Terms & Conditions
Terms and Conditions
TERMS AND CONDITIONS
These terms and conditions apply as part of your contract with us when you buy
or sell any goods with TactiFresh or any trading name we use.
They apply whether you use any service via our website, telephone or in person.
All other terms and condition are excluded - see clause 20.
SECTION 1 – APPLIES TO ALL CONTRACTS
1. WORDS WITH A SPECIAL MEANING: In these terms and conditions
when words and phrases are shown in bold they have a special meaning. The
terms “we”, “us”, and “our”, and “you” and “your”, and “including” (and
similar) also have a special meaning. See the glossary below to find out what
they mean. To understand these terms and conditions you must read and
understand the glossary.
2. PARTIES
The customer under the contract is you. The supplier under
the contract is TactiFresh and/or
any trading name we may use.
3. SUBCONTRACTORS
We may use subcontractors to help us
provide services for you. We may at any time subcontract any part, or all of our
business or services. We may also at any time change our subcontractors,
including those who directly provide any services to you (such as carriers who
make deliveries).
4. CONTRACT BETWEEN YOU AND US
Any order or offer made by you or ANY order that you make constitutes an
offer by you to buy from us the goods and/or services stated in the order,
subject to these terms and conditions. Each offer constitutes an offer by you to
sell your item to us, subject to these terms and conditions. Information
published on our website, and correspondence from us by phone, email or
otherwise do not constitute an offer or give rise to any contract.
Formation of the contract also referred to as The contract is formed between
you and us at the moment you place your order or make your offer via our
website, telephone or in person subject to these terms and conditions.
We will not be bound to meet any of our obligations under the contract until the preconditions stated below have been met by you, and we agree to accept
your order or offer.
The preconditions that follow are:
1: We have received payment from you for your order.
2: No default, ISSUE or problem has arisen.
Note: Acceptance of your order will be deemed to have occurred when your
items are despatched for delivery or collected.
3: DURATION OF CONTRACT
The contract under which you
buy item(s) starts on the commencement date and lasts until the time and date
when we complete the last outstanding transaction or service in your order/
offer.
4. INFORMATION
We aim to publish complete/ accurate information on our
website about the goods we offer for sale. The information on our website and
in your order or offer may sometimes not be complete or accurate. We may
correct or change any information for goods requested in your order at any time
before we accept your order or offer. If we need to make corrections or
changes, we will tell you so you can decide whether to withdraw
your order or offer, or confirm it.
5: PRICES
Unless we make a change under clause 4 (above), the price under
the contract is the price for the goods and/or services as stated in the order
including but not limited to any Item. Costs or charges which you incur due to a default or problem are also payable as part of the price of your order and/or offer.
Our prices can change regularly. If we complete an order and you subsequently
request services in relation to item(s) under the previous order, your request
will constitute a new order for services which will be subject to our then-current
prices. The prices that applied when we accepted the previous order will never
apply to ANY new order.
6. OUR SERVICES
The services we must provide under the contract are
the transaction and services as described in our acceptance of the order, or
the transaction as described in our acceptance of the order. The menu
of goods and services you can choose from is as stated on our website as being
available for order, or as otherwise agreed with us in writing.
Your choice of transaction and/or services will determine which provisions of
these terms and conditions apply under any contract with US. Section A applies
to all contracts. Each of the other Sections applies to a
particular transaction or service requested in the offer or order, and applies to
the contract in addition to Section A.
7: LIABILITY AND INSURANCE
Included Liabilities: Our liabilities are unlimited for: (1) death or personal
injury caused by negligence of us, our employees, and (2) fraud or fraudulent
misrepresentation by us, and (3) breach of your statutory rights under UK LAW
Excluded or limited Liabilities: Our liabilities are excluded and limited as stated
in the Section of these terms and conditions that applies to the service which
gives rise to the liability.
Please Note: Except for our liabilities which are stated above as being
unlimited, under no circumstances whatsoever will we be liable to you for any
loss of profit, or any indirect or consequential loss or damage arising under or in
connection with the contract and/ or transaction or service.
Any other liabilities of ours not referred to above, or not excluded or limited as
above, are limited to the amount of our relevant insurance cover if we have
relevant insurance in place or if we have no insurance cover in place to the price
stated in the accepted order or offer for the relevant transaction or services (if
any). If a price is not ascertainable, these liabilities are limited to £100.
Our insurance: We will not take out insurance specifically to cover risks under
the contract unless we have agreed this with you, and our charges for arranging
and maintaining such insurance are in writing. We may choose to use insurance
to cover risks to our business as a whole, not limited to but including all our
contracts and all our customers but are not obliged to take out or maintain
insurance. If we agree to meet liabilities (or we are ordered to meet them) and we have alternative ways of funding the liabilities, we can choose whether or
not to draw on our insurance should we so choose to do so.
8: FACILITIES
We normally operate via our website and ANY social media advertised on our website or other Social Media Playforms. We
provide the facilities without fee or charge (unless a default or problem arises),
and they are provided “as is”. We do not guarantee the availability of the
facilities, or that they will continue to be available in their or any current form,
or at all.
Your use of our website and any/all phone line is subject to our Acceptable Use Policy.
If you use our website in a way that breaches any of our policy(s) in any way,
we may exercise any of our remedies under clause *** in relation to your use of
the/our website.
You must not use any of our intellectual property without permission. If you do
so we may undertake Legal action against you for theft of our Intellectual
Property.
Our policies are subject to change. The latest version is always available on our
website. The contract applies to the policies as they stand at the date and time
when you use the facilities.
9: NA
10: CANCELLATION RIGHTS
You have a right to cancel
the contract if you change your mind prior to dispatch.
Note: You can choose to terminate your order at any time prior to
delivery or collection of your item(s).
11. TERMINATION AND CHANGES
Change or withdrawal by you of your order: Once you have
submitted your order or offer you may cancel any order prior to dispatch, you may also keep returns once recieved within 14 days (see returns).
Termination of contract by you: You can terminate a particular transaction at
any time and this will be treated as an order for our termination service. We will confirm to you in writing or verbally if and when we have accepted your order for termination. See clause 12, and the
Sections of these terms and conditions that apply to the services you wish to
terminate, for details of the process and any costs and charges that apply.
Please Note: If you wish to terminate due to a material breach by us, for the
termination to be valid you must show us evidence of the breach if we ask (and
if it is reasonable in all the circumstances for us to ask).
*Termination of a contract by us: Before we terminate the contract, we will
always consider if any default or problem could be remedied. If it can, we will
attempt to contact you and work with you to try and remedy said breach.
However, when a default or problem in our view cannot be remedied, or it is
not remedied within reasonable time after we have attempted to contact you
regarding it and/or as a result of uncontrollable factors as set out in clause ****
we reserve the right to terminate. In this case we may terminate the contract or
a particular transaction by giving you written notice, or as permitted (if at all)
by a Section that applies. We can also terminate (or treat as being terminated)
the contract or a particular transaction or service, if we are released from our
obligations under the contract or in relation to any particular transaction.
Changes to your details: If you are an account user and there is any change to
the details that we required you to provide for us to set you up as an account
user, you must notify us of the changes immediately.
If you are not an account user and there is any difference between the details
we hold for you from an earlier or completed order and the details you supply
for any new order , we may require you to provide full and current ID for us to
verify in full as part of the preconditions of the new contract.
12: REMEDIES
We will act reasonably and proportionally when exercising
any remedies. We may choose to exercise the remedies set out below.
Reliance on your order We are entitled to rely on your order as being
complete and accurate. It is your responsibility to ensure that the order is
complete and accurate. Whilst we will carry out verification and check that
your order contains all information we may need, we read your order for our
own purposes and may not pick up errors or omissions. You cannot rely on us to
detect your errors or omissions. If we have to deal with errors or omissions it
may be a default or problem.
Additional information: You must provide additional information if we ask for
it and our request is reasonable. If you fail to provide such information when
asked it will constitute a material breach by you. It will always be reasonable
for us to ask for information relating to the preconditions.
Your Death or Incapacity: If you die or cease to have mental capacity your
personal representatives (following your death) or Deputy of the Court of Protection (in the event of your incapacity) must inform us as soon as possible of their appointment by submitting an order for our trustee service.
Suspension, refusal, blocking We have the following rights under
the contract if there is a default or problem or a material breach by you, or if
any insolvency on your part occurs, or if we have reasonable grounds to suspect
any of the foregoing. We may choose to exercise these rights in addition to any
right of termination we may have, or as an alternative. We will tell you that we
are exercising our rights, and we may do this by email, phone or by formal
written notice.
Our rights are that we may:
i: suspend processing of all or any part of your orders, offers,
or transactions; and/or
ii: suspend and/or stop you using all or any of the facilities which are
available to you by virtue of you being an account user; and/or
iii: suspend and/or stop provision of all or any services; and/or
iv: refuse to receive orders or offers or payments from you, and/or to
provide or operate user accounts and/or associated direct debits for you;
and/or
v: cancel your user accounts and/or your status as an account user, and/or
associated direct debits; and/or
vi: block your access to our website and/or helpline facilities.
Indemnity against tax
You must indemnify us on request against all or any direct or indirect taxes, duties, levies or similar payable by you in any
jurisdiction in relation to any contract, including for supply of goods or services. This means that if we are asked to make any such payment
for you, you must reimburse us.
Our right to withhold your property We can hold on to any item(s) that
belong to you or that you order, if you owe us any payment or other sum.
Exclusion of certain statutory rights The terms implied into contracts by Sections 13 to 15 (inclusive) of the Sale of Goods Act 1979 and by Sections 3 to 5 (inclusive) of the Supply of Goods and Services Act 1982 are, to the fullest
extent permitted by law, excluded from the contract.
13: VAT
We MAY charge and collect from you, and you must pay, United
Kingdom VAT at the rate applicable to the goods and services under
the contract. We will account to HM Revenue and Customs in relation to VAT
collected by us.
14: DATA PROTECTION
By submitting an order or offer to us you give us
your explicit consent allowing us to use your personal data as described in
the privacy statement. We use your personal information as a data controller.
The privacy statement is subject to change. The latest version is always
available on our website. Your consent applies to the privacy statement as it
stands at the date and time when you provide personal data and when we use it.
You agree that we may use personal information provided by you in order to
conduct appropriate anti-fraud checks. Personal information that you provide
may be disclosed to a credit reference or fraud prevention 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.
Your email address is essential in order for us to be able to supply you with
important information such as order confirmations and changes to the service,
by registering with us you accept that your email address may be used to supply
you with such information.
You can withdraw your consent at any time. This will constitute
a default or problem because it will make it difficult or impossible for us to
perform the contract or do anything else with or for you, and it may constitute
a material breach by you.
15: GUARANTEE AND COMPENSATION SCHEMES:
No guarantee funds or other compensation arrangements apply in relation to any of
our goods or services or to any payment or transaction.
16: GENERAL
Entire agreement: The order or offer as accepted by us, and these terms and
conditions, and documents referred to in these terms and conditions, constitute
the entire agreement between you and us concerning the contract. You
acknowledge that you have not relied on any statement, promise, representation,
assurance or warranty made or given by/or on behalf of us which is not set out
in the agreement. You acknowledge that we have not provided you with any
financial, investment or tax advice.
Exclusive status of these terms and conditions: These terms and conditions
apply to the contract to the exclusion of any other terms that you seek to impose
or incorporate, or which are implied by trade, custom, practice or course of
dealing, unless they are written in the order or offer which we accept.
Uncontrollable factors: We will not be liable to you as the result of any delay
or failure in the performance of our obligations under or in connection with
the contract which results from an event or occurrence which is beyond our reasonable control. In such circumstances we may choose to terminate the contract or the affected part(s) of it at any time by giving you written notice.
We are not obliged to buy metal from you. This is the case even if you bought
the goods from us.
Normally we will execute your offer or order within 2 working days of
the contract being formed, but we may take as long as we consider reasonable
in the circumstances. This will be if there are uncontrollable factors, such as
any insolvency, if for any reason there is exceptional demand for any of
our goods or services, or we are unable to purchase sufficient goods from our
suppliers to fulfil orders.
Authenticity: When you buy item(s) from us it is a sale by description, if you
wish to challenge the quality and authenticity of any item(s) you must do so by
sending us written notice, which we must receive within 10 working days of
you receiving the item(s) via our delivery or collection service.
Rights under the contract: We may assign the contract, transfer the contract to someone else, make it subject to mortgage or charge, or deal in any way with our rights under it. Your rights under the contract are personal,
however you may deal with them in these ways with our written consent.
Username and password Security: It is your responsibility to ensure the
confidentiality of your account username and password, and to inform us
immediately if you have any reason to believe that your password has become
known to anyone else. We do not accept any responsibility for unauthorised use
of your account where this is not the case.
Notices: Any notice or other communication under the contract must be given
in writing.
i: You must address notices to us at our registered office address and they
must be sent by “Signed For” Royal Mail post or similar, or by delivery
in return for a written receipt by courier or in person. Notices may be
given by email but must be forwarded to the intended recipient by post or
courier or personal delivery. Notices will be deemed delivered on the date
signed for.
ii: We must address notices to you at the address which you provide
as ID and which we verify or to the email address you provided for
your user account. If either address changes you must tell us.
These notice provisions do not apply to the service of any legal proceedings or
other documents in any legal action.
Severance: If any provision (or part of it) of the contract is or becomes invalid,
illegal or unenforceable, it will be deemed modified to the minimum extent
necessary to make it valid, legal and enforceable. If such modification is not
possible, the relevant provision (or part of it) will be deemed deleted.
Waiver: A waiver of any right or remedy under the contract or law is only
effective if it is in writing. Any waiver is specific to the time and circumstances
in which it is given, and will not set a precedent or reasonable expectation.
Third parties: A person who is not a party to the contract shall not have any
rights to enforce its terms or conditions.
Variation: Except as set out in these terms and conditions, no variation of
the contract, including any additional, supplementary or special terms and
conditions, shall be effective unless it is agreed in writing and signed by us.
17: LANGUAGE: We communicate in the English language. Our website,
other communications with you, and all our dealings with you before
the contract, will be conducted in English, and these terms and conditions are
available exclusively in English.
18: APPLICABLE LAW: The laws which apply to our dealings with you
before the contract and to the formation of the contract, and which apply whilst
the contract is in force, are the laws of the United Kingdom.
19: DISPUTES: If you wish to dispute any matter relating to the contract you
may raise the matter in writing addressed to our registered office address, for
the attention of TactiFresh. We will respond within 20 working days.
20: JURISDICTION FOR DISPUTES: The courts of the United Kingdom
shall have exclusive jurisdiction to settle any dispute or claim (whether or not it
is contractual) arising out of or in connection with the contract or its subject
matter or formation.
GOOD’s FOR DELIVERY
All our good’s are purchased for delivery as we do not offer storage of any kind as a service.
21: HOW YOU BUY GOODS
Ordering process: To buy goods from us, clause 4, above, applies.
The order must specify which item(s) you wish to buy. Before we fulfil the order, the preconditions must be met.
Price: The price of your order may include our charges for providing our
selling service, and will include our charges for providing any other services in the order and charges for delivery (if applicable) in addition to the price of the item(s).
Ownership and our liability: Subject to our rights and remedies stated, we
bear the risk of loss, damage or theft of the item(s) until our delivery services are complete.
The time and date when you become the legal owner of the item(s) depends on
what services you request from us, and is subject to our rights and remedies
under these terms and conditions.
If you buy item(s) and ask for a specific delivery service Subject to the preconditions, you become the legal owner of those item(s) when we complete delivery service.
Please Note: Once ownership of the item(s) has passed to you they are referred
to as your goods for the purposes of these terms and conditions.
Your obligations: When you are the legal owner of the item(s) your obligations
include paying all relevant taxes, duties and similar in relation to the item(s).
Your risks include the risks of loss, theft or damage of the item(s), and of
the item(s) causing loss or damage to you or us, or any other person.
Our obligations: Subject in this clause 25 and the preconditions, above, and to our rights and remedies under these terms and
conditions, we will sell the item(s) stated in the order to you.
Completion: Our obligations to sell the item(s) are completed when you become the legal owner of the item(s), or when we have been released from our obligations under our collection or delivery services in accordance with these terms and conditions.
22: DELIVERY TO YOU
Place and time of delivery: The goods will be delivered by our carrier to the
delivery address as stated in the order. The liability for any loss is yours where
delivery is subject to a postal redirection or to a PO Box or mail box address, or
a house of multiple occupation.
We cannot be held responsible for delays in delivery or collection as a result of
stock shortages, due to adverse weather, traffic delays, mechanical breakdowns
or other circumstances beyond our control. Any dates quoted for delivery are approximate only and the time of delivery will not be of the essence of the contract.
Please Note: All orders will be deemed delivered when signed for by any
person at the delivery address or confirmed as delivered by our couriers. You
must satisfy yourself before requesting any delivery that this will be secure as
any loss incurred after the delivery is signed for at the address or confirmed as
delivered by our couriers will be your liability. This may particularly be a risk
for you if you live in a house of multiple occupation or you choose delivery to a
work address.
You should not accept or sign for any delivery where the package has been
damaged, resealed or tampered with and instruct the courier to return the item to
us. We cannot accept any liability for loss once a package has been accepted by
any person at the delivery address.
Delivery in instalments: We may deliver the item(s) by instalments. This
means that the order will be delivered in two or more separate packages. If we
do this, each package will constitute a separate order, under a separate contract.
If there is any delay or other problem with delivery of one package you will
have rights and remedies under these terms and conditions in relation to that
package, not the other packages.
Investigation of non-delivery: We are entitled but not obliged to investigate
cases of non-delivery. We will consider investigating particularly if we suspect
fraud. We may commission others, including investigators and professional
advisers, to assist with any investigation.
Fraud: If you (either alone or with others) are found to have acted fraudulently
in relation to non-delivery, we will have no obligation to attempt fresh delivery
of replacement item(s). This will apply if you are found to have acted
fraudulently by (1) any court or tribunal finding or decision, or (2) reasonable
grounds for a suspicion established by any investigation by us or any law
enforcer.
Indemnity against loss: You must indemnify us on request against all and any
of our costs (including time spent by our staff) and expenses reasonably incurred in exercising our right to investigate non-delivery reported by you.
This means that if we ask, you must reimburse us. This indemnity will be
disapplied if you or our investigation into non-delivery can demonstrate there was no fraud, and that there are no reasonable grounds to suspect a fraud.
Your obligation to accept delivery: If no one accepts delivery at the delivery
address the item(s) will be returned to us if not collected from the local sorting
office. Normally we will try to contact you and attempt to re-deliver them. We do not normally treat this as a default or problem unless (for example) it happens repeatedly.
Ultimately, if we are unable to arrange re-delivery, or if re-delivery fails, it will
be a default or problem, and at our discretion we may either (1) sell
the item(s) and reimburse you for the sale price of the item(s) after deducting
our fees, charges and costs, or (2) move the item(s) to storage with one of our
subcontractors which will incur our storage and delivery service fees.
Liability for delivery factors outside your control: Failed delivery is deemed
to be always in your reasonable control unless it is demonstrably caused by us
or our carrier and not at all by you.
Exclusion of our liability if you delay or fail to take delivery: We will not be
liable to you for any delay in delivery of goods to you or for any non-delivery,
if it is caused by: (1) you being unavailable, (2) your instructions (or lack of
instructions) relevant for delivery, or (3) by a person or factor that is outside the
control of us or our carrier (e.g. traffic or emergency) or that is within your
control.
Limitation of our liability for our failure to deliver: Subject as above, and to
these terms and conditions, if a case of failed delivery is demonstrably caused
by us or our carrier and not at all by you or a person or factor that is within your
control, our liability shall be limited as follows (whichever applies):
i: If we or our carrier still hold the item(s): to the cost (if any) of re-
delivery.
ii: If we or our carrier do not hold the item(s): to the price (as stated in the
accepted order) of the item(s) contained in the package that was not
delivered, and the cost of our delivery service for that package.
We will be liable for failed delivery of a package containing the item(s) if there
is no fraud or error on your part and, for example, we confirm the package was
never sent, or our carrier confirms that the package was lost by the carrier, or
stolen from it.
Please Note: It will be at our discretion as to whether we meet liability for our
failure to deliver by replacing the item(s) or refunding to you the original price
stated in the accepted order.
Delivery tracking: Please read clause 18, above. Our Privacy Statement applies
when you use our delivery service.
Completion: Our delivery service is complete when we have completed our
delivery obligations under these terms and conditions, or when we have been
released from those obligations in accordance with these terms and conditions.
If things go wrong: We will always consider whether a situation can be fixed.
If it can, we will try to contact you and work with you to try and sort out what has gone wrong. If in our view it cannot be sorted out, or if we try but it is not resolved, we may exercise any of our remedies in clause 16. In the case of
a material breach by you or insolvency on your part we may terminate the contract.
Special Offer or Promotion
The details of any special offer/promotion will be published on our website.
Excluded from participation in any special offer/promotion are staff and
relatives of TactiFresh (including any/ all of its subsidiaries) and
cohabiting partners or family of the aforementioned employees. As well as any
participants/suppliers in respect of the particular special offer/promotion
(including advertising agencies, advertisers, sponsors or suppliers).
All participants in any special offer/promotion are obliged to provide accurate,
current and complete information when participating in the special
offer/competition.
We are entitled to, at our discretion and without notice, change or modify any
special offer or promotion we offer.
All members participating in the special offer/promotion must live in the United
Kingdom and each special offer/promotion is limited to one person per
household unless otherwise stated.
If you fail to claim any product or service on special offer within a reasonable
time frame you will lose your right to claim the product or service which is on
special offer/promotion.
The special offer/promotion is not transferable, exchangeable or payable in cash
or other products or services.
Any person participating in an offer/promotion must not spam or use unsolicited
email.
We have the right to disqualify participants from any offer/promotion at any
time and without giving prior notice.
GLOSSARY
account user: you, after we have verified you, and there may be a payment method in
our favour on your payment account, and we may have issued you with an account
card, and you have a username and password.
charges: our fees and charges for providing our services, and for packaging and
delivery. The circumstances when the fees and charges apply, and the amount of
the fees and charges (or the way in which they are calculated), is set out in
FAQs or on our website.
commencement date: the date when you place your order or offer, and
the contract starts.
contract: the contract formed between you and us formed by us accepting
the order or offer we receive from you.
default or problem: if there is a material breach by you under the contract, or
any insolvency on your part or as otherwise specifically identified in the terms
and conditions.
goods: a specific type or category of goods as described in the order. We own
all goods at all times until they have become your goods.
insolvency: where any one or more of the following circumstances arises in
relation to you in the United Kingdom (or a similar or analogous circumstance
in another jurisdiction), or it arises in relation to us and is not part of our solvent
reconstruction or solvent amalgamation with another organisation.
In relation to you: you are unable to pay your debts or are insolvent for
some other reason for the purposes of Section 123 of the Insolvency Act
1986, or you are the subject of a bankruptcy petition or order, or you die
or become incapable of managing your own affairs due to illness or
incapacity, or someone else is appointed to manage your affairs.
In relation to us: we are unable to pay our debts or are insolvent for some
other reason for the purposes of Section 268 of the Insolvency Act 1986,
or an order is made of our winding up or the appointment of an
administrator.
In relation to either you or us: you start negotiations with all or any of
your creditors with a view to rescheduling any of your debts, or you
propose or enter into any compromise or arrangement with all or any of your creditors, or a receiver is appointed over all or any of your assets, or any identical or similar event occurs in relation to us.
item(s): the specific quantity of the particular goods stated in the order.
liabilities: any liability, whether arising under the law of contract, tort or duty
of care (including negligence), breach of statutory duty, or otherwise
whatsoever.
material breach by you:
1. if you do not meet the preconditions within 2 weeks (or as otherwise
agreed with us) from the commencement date
2. if you do not provide payment for any transaction and/ or service plus
our tariff fees and charge for any default or problem
3. if you make payment via direct debit, and your direct debit instruction is
cancelled or we cannot obtain payment from it, or either of these outcomes result from you ceasing to be an account user
4. it comes to our attention that the details we hold about you as part of your
user account are incorrect or out of date and you do not correct or verify them promptly when asked
5. if you commit any fraud in relation to us (or we have reasonable grounds
to suspect a fraud by you)
6: any material breach by you of any of your material obligations stated in
the contract, or of a material duty of care or a material statutory duty
which you owe to us, where the breach demonstrably cannot be remedied
or you have not remedied it within a reasonable period of time after being
informed of it by us.
material breach by us: a material breach by us of any of our material
obligations stated in the contract, or of a material duty of care or a material
statutory duty which we owe to you, where the breach demonstrably cannot be
remedied or we have not remedied it within a reasonable period of time after
being informed of it by you.
mental capacity: mental capacity for the purposes of the Mental Capacity Act
2005.
non-delivery: where our carrier who delivers the package of item(s) to you tells
us that the package has been delivered, but you tell us that you have not taken
delivery.
order: an offer by you (made via our website, in person or by phone)
of payment for stated item(s) or services. This includes an order confirmed by
you after changes under clause 7.
ordered: ordered (with no right of appeal) by a Court or regulator which has
jurisdiction and power to make and enforce the order.
payment: payment in cleared funds for item(s) and/or services and/or
our tariff or any other charges, in an amount calculated by us in accordance
with our published prices (or otherwise agreed by us). An account user’s direct
debit instruction does not constitute payment.
payment account: a debit, credit, electronic money payment account of a type
that we accept and for which you are the sole holder or an authorised joint
holder.
person: includes a natural person, and a corporate or unincorporated body.
preconditions: those conditions more accurately described in clause 4 of the
terms and conditions of this contract that must be met before we are bound by
ANY/ ALL of our obligations in of those terms and conditions.
privacy statement: a document which you can find on our website, which
informs you about what personal information about you we will obtain, how we
intend to use your personal information, and who we may share it with and how
they may use it.
rights under the contract: your rights under the contract include the right to
receive services which we have agreed to provide.
amendment of name, address or bank details on the account we provide
to account users; us dealing with any default or problem; and/or any other
service(s) of ours that we promote on our website from time to time as being
available in return for payment. Each service will be as described in
the order or offer.
statutory rights: rights under the terms implied into the contract by Section 2
of the Supply of Goods and Services Act 1982, and
Section 12 of the Sale of Goods Act 1979 , and rights
which apply to defective products under the Consumer Protection Act 1987.
supplier, we, us or our: TactiFresh
Including ANY trading Name we may use.
tariff: our tariff of fees and charges which apply if there is any default or
problem. The circumstances when the fees and charges apply, and the amount
of the fees, and the way in which any charges are calculated, are set out in
FAQs.
transaction: your request to buy item(s) from us as stated in the order, or to
sell a specific item to us as stated in the offer.
user account: the account we provide for you when you register on our website
or in person or on the phone.
working day: a day other than a Saturday, Sunday or public holiday in the
United Kingdom (UK), and when the retail and clearing banks are open for
business.
you or your: the person who is identified in the order (or who submits the
offer).
your goods: item(s) which, subject to these terms and conditions, you have
bought and own. These may be delivered or collected by you or placed
into storage.
T’s & C’s - Terms Expanded For Clarity.
1. If you place an order to BUY item(s)
2. You make an offer to SELL an item to us (a product or item that you own and have the exclusive rights to sell).
3. Before an order or offer is accepted you must meet certain preconditions,
including making payment. Once ownership of
the item(s) passes to you they are referred to as your goods for the purposes of
these terms and conditions, i.e. It is your goods that are placed into storage
before delivery.
4. You are committed to your order or offer at the time it is placed, which is
when a contract is formed and you are then liable for the cost of
any goods or services you have requested.
5. There is a statutory right to return or cancel an order once placed under the Financial Services (Distance Marketing) Regulations 2004.
6. You should not accept or sign for any delivery where the package has been
damaged, resealed or tampered with and instruct the courier to return the
package to us. We cannot accept any liability for loss once a package has been
accepted by any person at the delivery address.
7. We are unable to accept any liability for packages that have been delivered to
houses of multiple occupancy, work addresses, PO boxes, mail boxes or where
a postal redirection is in place once signed for or confirmed by our couriers as
delivered to that address. Refer to clause 22, “Place and time of
delivery” for further details.
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