Terms and Conditions

Use of website

BACKGROUND: 

 

    These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.tclures.co.uk (“Our Site”).  Please read these Terms of Use carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site.  If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately.  These Terms of Use do not apply to the sale of goods.  Please refer to our Terms of Sale for more information.

 

  1. Definitions and Interpretation 

    1. In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

 

“Content”

means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

“User”

means a user of Our Site;

“We/Us/Our”

means TC Lures.

 

  1. Information About Us

  1. Our Site, www.tclures.co.uk, is owned and operated by TC Lures.

 

  1. Access to Our Site

    1. Access to Our Site is free of charge.

    2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.

    3. Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

  1. Intellectual Property Rights

    1. With the exception of User Content (see Clause 5), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.

    2. Subject to sub-Clauses 4.3 and 4.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.

    3. You may:

        1. Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);

        2. Download Our Site (or any part of it) for caching;

        3. Print one copy of any page(s) from Our Site;

        4. Download extracts from pages on Our Site; and

        5. Save pages from Our Site for later and/or offline viewing.

    4. Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.

    5. You may not use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.  This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.

    6. Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

 

  1. Links to Our Site

  1. You may link to Our Site provided that:

      1. you do so in a fair and legal manner;

      2. you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

      3. you do not use any logos or trade marks displayed on Our Site without Our express written permission; and

      4. you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

  2. You may link to any page of Our Site.

  3. Framing or embedding of Our Site on other websites is not permitted without Our express written permission.  Please contact Us at tclures@icloud.com

  4. You may not link to Our Site from any other site the main content of which contains material that:

      1. is sexually explicit;

      2. is obscene, deliberately offensive, hateful or otherwise inflammatory;

      3. promotes violence;

      4. promotes or assists in any form of unlawful activity;

      5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;

      6. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

      7. is calculated or is otherwise likely to deceive another person;

      8. is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

      9. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);

      10. implies any form of affiliation with Us where none exists;

      11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or

      12. is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

 

  1. Links to Other Sites

Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

 

  1. Disclaimers

  1. Nothing on Our Site constitutes advice on which you should rely.  It is provided for general information purposes only.  Professional or specialist advice should always be sought before taking any action on the basis of any information provided on Our Site.

  2. Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.  If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies.  For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

  3. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.  Please note that this exception does not apply to information concerning goods for sale through Our Site.  Please refer to Our Terms of Sale for more information.

  4. We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content.  Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.

 

  1. Our Liability

  1. The provisions of this Clause 8 apply only to the use of Our Site and not to the sale of goods, which is governed separately by Our Terms of Sale.

  2. To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.

  3. To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.

  4. Our Site is intended for non-commercial use only.

  5. We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware.  However, subject to sub-Clause 9.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.

  6. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

  7. Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

 

  1. Viruses, Malware and Security

  1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.

  2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

  3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

  4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

  5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

  6. By breaching the provisions of sub-Clauses 9.3 to 9.5, you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.

 

  1. Acceptable Usage Policy

  1. You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 10.  Specifically:

      1. you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

      2. you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

      3. you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

      4. you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

  2. We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms of Use.  Specifically, We may take one or more of the following actions:

      1. issue you with a written warning;

      2. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

      3. take further legal action against you as appropriate;

      4. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

      5. any other actions which We deem reasonably appropriate (and lawful).

  3. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.

 

  1. Privacy and Cookies

Use of Our Site is also governed by Our Cookie and Privacy Policies.  These policies are incorporated into these Terms of Use by this reference.

 

  1. Changes to these Terms of Use

  1. We may alter these Terms of Use at any time.  Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.

  2. In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

 

  1. Contacting Us

To contact Us, please email Us at tclures@icloud.com or using any of the methods provided on Our contact page.

 

  1. Communications from Us

  1. If We have your contact details we may from time to time send you important notices by email.  Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, Our Terms of Sale, and changes to your Account.

  2. We will never send you marketing emails of any kind without your express consent.  If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by Us include an unsubscribe link.  If you opt out of receiving emails from us at any time, it may take up to 7 business days for Us to comply with your request.  During that time, you may continue to receive emails from Us.

  3. For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at tclures@icloud.com or via the contact page.

 

  1. Data Protection

  1. All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

  2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy and Cookie Policy.

 

  1. Law and Jurisdiction

  1. These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of Scotland.

  2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.

  3. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency. 

  4. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the [non] exclusive jurisdiction of the courts of Scotland.

Privacy Policy

BACKGROUND:

 

TC Lures understands that your privacy is important to you and that you care about how your personal data is used. I respect and value the privacy of everyone who visits this website, www.tclures.co.uk (“My Site”) and will only collect and use personal data in ways that are described here, and in a way that is consistent with my obligations and your rights under the law.

 

Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of this Privacy Policy is requested.

 

  1. Definitions and Interpretation 

In this Policy the following terms shall have the following meanings:  

 

“Cookie”

means a small text file placed on your computer or device by My Site when you visit certain parts of My Site and/or when you use certain features of My Site. Details of the Cookies used by My Site are set out in Part 14, below; and

“Cookie Law”

means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;

 

  1. Information About Me

My Site is owned and operated by TC Lures.

 

  1. What Does This Policy Cover?

This Privacy Policy applies only to your use of My Site. My Site may contain links to other websites. Please note that I have no control over how your data is collected, stored, or used by other websites and I advise you to check the privacy policies of any such websites before providing any data to them.

 

  1. What Is Personal Data?

Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) and the Data Protection Act 2018 (collectively, “the Data Protection Legislation”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.

Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.

 

  1. What Are My Rights?

Under the Data Protection Legislation, you have the following rights, which I will always work to uphold:

    1. The right to be informed about my collection and use of your personal data. This Privacy Policy should tell you everything you need to know, but you can always contact me to find out more or to ask any questions using the details in Part 15.

    2. The right to access the personal data I hold about you. Part 13 will tell you how to do this.

    3. The right to have your personal data rectified if any of your personal data held by me is inaccurate or incomplete. Please contact me using the details in Part 15 to find out more.

    4. The right to be forgotten, i.e. the right to ask me to delete or otherwise dispose of any of your personal data that I hold. Please contact me using the details in Part 15 to find out more.

    5. The right to restrict (i.e. prevent) the processing of your personal data.

    6. The right to object to me using your personal data for a particular purpose or purposes.

    7. The right to withdraw consent. This means that, if I am relying on your consent as the legal basis for using your personal data, you are free to withdraw that consent at any time.

    8. The right to data portability. This means that, if you have provided personal data to me directly, I am using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask me for a copy of that personal data to re-use with another service or business in many cases.

    9. Rights relating to automated decision-making and profiling. I do not use your personal data in this way.

For more information about my use of your personal data or exercising your rights as outlined above, please contact me using the details provided in Part 15.

It is important that your personal data is kept accurate and up-to-date. If any of the personal data I hold about you changes, please keep me informed as long as I have that data.

Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.

If you have any cause for complaint about my use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office. I would welcome the opportunity to resolve your concerns myself, however, so please contact me first, using the details in Part 15.

 

  1. What Data Do You Collect and How?

Depending upon your use of My Site, I may collect and hold some or all of the personal data. Please also see Part 14 for more information about my use of Cookies and similar technologies and my Cookie Policy.  I do not collect any ‘special category’ or ‘sensitive’ personal data, personal data relating to children or data relating to criminal convictions and/or offences.

 

  1. How Do You Use My Personal Data?

Under the Data Protection Legislation, I must always have a lawful basis for using personal data.

I will only use your personal data for the purpose(s) for which it was originally collected unless I reasonably believe that another purpose is compatible with that or those original purpose(s) and need to use your personal data for that purpose. I do use your personal data in this way and you wish me to explain how the new purpose is compatible with the original, please contact me using the details in Part 15.

I need to use your personal data for a purpose that is unrelated to, or incompatible with, the purpose(s) for which it was originally collected, I will inform you and explain the legal basis which allows me to do so.

In some circumstances, where permitted or required by law, I may process your personal data without your knowledge or consent. This will only be done within the bounds of the Data Protection Legislation and your legal rights.

 

  1. How Long Will You Keep My Personal Data?

I will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept)

 

  1. How and Where Do You Store or Transfer My Personal Data?

I will only store or transfer your personal data within the UK. This means that it will be fully protected under the Data Protection Legislation.

 

  1. Do You Share My Personal Data?

I will not share any of your personal data with any third parties for any purposes, subject to the following exception[s].

If I sell, transfer, or merge parts of my business or assets, your personal data may be transferred to a third party. Any new owner of my business may continue to use your personal data in the same way(s) I have used it, as specified in this Privacy Policy.

In some limited circumstances, I may be legally required to share certain personal data, which might include yours, if I am involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.

 

  1. How Can I Control My Personal Data?

  1. In addition to your rights under the Data Protection Legislation, set out in Part 5, when you submit personal data via My Site, you may be given options to restrict my use of your personal data. In particular, I aim to give you strong controls on my use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from me which you may do by unsubscribing using the links provided in my emails.

  2. You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.

 

  1. Can I Withhold Information?

You may access certain areas of my Site without providing any personal data at all.

You may restrict my use of Cookies. For more information, see Part 14 of my Cookie Policy.

 

  1. How Can I Access My Personal Data?

If you want to know what personal data I have about you, you can ask me for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.

All subject access requests should be made in writing and sent to the email address shown in Part 15.

There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover my administrative costs in responding.

I will respond to your subject access request within one month of receiving it. Normally, I aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date I receive your request. You will be kept fully informed of my progress.

 

  1. How Do You Use Cookies?

My Site may place and access certain first-party Cookies on your computer or device. First-party Cookies are those placed directly by me and are used only by me. I use Cookies to facilitate and improve your experience of My Site and to provide and improve my products. I have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.

By using My Site, you may also receive certain third-party Cookies on your computer or device. Third-party Cookies are those placed by websites, services, and/or parties other than me. Third-party Cookies are used on My Site for example Wix to power my online shop and Square to take online payments.

All Cookies used by My Site are used in accordance with current Cookie Law.

Before Cookies are placed on your computer or device, you will be shown a pop-up requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling me to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of My Site may not function fully or as intended.

My Site uses analytics services provided by Google analytics. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling me to better understand how My Site is used. This, in turn, enables me to improve My Site and the products offered through it.

The analytics service(s) used by My Site use(s) Cookies to gather the required information. You do not have to allow me to use these Cookies, however whilst my use of them does not pose any risk to your privacy or your safe use of My Site, it does enable me to continually improve My Site, making it a better and more useful experience for you.

In addition to the controls that I provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all Cookies or only third-party Cookies. By default, most internet browsers accept Cookies, but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.

You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.

It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.

 

  1. How Do I Contact You?

To contact me about anything to do with your personal data and data protection, including to make a subject access request, please email tclures@icloud.com.

 

  1. Changes to this Privacy Policy

I may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if I change my business in a way that affects personal data protection.

Any changes will be immediately posted on my Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of my Site following the alterations. I recommend that you check this page regularly to keep up-to-date. This Privacy Policy was last updated on 7 March 2020.

Terms of sale

BACKGROUND:

 

    These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this website, www.tclures.co.uk (“Our Site”).  Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site.  You will be required to read and accept these Terms of Sale when ordering Goods.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site.  These Terms of Sale, as well as any and all Contracts are in the English language only.

 

 

  1. Definitions and Interpretation 

    1. In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

 

“Contract”

means a contract for the purchase and sale of Goods, as explained in Clause 8;

“Goods”

means the goods sold by Us through Our Site;

“Order”

means your order for Goods;

“Order Confirmation”

means our acceptance and confirmation of your Order;

“Order Number”

means the reference number for your Order; and

“We/Us/Our”

means TC Lures.

 

  1. Information About Us

  1. Our Site, www.tclures.co.uk, is owned and operated by TC Lures.

 

  1. Access to and Use of Our Site

    1. Access to Our Site is free of charge.

    2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.

    3. Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

    4. Use of Our Site is subject to our Website Terms of Use.  Please ensure that you have read them carefully and that you understand them.

  1. Business Customers

These Terms of Sale do not apply to customers purchasing Goods in the course of business. 

 

 

  1. Goods, Pricing and Availability

  1. We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods.  Please note, however, the following:

      1. Images of Goods are for illustrative purposes only.  There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;

      2. Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary and

      3. Due to the nature of the Goods sold through Our Site, there may be up to a 5% variance in the size and weight, of those Goods between the actual Goods and the description.

  2. Please note that sub-Clause 5.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether.  Please refer to Clause 9 if you receive incorrect Goods (i.e. Goods that are not as described).

  3. Where appropriate, you may be required to select the required size, model, colour, number, of the Goods that you are purchasing.

  4. We cannot guarantee that Goods will always be available.  Stock indications are provided on Our Site.

  5. Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues.  Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods.

  6. We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online.  We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.  Changes in price will not affect any order that you have already placed.

  7. All prices are checked by Us before We accept your Order.  In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake.  If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order.  If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it).  We will not proceed with processing your Order in this case until you respond.  If We do not receive a response from you within 7 days, We will treat your Order as cancelled and notify you of this in writing.

  8. In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.

  9. Delivery charges are not included in the price of Goods displayed on Our Site.  For more information on delivery charges, please refer to our website.  Delivery options and related charges will be presented to you as part of the order process.

 

  1. Orders – How Contracts Are Formed

  1. Our Site will guide you through the ordering process.  Before submitting your Order you will be given the opportunity to review your Order and amend it.  Please ensure that you have checked your Order carefully before submitting it.

  2. If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible.  If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it.  If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end.  If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.

  3. No part of Our Site constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acceptance is indicated by Us sending you an Order Confirmation by email.  Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.

  4. Order Confirmations shall contain the following information:

      1. Your Order Number;

      2. Confirmation of the Goods ordered including full details of the main characteristics of those Goods;

      3. Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;

      4. Estimated delivery date(s).

  5. In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing.  No payment will be taken under normal circumstances.  If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 5 working days.

  6. Any refunds due under this Clause 6 will be made using the same payment method that you used when ordering the Goods.

 

  1. Payment

  1. Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process.  Your chosen payment method will not be charged until We dispatch your Goods.

 

  1. Delivery, Risk and Ownership

  1. All Goods purchased through Our Site will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 12).

  2. If for any reason we are unable to deliver the Goods to your chosen delivery address, we will leave a note informing you that the Goods have been returned to our premises with instructions for arranging re-delivery. If you do not collect the Goods or arrange for re-delivery, we will contact you to ask for further instructions. We may charge you for storage costs and for re-delivery. If we cannot contact you despite our reasonable efforts, or we cannot arrange re-delivery or collection, we may end the Contract and issue you with a refund but may deduct a reasonable sum in compensation for any net costs incurred by us as a result.

  3. In the unlikely event that We fail to deliver the Goods within 30 calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 8.1), if any of the following apply you may treat the Contract as being at an end immediately:

      1. We have refused to deliver your Goods; or

      2. In light of all relevant circumstances, delivery within that time period was essential; or

      3. You told Us when ordering the Goods that delivery within that time period was essential.

  4. If you do not wish to cancel under sub-Clause 10.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date.  If We fail to meet the new deadline, you may then treat the Contract as being at an end.

  5. You may cancel all or part of your Order under sub-Clauses 8.3 or 8.4 provided that separating the Goods in your Order would not significantly reduce their value.  Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you within 7 days.  Please note that if any cancelled Goods are delivered to you, you must return them to Us or arrange with Us for their collection.  In either case, We will bear the cost of returning the cancelled Goods.

  6. Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the address you have provided.

  7. Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).

  8. Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Goods.

 

  1. Faulty, Damaged or Incorrect Goods

  1. By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences).  If any digital content is included in the Goods, that digital content must also conform.  If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact Us at tclures@icloud.com as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement.  Your available remedies will be as follows:

      1. Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject the Goods and to receive a full refund if they do not conform as stated above.

      2. If you do not wish to reject the Goods, or if the 30 calendar day rejection period has expired, you may request a repair of the Goods or a replacement.  We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you.  In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund.  If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods.  If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.

      3. If, after a repair or replacement, the Goods still do not conform (or if We cannot repair or replace them, as described above, or have failed to act within a reasonable time or without significant inconvenience to you), you may ask Us to attempt the repair or replacement again (you do not have to give Us multiple opportunities to do so if you do not want to), or you have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.

      4. If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.

      5. Within a period of six years after you have received the Goods (and ownership of them), if the Goods do not last a reasonable length of time, you may be entitled to a partial refund.  Please be aware that after six months have passed since you received the Goods, the burden of proof will be on you to prove that the defect or non-conformity existed at the time of delivery.

  2. Please note that you will not be eligible to claim under this Clause 9 if We informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage.  Please also note that you may not return Goods to Us under this Clause 9 merely because you have changed your mind.  If you are a consumer, you have a legal right to a 14 calendar day cooling-off period within which you can return Goods for this reason.  Please refer to Clause 10 for more details.

  3. To return Goods to Us for any reason under this Clause 9, please contact Us at tclures@icloud.com to arrange for a collection and return.  We will be fully responsible for the costs of returning Goods under this Clause 9 and will reimburse you where appropriate.

  4. Refunds (whether full or partial, including reductions in price) under this Clause 9 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.

  5. Any and all refunds issued under this Clause 9 will include all delivery costs paid by you when the Goods were originally purchased.

  6. Refunds under this Clause 9 will be made using the same payment method that you used when ordering the Goods.

  7. For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

    

  1. Cancelling and Returning Goods if You Change Your Mind

  1. If you are a consumer, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason.  This period begins once your Order is complete and We have sent you your Order Confirmation, i.e. when the Contract between you and Us is formed.  You may also cancel for any reason before We send the Order Confirmation.  

  2. If you wish to exercise your right to cancel under this Clause 10, you must inform Us of your decision within the cooling-off period.  You may do so in any way you wish. Cancellation by email or by post is effective from the date on which you send Us your message.  Please note that the cooling-off period lasts for whole calendar days.  If, for example, you send Us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.  If you would prefer to contact Us directly to cancel, please use the following details:

      1. Email: tclures@icloud.com

In each case, providing Us with your name, address, email address, telephone number, and Order Number.

  1. We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however please note that you are under no obligation to provide any details if you do not wish to.

  2. Please note that you may lose your legal right to cancel under this Clause 10 in the following circumstances:

      1. If the Goods have been personalised or custom-made for you.

  3. Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 10.

  4. You may return Goods to Us by post or another suitable delivery service of your choice to Our returns address.  Please contact tclures@icloud.com for the returns address.  Please contact Us at tclures@icloud.com to arrange for a collection and return.  Please note that you must bear the costs of returning Goods to Us if cancelling under this Clause 10.  We will also charge you the direct cost to Us of collection if you request that We collect the Goods from you. 

  5. Refunds under this Clause 10 will be issued to you within 14 calendar days of the following:

      1. The day on which We receive the Goods back; or

      2. The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier than the day under sub-Clause 10.7.1); or

      3. If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.

  6. Refunds under this Clause 10 may be subject to deductions in the following circumstances:

      1. Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop).  Please note that if We issue a refund before We have received the Goods and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that the Goods have been handled excessively.

  7. Refunds under this Clause 10 will be made using the same payment method that you used when ordering the Goods.

 

  1. Our Liability to Consumers

  1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence.  Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.

  2. We only supply goods for domestic and private use by consumers.  We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale).  We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

  3. Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

  4. Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer.  For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

 

  1. Events Outside of Our Control (Force Majeure)

  1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.

  2. If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:

      1. We will inform you as soon as is reasonably possible;

      2. We will take all reasonable steps to minimise the delay;

      3. To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;

      4. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;

      5. If the event outside of Our control continues for more than 14 days We will cancel the Contract and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 7 days of the date on which the Contract is cancelled;

      6. If an event outside of Our control occurs and you wish to cancel the Contract as a result, you may do so by email to tclures@icloud.com.

In each case, providing Us with your name, address, email address, telephone number, and Order Number.  Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 7 days of the date on which the Contract is cancelled.

 

 

  1. Communication and Contact Details

  1. If you wish to contact Us with general questions or complaints, you may contact Us by email at tclures@icloud.com.

  2. For matters relating the Goods or your Order, please contact Us by email at tclures@icloud.com.

  3. For matters relating to cancellations, please contact Us by email at tclures@icloud.com.

 

  1. Complaints and Feedback

  1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

  2. If you wish to complain about any aspect of your dealings with Us, please contact Us  by email at tclures@icloud.com.

 

  1. How We Use Your Personal Information (Data Protection)

  1. All personal data that We may collect about you and use will be collected, held, and processed in accordance with UK data protection law (including, but not limited to, the GDPR (and any successor legislation which applies following the UK’s departure from the European Union), the Data Protection Act 2018, and the Privacy and Electronic Communications (EC Directive) Regulations 2003).

  2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy and Cookie Policy.

 

  1. Other Important Terms

  1. We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.

  2. You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission. 

  3. The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale. 

  4. If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale.  The remainder of these Terms of Sale shall be valid and enforceable.

  5. No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

  6. We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.  If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.  If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 7 days of your cancellation.

 

  1. Law and Jurisdiction

  1. These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of Scotland.

  2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 20.1 above takes away or reduces your rights as a consumer to rely on those provisions.

  3. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency. 

  4. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the [non] exclusive jurisdiction of the courts of Scotland.

 
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TC Lures Marc Cowling