARY THESE Terms and Conditions
18.1 We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
18.2 You will be subject to the policies and Terms and Conditions in force at the time that you order products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
19. LAW AND JURISDICTION
19.1 Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
20. COMPLAINTS PROCESS
20.1 If you have any complaints about the products or service that we have provided, please contact email@example.com and we will do our best to resolve it.
21. TERMS OF WEBSITE USE
21.1 The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.
21.2 Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
- incompatibility of the Website with any of your equipment, software or telecommunications links;
- technical problems including errors or interruptions of the Website;
- unsuitability, unreliability or inaccuracy of the Website; and
- failure of the Website to meet your requirements.
21.3 To the full 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 (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, 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 your use of the Website.
22. INTELLECTUAL PROPERTY RIGHTS
22.1 Tweakd is a registered trademark of Tweakd Limited. The content of the Website is protected by copyright, trade marks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors.
22.2 You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
23. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
24. VIRUSES, HACKING AND OTHER OFFENCES
24.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
24.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
24.3 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 our site or to your downloading of any material posted on it, or on any website linked to it.
25. LINKING TO OUR SITE
25.1 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.
25.2 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
25.3 If you wish to make any use of material on our site other than that set out above, please address your request to firstname.lastname@example.org.
26. LINKS FROM OUR SITE
26.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Jurisdiction and applicable law.
27. TRADE MARKS
The "Tweakd" logo is a UK registered trade mark of Tweakd Limited.
30.1 Your Subscription will remain active until cancelled, but you can choose to cancel your Subscription at any time.
30.2 If you wish to cancel, go to 'Manage Subscriptions' in your Twead.uk Account, and cancel your Subscription. Or email us at email@example.com if you have any trouble.
30.3 We may, at our sole discretion, terminate your Subscription at any time. If we do so, you will only be charged for previous orders that have already been shipped to you.
30.4 If your product is unavailable at expected time of shipment, you authorise us to fulfil your order when your product is back in stock.
30.5 Subscription benefits are only available to products displaying the Subscription offer message. Your participation in the Subscription service is personal to you, and you may not transfer your Subscription or any of the benefits to a third party without authorisation.
30.6 All returns under the Subscription programme are subject to our returns policy.
30.7 Payment for Subscription will be billed to the debit/credit card or PayPal account used to create your Subscription, or as otherwise directed by you. If we are unable to take payment, you authorise us to cancel your Subscription without prior notice.
30.8 We reserve the right to change the Subscription benefits at any time at our sole discretion. All changes will apply to future orders, including current Subscriptions.