1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.5 "Seller" means Tao Technologies Ltd whose Registered Office is Nexus Building, Broadway, Letchworth Garden City, Hertfordshire SG6 3TA whose Company Number is 3505697 that owns and operates www.darkhammer.uk;
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
1.7 "Website" means www.darkhammer.uk
2.1 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Ticking the Acceptance of Terms and conditions box on checkout shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions. Acceptance of delivery of the Goods shall be deemed further evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 For the purposes of the Consumer Contracts Regulations, ticking the Acceptance of Terms and conditions box on checkout shall be deemed conclusive evidence of the Buyer's agreement to receive the required information by email.
2.5 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.
2.6 The seller has a duty to make sure that goods supplied are in conformity with the contract.
2.7 Any complaints should be addressed to the Seller's address stated in clause 1.5.
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 14 days.
3.3 Goods can be ordered using the website only. The technical steps the Buyer needs to take to complete the order process are those described on the website.
3.4 Where the buyer places an order on the website, having previously been banned or otherwise informed not to place orders with the sellers company, the seller may deduct an administration fee and a fee to cover card charges from the refunded transaction. This also applies where the buyer is placing an order on behalf of another buyer that has been informed not to place orders with the sellers company.
4 PRICE AND PAYMENT
4.1 The price of the Goods shall be that stipulated on the Website. The price is displayed both inclusive and exclusive of VAT. The price excludes delivery charges. For delivery charges please refer to the section on the website headed "Delivery"
4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the checkout prior to confirming the order.
4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.
4.4 Payment of the price plus VAT and delivery charges must be made in full before dispatch of the Goods. Goods will only be dispatched upon cleared payment.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
5.2 The Seller reserves the right to withdraw any Goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6 AGE OF CONSENT
6.1 Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
6.2 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
7.1 Delivery prices are quoted for designated UK mainland areas only. For additional information, delivery charges, delivery methods and dispatch times, please also refer to the section on the website headed "Delivery". For delivery outside of UK mainland areas, please contact us by e-mail on email@example.com
7.2 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
7.3 Delivery of the Goods shall be made to the Buyer's address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7.4 Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery, at the time delivery was attempted.
7.5 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
7.6 In the case of obvious shortages or suspected damage to deliveries of goods, the drivers delivery note must be signed accordingly by the person accepting the delivery on behalf of the buyer. All claims for broken or missing goods should be reported to the Seller no later than three working days from the date of delivery.
7.7 The Buyer would not be liable for any supplementary costs incurred due to delayed/lost/mis-routed orders.
8.1 CONSUMERS RIGHT TO CANCEL
8.1.1 You have the right to cancel this contract within 14 days without giving any reason.
8.1.2 The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and acting on your behalf acquires, physical possession of the goods (or in the case of multiple goods of the last good).
8.1.3 To exercise the right to cancel, you must inform us (Tao Technologies Ltd, The Nexus Building, Broadway, Letchworth, SG6 3TA) of your decision to cancel this contract using the cancellation form in schedule 1 (below), or by using the returns form on the website or by making any other clear statement setting out the decision to cancel the contract.
8.1.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
8.2 EFFECTS OF CANCELLATION
8.2.1 If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
8.2.2 We will make the reimbursement without undue delay, and not later than— (a) 14 days from the day you return any goods supplied, or provide evidence that you have returned them, or (b) if there were no goods supplied,14 days from the day on which we are informed about your decision to cancel this contract.
8.2.3 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
8.2.4 We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
8.2.5 You shall send back the goods without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
8.2.6 You will have to bear the direct cost of returning the goods. Some items can be returned by Royal Mail post, but some larger and heavier items may need to be sent by courier or other method. The cost will vary depending on the size and weight of the goods, and the company that you use to ship the goods. The cost is estimated at a maximum of approximately £10 for the largest, heaviest items.
8.2.7 We may make a deduction from the reimbursement, up to the full contract price, for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature and characteristics of the goods. In most case the nature of the goods can be determined from the outer packaging, website photos and descriptions.
8.2.8 In the case of a service contract, if you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract.
9 LIMITATION OF LIABILITY
9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller's agents or employees.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
11 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, failure of any communications, telecommunications or computer system, 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 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.
13 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
14 GOVERNING LAW AND JURISDICTION
These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.
Schedule 1 - Example Cancellation Form
To: Tao Technologies Ltd (Nexus Building, Broadway, Letchworth Garden City, Hertfordshire SG6 3TA, Fax: 0845 020 4391, E-Mail: firstname.lastname@example.org)
I/We* hereby give notice that I/we* cancel my/our* contract of sale for the following goods,
Ordered on* / Received on*,
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
*Delete as appropriate.