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These terms and conditions (“Terms”) help to keep the Tartan
Video website a safe place to trade and set out the full extent of any agreement
reached between you and Tartan Video in connection with the Tartan Video website
(“the Site”). You should understand that by placing an order, you accept the
following terms and conditions:
General
- The owner of this web site is Tartan Films Limited whose address is Tartan
Video, 28 Poland Street, London, W1D 6PB
- Your contract for purchases made through the Site is with Tartan Video,
and you undertake that any and all goods ordered by you are for your own
private and domestic use only.
- You must be eighteen years old to use this site. If you are under
eighteen, you may only use the site in conjunction with, and under the
supervision of, a parent or guardian. If you do not qualify, please do not use
the site.
- You agree that e-mail can be used as a long-distance means of
communication.
- No contract for the sale of any product will subsist between you and
Tartan Video unless and until Tartan Video accepts your order by way of an
e-mail confirming that it has received payment in full for all the goods you
have ordered. That acceptance will be deemed complete and will be deemed for
all purposes to have been effectively communicated to you at the time Tartan
Video sends the e-mail to you (whether or not you receive that e-mail). This
confirmation e-mail amounts to an acceptance by Tartan Video of your offer to
buy goods from Tartan Video or a third party supplier that is engaged on your
behalf by Tartan Video.
- This confirmatory e-mail will contain all relevant statutory information
concerning your contract.
- The confirmatory e-mail will also contain a link to these terms and
conditions, and may be amended in accordance with paragraph 43 below from time
to time.
- You must check that the details on this confirmatory e-mail are correct as
soon as possible and you should print out and keep a copy of it.
- The transaction
process on tartanvideo.com is handled by our partner SecureTrading (
www.secureTrading.com). Neither
Tartan Video or Secure Trading will pass on your personal or credit or debit
card details to any third party. We shall be entitled to process your data in
accordance with the terms of our Privacy Policy. Please view this document for
further information.
- You undertake that all details you provide to Tartan Video for the purpose
of ordering or purchasing goods or services are correct, that the credit or
debit card you are using is your own and that there are sufficient funds to
cover the cost of the goods or services ordered.
- You must choose a username and password on completion of registration. You
are responsible for all actions taken under that username and password and
shall only use the Site under your own username and password. You must make
every effort to keep your password safe and should not disclose it to anyone.
If it is compromised, you must change it. You may not transfer or sell your
username to anyone, nor permit, either directly or indirectly, anyone to use
your username or password.
- If there are any changes to the details supplied by you it is your
responsibility to inform Tartan Video as soon as possible.
- All purchases are non-exchangeable, non-refundable and
non-transferable.
- You may cancel your order at any time prior to your order being processed
by clicking on the ‘cancel’ link next to the product ordered on your account
page on the website. You may also withdraw from the contract at any time after
the product has been dispatched and you have received our email confirming
your order but no later than 7 working days after the day after you receive
the product by:
- Returning the goods to Tartan Video unopened together with the original
invoice. Tartan Video will refund you the purchase price of the
goods.
- Once Tartan Video receive notification from you that you wish to withdraw
from the contract (in accordance with these terms), any sum debited to Tartan
Video from your credit card in relation to your order will be re-credited to
that credit card account as soon as possible and in any event within 30 days
of your order provided that the goods you wish to return are received by
Tartan Video in the condition that they were in when delivered to you. You
will be liable for any charges incurred in returning the goods to Tartan
Video.
- Tartan Video
reserves the right to make a 15% restocking charge for any goods which are not
returned in mint condition or to refuse to accept such goods, at its sole
discretion. Tartan Video also reserves the right to make a charge for
collecting goods from your premises in circumstances where they are not
defective but you have cancelled your order. Your statutory rights are not
affected.
Liability
- This section applies only to the extent permitted by law. For the
avoidance of doubt, Tartan Video do not exclude or limit any liability for (a)
personal injury (including sickness and death) where such injury results from
Tartan Video’s negligence or wilful default, or that of Tartan Video’s
employees, agents or subcontractors or (b) fraudulent misrepresentation
- Tartan Video does not accept liability (except as set out below) for any
errors and omissions and reserve the right to change information, prices,
specifications and descriptions of listed goods, products and services.
- If an error is discovered in the price of the goods that you have ordered,
we will inform you as soon as possible. In the event that you order an item
and the price published on the Site is incorrect for any reason, we will
contact you to let you know the correct price and ask you whether you still
wish us to fulfil your order at this price. We shall be under no obligation to
fulfil an order for a product which was advertised at an incorrect price. We
shall give you the option of confirming the order at the correct price or if
you so choose, to cancel the order altogether. If you cancel and have already
paid for the goods in the circumstances described in this clause, we shall
refund the full amount in accordance with these Terms.
- Tartan Video will do its best to correct errors and omissions as quickly
as practicable after being notified of them.
- TO THE FULLEST EXTENT PERMITTED BY LAW, TARTAN VIDEO IS PROVIDING THIS
SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO (AND EXPRESSLY
DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
WITH RESPECT TO THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS
INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, TARTAN
VIDEO DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS
SITE IS ACCURATE, COMPLETE OR CURRENT.
- In the unlikely event that you receive goods which were not what you
ordered or which are damaged or defective, or are of a different quantity to
that stated on your order form, Tartan Video shall, at its own option, make
good any shortage or non-delivery, replace or repair any damaged or defective
goods, or refund to you the amount you paid for the goods in question PROVIDED
THAT you notify Tartan Video of the problem in writing at the address stated
in the confirmation e-mail within 10 working days of delivery of the goods.
NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.
- You and Tartan Video will only be liable under these Terms for losses
which are a reasonably foreseeable consequence of the relevant breach of
contract.
- The products sold on the Site are provided for private domestic and
consumer use only. Accordingly, Tartan Video do not accept liability for any
indirect loss, consequential loss, loss of data, loss of income or profit,
loss of damage to property and/or loss from claims of third parties arising
out of the use of the Site or for any products or services purchased from
Tartan Video.
- All electrical
products are covered by a twelve month manufacturer's warranty. If your
product develops a fault while under warranty, please contact Tartan Video and
we will advise you where to send it for repair. It is a "return to base"
warranty therefore there will be a delivery charge to return the product back
to the relevant UK service centre.
Processing of orders
- Credit and Debit cards are debited at the point of purchase by Secure
Trading Ltd. All prices include sales taxes (where applicable) unless
otherwise stated. There is no charge made of shipping if the delivery address
is within the United Kingdom. All other delivery address, including the
Channel Islands and Gibraltar, will incur a further charge of £1 (UK Sterling)
per item.
- Every purchase you make shall be deemed performed in United Kingdom.
United Kingdom law shall govern every aspect of contractual agreement
concerning purchases made from the Site.
- Tartan Video
aims to arrange shipment of all in stock items within 72 hours of receiving
your order. Your order may be delayed if the item is not in stock with our
suppliers. Some items may be unavailable and the current stock status is
approximate. Tartan Video are not able to supply dates our suppliers may get
an item in stock
Delivery/Title/Risk
- The period stated within which you will receive your order is approximate.
Goods will be sent to the address given by you in your order and stated in the
Order Confirmation. Please note that your goods may be sent to you in
instalments. You may cancel your entire order with us if subsequent
instalments forming part of your order are not delivered by us.
- Title to any product ordered will pass to you once Tartan Video has
received payment in full for that product. Risk in any product ordered will
pass upon delivery to you.
- If your delivery address is outside of the United Kingdom, you may be
subject to import duties and taxes, which are levied once a shipment reaches
your country. Any such additional charges for customs clearance must be borne
by you. You should note that customs policies vary widely from country to
country; Tartan Video advises each customer to contact their local customs
office for further information.
- Please note that when shipping products internationally, you should be
aware that cross-border shipments are subject to opening and inspection by
customs authorities.
- For Christmas
Deliveries, we recommend that you order by the 10th December. We will
endeavour to dispatch all 'In stock' orders within 72 hours, however we cannot
guarantee delivery on or before the 24th December as the post may be delayed
in your area.
Miscellaneous
- We shall have no liability to you for any delay in the delivery of
products ordered or any other matters to the extent that the delay is due to
any event outside our reasonable control, including but not limited to acts of
God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil
commotion, malicious damage, explosion, governmental actions and any other
similar events.
- We shall have no liability (including liability for negligence) for the
acts or omissions of telecommunications service providers or for failures of,
or faults in their networks and equipment.
- No waiver by us of any breach of these Terms shall be considered as a
waiver of any subsequent breach of the same or any other provision.
- You may not permit, create unauthorized framing of the Site or the
creation of derivative works thereof from any other website under your
management or control. This includes, but is not limited to, all graphical
elements, textual content and source code.
- In these Terms, “Intellectual Property Rights” means patents, database
rights, copyright, design rights (whether registered or unregistered), trade
marks (whether registered or unregistered) source code and other similar
rights, together with the right to apply for the protection of any such
rights. All Intellectual Property Rights in the Site shall be owned by us
absolutely.
- Subject to the licence granted to you to use the Site, Tartan Video
reserves all rights, title and interest in its Intellectual Property Rights in
the Site. Any goodwill accruing from use of Tartan Video and its affiliates'
trade marks, trade and business names and service marks under this Agreement
will vest in Tartan Video and its affiliates, as appropriate.
- It is a crime
to use a false name or a known invalid credit card to order. Anyone caught
wilfully entering an erroneous or fictitious order will be prosecuted to the
fullest extent of the law. Tartan Video tracks the electronic 'fingerprints'
of every order placed on Tartan Video to enable us and all legitimate crime
prevention and prosecution authorities to trace individual users engaging in
criminal activities on our website.
- We reserve the right to terminate this Agreement and to suspend or
terminate your access to the Site immediately and without notice to you if:-
- you fail to
make any payment to us when due;
- you breach
the terms of this Agreement (repeatedly or otherwise);
- when
requested by us to do so, you fail to provide us within a reasonable time
with sufficient information to enable us to determine the accuracy and
validity of any information supplied by you, or your identity;
- we suspect you have engaged, or about to engage, or have in any way been
involved, in fraudulent or illegal activity on the Site
- Tartan Video may amend these Terms from time to time, and place the new
version on the Site. When Tartan Video do so. For users purchasing goods or
registering on the Site for the first time, all purchases from the date that
the amended terms are placed on our website onwards will be governed by those
new terms Otherwise, such changes will be effective against existing users
thirty days following posting of the amended version on the Site. Your
continued use of the Site following Tartan Video’s posting of any changes will
constitute your acceptance of such changes. If you do not agree to any changes
to these Terms, then your only remedy is to cease using the Site.
- These Terms supersede any and all other conditions, understandings,
commitments, agreements or representations (except fraudulent
misrepresentations) relating to your purchase, whether oral or in writing, and
contain the entire agreement between Tartan Video and you relating to your
purchase. Tartan Video advises that you print off and keep safe a copy of
these terms and conditions once your order has been accepted by Tartan Video.
We will store a copy of the contract entered into by you with Tartan Video.
You are advised to read (and are responsible for reading) fully all
information on this website.
- If any provision of these Terms shall be held by any competent authority
to be invalid or unenforceable in whole or in part, the validity of the
remaining parts of these Terms and the remainder of the affected provision
shall be unaffected.
- These Terms are subject to the laws and exclusive jurisdiction of the
United Kingdom.
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