TINKTURE ONLINE TRADE TERMS & CONDITIONS
These terms of sale apply to our website. By accessing this website and/or placing an order you agree to be bound by the terms and conditions set out below. Before placing an order, if you have any questions relating to these terms and conditions please email us at :- firstname.lastname@example.org
1.1 THE WEBSITE, TINKTURE® & YOU
This website is operated by Tinkture Ltd., whose registered office address is Trelay, Penwartha road, Bolingey, Cornwall, TR6 0DH, England. Our company registration number is 10869623 (England). Our telephone number is +44 (0)1872 571716
References to “we”, “us” and “our” refer to TINKTURE® Ltd. References to “you”, and “your” refer to those placing an order via this website.
1.2 CONTRACT INFORMATION
These terms of sale apply to products brought via www.wearetinkture.com
These terms and conditions do not affect your statutory rights.
Your placement of an order on our website is an offer by you to purchase the goods selected in your order.
We may accept your order at our discretion. This means that if products are shown on the site but are incorrectly priced, incorrectly described or not available we shall not be obliged to sell you those products.
Once you have placed an order we will send you a confirmation that your order has been received but this is not a confirmation that your offer to purchase the goods has been accepted. A contract between you and TINKTURE Ltd. for the sale of our products will only exist once an order has been accepted, processed and dispatched to you.
We reserve the right to change these terms of sale from time to time without notice to you.
1.3 CONFORMITY OF PRODUCTS
We take every care to ensure that the description and specification of our products are correct. However, specifications and descriptions of products are only intended to give a general description of the products and are not intended to be binding.
Payment can be made by any of the options advertised on our website. Once we have received your order, we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfill the order transaction. Your card will be debited once the order has been approved. Items will not be dispatched until this pre-authorization check has been completed.
Cards are subject to validation checks and authorization by your Card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery
If payment fails your order will be cancelled.
We do not store credit card details nor do we share customer details with any 3rd parties.
We require a signature on delivery, so please ensure someone is present to accept your delivery, or leave instructions during the checkout process as to who else could sign for your delivery (i.e. a trusted neighbour). Your order will be re-delivered up to two more times, at which point if your order has still not delivered successfully it will be returned to TINKTURE Ltd..
If delivery cannot be made to your address you will be informed as soon as possible.
Orders placed before the specified cut off time will be processed and delivered as per your request, providing further security checks are not required and all products are available.
Every effort will be made to deliver the products as soon as possible after your order has been accepted. However, we will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. Please ensure you order well in advance of the date required to avoid disappointment. In this event we will inform you of any delay as soon as possible.
Upon receipt of your order you will be asked to sign for the goods received. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery then please sign for the parcel as “UNCHECKED”. Failure to do so may affect any claims that you make thereafter.
Ownership of an item will not pass to you until we have delivered the item to you (either directly, or by leaving it in a safe place or with a neighbour). When an item is delivered the risk of damage to or loss of the item passes to you.
1.6 CANCELLATIONS, RETURNS AND REFUNDS
1.6.1 YOUR RIGHT OF CANCELLATION
You have the right to cancel your order with us at any time up to 1pm on the day of purchase. For orders placed after 1pm, you can cancel your order up to 1pm on the following working day. To cancel your order within this time frame you must notify us in calling our office on +44(0) 1872 571716
Should you wish to cancel your order after the products have been delivered to you, you will be responsible for returning the goods to us at your own cost unless the goods are faulty. Please follow our returns procedure. You will be credited for the products within 30 days of receipt by us provided that the goods are returned complete, in perfect condition, unused, and with original packaging.
1.6.2 RETURNS POLICY
If you are not entirely delighted with the products that you have chosen you may return them to us within 10 days of receipt. We will be more than happy to offer you an exchange or, if you wish, a refund provided that the products are returned complete, un-opened (bottle), in perfect condition, unused and with the original packaging. You will be responsible for returning the goods to us at your own cost unless the goods are faulty.
1.6.3 RETURNS PROCEDURE
For all returns, except where the item is faulty or we have delivered the wrong item, you will be required to pay for the return of the products to us.
Before returning any product please call us on +44 (0) 1872 571716 or +44(0)7968184480 - alternatively email us at email@example.com to make us aware of your wish to return product.
To return any products to us, please pack the items back in the parcel and send it back to:
Attn: TINKTURE Ltd., Trelay, Penwartha road, Bolingey, Cornwall, TR6 0DH, England.
When returning items please confirm if you would like a refund or a replacement. We strongly recommended you obtain proof of posting, as we cannot accept responsibility for parcels lost in transit.
1.6.4 FAULTY PRODUCT
In the unlikely event of you receiving a faulty product you should call our office on +44 (0) 1872 571 716 or notify us in writing via firstname.lastname@example.org within 10 days of delivery. The goods should be returned to us in line with our returns instructions. Once we have received the goods back we will verify the fault. If the fault is verified we will either:
- Replace with the same item;
- Refund in line with our refund policy.
If the goods you have returned are not found faulty the goods will be returned to you at your cost.
1.6.5 ITEMS DAMAGED DURING DELIVERY TO YOU
Our products are packed with care and consideration. In the unlikely event that any TINKTURE Ltd. product arrives damaged, we suggest you refuse delivery and contact our office on +44 (0) 1872 571 716 to explain the fault. We will then arrange for a replacement delivery ASAP.
If you accept delivery and then wish to contact us regarding damaged TINKTURE Ltd., you will need to provide us with the following information, by email to email@example.com, within 48 hours of delivery:
a. Photographic evidence of the broken product, making the quantity and product itself clear
b. Your order number
c. Details of the product names, and quantities broken
d. Whether you would like a replacement or refund
Once the fault is verified we will either:
Replace with the same item;
Refund in line with our refund policy.
1.6.6 WRONG ITEM DELIVERED
If, by mistake we supply you with the incorrect item you must notify us within 10 days. The goods should be returned to us in line with our returns instructions, detailed under ‘Returns procedure’ below. Once we have received the goods back we will confirm that it is in fact an incorrect item and either:
Replace with the correct item;
Refund in line with our refund policy.
1.6.7 EXTRA ITEMS DELIVERED
If, by mistake we supply you with extra items you must notify us immediately. Goods should be returned to us in line with the returns procedure, if you do not adhere to this procedure and are found to be in possession of goods that you have not paid for, you may be charged for the goods.
1.6.8 REFUND POLICY
If you are eligible for a refund, we will refund the card used to pay for your original order. Please note that it is your responsibility to notify us of any changes to your card details i.e. you no longer have that account. We aim to action all eligible refunds within 7 working days from receipt of the returned goods, although the refund may take up to 30 days at the busiest times.
1.7 DISCLAIMER & LIMITATIONS OF LIABILITY
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with these Conditions for:
- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any loss which was not brought to the attention of us at the time the contract was made or any loss that would be an unforeseeable consequence of a breach of the contract by us; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred, was suffered or incurred by one of us arising out of or in connection with the provisions of any matter under these Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
To the fullest extent permitted by law and save as provided above, we shall not be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or in negligence (whether on the part of TINKTURE Ltd. or any of its members, agents, directors, employees or otherwise) for any indirect special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of this website, the supply of the products or their use or resale by you.
The limitations of liability in these conditions shall apply equally for the benefit of us and any other associated company.
While we use reasonable endeavours to ensure that the information on this website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and we will not be responsible for any errors or omissions or for the results arising from the use of such information.
While we take all reasonable steps to ensure a fast and reliable service, we do not guarantee that your use of this website will be interruption or error free and will not be responsible for any disruption, loss of or corruption of any data in transit.
We will not be responsible nor liable for your use of any other websites which you may access via links within this website. We do not control these websites and is not responsible for their content. Any such links are provided merely as a service to users of this website and their inclusion in this website does not constitute an endorsement by or affiliation with us.
The entire liability of us under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products, except as expressly provided in these conditions.
We will not be liable to you or be deemed to be in breach of these terms and conditions or any other contract with you by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond its reasonable control.
We may assign or transfer any rights or sub contract any of its obligations under these terms and conditions to any third party. You may not assign or transfer any of your rights or subcontract any of your obligations under these terms and conditions except with the specific permission in writing of TINKTURE Ltd..
No person who is not a party to these terms and conditions shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.
1.8 LINKING POLICY
You may link to this website if you wish without our permission but you must link to the homepage and not deep link into the site. You may also use any information contained in this website as long as you have our permission and in addition acknowledge our ownership.
However if you do link to our website you agree that you will indemnify us in full if any action is taken against us by any third party, or even by you, by virtue of the link you have created. If you do link to this web site, any use is the subject of these Terms and Conditions.
1.9 COPYRIGHT & TRADEMARK
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us. You are permitted to use this material only as expressly authorised by us.
You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of material and content of the website is strictly prohibited. You agree not to (and agree not to assist or facilitate a third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Title to the website (both legal and equitable) is and shall at all times remain with TINKTURE Ltd. and you shall keep the website free of all charges, liens and encumbrances and protect it from any and all judicial process.
Title to the content and/or materials (both legal and equitable) is and shall at all times remain with TINKTURE Ltd. and you shall keep the content and/or materials free of all charges, liens and encumbrances and protect it from any and all judicial process.
TINKTURE Ltd. grants to you a non-exclusive non-transferable licence to use the website and unless expressly permitted in writing by TINKTURE Ltd., you are not permitted to sub-licence any rights which may from time to time be granted in writing by TINKTURE Ltd. to any third party. You agree that you will not yourself, or through a third party:
Copy the website and/or content and/or materials except as is necessary for use of the website. In the event that you make any copies of the website, you shall reproduce all proprietary notices on such copies;
Reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the website except as permitted by law;
Sell, lease, license, transfer or sub-license the website, content and/or materials;
Write or develop any derivative or other software programs based, in whole or in part upon the website, content and/or materials belonging to TINKTURE Ltd..
1.10 PROTECTING YOUR SECURITY
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected.
During security checks we may ask for additional information or documentation to help support the data you supplied.
All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
If you have any enquiries relating to data which is held you should contact firstname.lastname@example.org.
TINKTURE Ltd. only use personal information for the purpose for which it was given to TINKTURE Ltd. and in connection with the business or permitted by law. TINKTURE Ltd. will collate the information which you provide. By giving TINKTURE Ltd. this information, you consent to the use of it in order to process your order to process your order and inform you about its progress.
TINKTURE Ltd. will ensure that it has appropriate technical and organisational measures in place against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data held or processed by it and that it has taken reasonable steps to ensure the reliability of any of its staff who have access to personal data processed in connection with the website.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
Each provision of these Terms of Sale shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
1.14 GOVERNING LAW & JURISDICTION
These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.
TERMS & CONDITIONS FOR SALE OF GOODS OF TINKTURE Ltd.
In this document the following words shall have the following meanings:
1.1 "Buyer" means the organisation or person who buys Goods from the Seller;
1.2 "Goods" means the articles to be supplied to the Buyer by the Seller;
1.3 "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;
1.4 "List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time;
1.5 "Seller" means : TINKTURE Ltd., Trelay, Penwartha road, Bolingey, Cornwall, TR6 0DH, England.
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
2.2 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3. PRICE AND PAYMENT
3.1 The price shall be that in the Seller’s current List Price, or such other price as the parties may agree in writing. The VAT or any other applicable costs as they relate to the product will be shown during the buying process – before final payment is made. Carriage shall be calculated, applied and agreed upon before final payment is made.
3.2 Payment of the price and VAT and any other applicable costs shall be due upon ordering, prior to shipping of the goods by the Seller.
3.3 Wholesale and large direct orders - In instances where both parties have agreed unique payment terms ( 30 /60 / 90 days from receipt of invoice etc) the Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England.
3.4 If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to:
3.4.1 require payment in advance of delivery in relation to any Goods not previously delivered;
3.4.2 refuse to make delivery of any undelivered Goods whether ordered under the contract or not and without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery;
3.4.3 terminate the contract.
3.5 The Seller will invoice the customer on the day of dispatch, and any price changes will operate on dispatch, not on the date orders were placed.
Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is so shown and inspected for the sole purpose of enabling the Buyer to judge for itself the quality of the bulk, and not so as to constitute a sale by sample.
6.1 Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on the date specified by the Seller. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6.2 The date of delivery specified by the Seller is an estimate only. Time for delivery shall not be of the essence of the contract.
6.3 If the Seller is unable to deliver the Goods for reasons beyond its control, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.
6.4 The Buyer shall be entitled to replacement Goods where the Goods have been damaged during transportation. The Buyer must notify the Seller of the damage within 24 hours of delivery.
Risk in the Goods shall pass to the Buyer at the moment the Goods are dispatched from the Seller`s premises. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.
Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.
9.1 Where the Goods have been manufactured by the Seller and are found to be defective, the Seller shall in its sole discretion, replace defective Goods free of charge within 5 days from the date of delivery, subject to the following conditions:
9.1.1 the Buyer notifying the Seller in writing immediately upon the defect becoming apparent;
9.1.2 the defect being due to the faulty design, materials or workmanship of the Seller.
9.2 Any Goods to be repaired or replaced shall be returned to the Seller at the Buyer’s expense, if so requested by the Seller.
9.3 Where the Goods have been manufactured and supplied to the Seller by a third party, any warranty granted to the Seller in respect of the Goods shall be passed on to the Buyer.
9.4 The Seller shall be entitled in its absolute discretion to refund the price of the defective Goods in the event that such price has already been paid.
9.5 The remedies contained in this Clause are without prejudice to the other Terms and Conditions herein, including, but without limitation, Clauses 10 and 11 below.
10.1 No liability of any nature shall be incurred or accepted by the Seller in respect of any representation made by the Seller, or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to:
10.1.1 the correspondence of the Goods with any description;
10.1.2 the quality of the Goods; or
10.1.3 the fitness of the Goods for any purpose whatsoever.
10.2 No liability of any nature shall be accepted by the Seller to the Buyer in respect of any express term of this contract where such term relates in any way to:
10.2.1 the correspondence of the Goods with any description;
10.2.2 the quality of the Goods; or
10.2.3 the fitness of the Goods for any purpose whatsoever.
10.3 All implied terms, conditions or warranties as to the correspondence of the Goods to any description or the satisfactory quality of the Goods or the fitness of the Goods for any purpose whatsoever (whether made known to the Seller or not) are hereby excluded from the contract.
11. LIMITATION OF LIABILITY
11.1 Where any court or arbitrator determines that any part of Clause 10 above is, for whatever reason, unenforceable, the Seller shall be liable for all loss or damage suffered by the Buyer but in an amount not exceeding the contract price.
11.2 Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s negligence or that of its employees or agents.
12. INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.
13. FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.
14. RELATIONSHIP OF PARTIES
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
15. ASSIGNMENT AND SUB-CONTRACTING
The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
18 GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
TINKTURE DELIVERY INFORMATION
ALL UK DELIVERIES
Standard Delivery, usually with Royal Mail (2-3 working days) single item: £4.95
Orders must be completed by 1pm for deliveries to be made within two to three working days. For example, if you would like your order to arrive on Wednesday or Thursday, you must place your order before 1pm on the previous working day, Monday.
Express and Case Delivery , usually with Fed Ex (usually next day) single item: £9.95
Orders must be completed by 11am for deliveries to be made next working day. For example, if you would like your order to arrive on Tuesday, you must place your order before 11am on the previous working day, Monday.
We do not offer a Sunday delivery service.
We do not process orders during the weekend or holiday period. For example, if you place an order on Saturday or Sunday, it will be processed on Monday (excludes bank holidays).
Unfortunately we do not currently ship to areas outside of the UK.
If you/selected recipient, is not at home to accept delivery, our couriers will try deliver twice, leave the order with your neighbour/s or ask you to collect from the courier depot (cards will be left to acknowledge and instruct in any of these cases). Please note that orders may be shipped in multiple boxes, so please be aware of how many boxes you are signing for before accepting the delivery.
We use Royal Mail for individual orders (2-3 day delivery) – this is a ‘signed for’ service – please ensure you have made adequate arrangements for the delivery of our goods.
HELP US HELP YOU
When processing your order please supply the mobile number of the recipient so you can best track your order. This will help the courier to find you should you not be in or in the case of remote and hard to find addresses. Please also add any delivery requirements/requests in the relevant section when processing your order.
On the very rare occasions when a breakage occurs or goods are faulty, we will happily offer a replacement or a credit on the return of the items in question. We must be notified of such within 3 working days and the goods returned within a further 7 days. We may require further information from you regarding where the goods may be collected from, if different from the original delivery address, and they may be picked up from a particular, agreed place. For example, you may leave the goods in a porch or with a neighbour for collection. Claims and details for these are required by post or email.
NEED MORE HELP?
Should you require further information regarding our delivery options, please contact us on +44 (0) 1872 571716 during our UK office working hours of 9.00am to 5.00pm, Monday to Friday. Alternatively, email us at email@example.com with your query or concern and we will respond as soon as possible. We suggest you leave your telephone number for further expediency of any request.