1. Who We Are
We are registered in England and Wales under company number 7988399 and with our registered office at TAB Retail LTD, Unit 2 Littlethorn Ind Estate, Woodville, Derbyshire, DE11 7DN. Our main trading address is TAB Retail LTD, Unit 2 Littlethorn Ind Estate, Woodville, Derbyshire, DE11 7DN. Our VAT number is 152467019.
2. Service availability
Our site is only intended for use by people resident in the United Kingdom (mainland only) and we reserve the right to not accept orders from individual’s resident elsewhere.
3. Your status
By placing an order through our site, you warrant that:
3.1 you are legally capable of entering into binding contracts;
3.2 you are at least 18 years old;
3.3 you are resident in the United Kingdom (mainland only); and
3.4 you are accessing our site from the United Kingdom (mainland).
4. How the contract is constituted between you and TAB Retail Limited
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by delivery of the goods at which point a legally binding contract is constituted between us. The contract between us will only be formed when we send you the goods. The processing of your payment and acknowledgement of your order does not constitute legal acceptance of your order.
4.2 The Contract will relate only to those Products we have confirmed by delivery. We will not be obliged to supply any other Products which may have been part of your order until the acceptance of such Products has been confirmed. We reserve the right not to deliver the goods ordered and to offer a refund or an alternative product.
4.3 Any drawings, photographs, descriptions on advertising we issue, and any photographs, descriptions or illustrations contained on our site, are issued or published solely for general guidance only. They do not form part of the Contract between you and us or any other contract between you and use for the sale of the Products. We recommend that you refer to the manufacturers' site if in any doubt.
5. Consumer rights
5.1 Cancellation of your order can be made within seven working days (Monday to Friday, excluding Bank Holidays) of delivery and returned for a full refund. We will refund the price you have paid for the goods, not including the cost of delivery. It is your responsibility to give notice of your wish to cancel within this cancellation period. (set out in clause 9 below).
5.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, unused, in the same condition in which you received them in all their orignal undamaged packaging and with all the original accessories and documentation at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. If the goods are not returned in a fully saleable condition and with all the original packaging and the original associated items then we reserve the right to refuse a refund or to deduct a reasonable amount equal to the consequent discounted re-sale value.
5.3 You will not have any right to cancel a Contract for the supply of any of the following Products:
5.3.1 computer software which has been unsealed; and
5.3.2 consumable goods except where a fault has been discovered that could not have been identified without unsealing the Products.
5.4 Details of this statutory right, are provided in these Terms and Conditions. This provision does not affect your statutory rights.
5.5 If you would like further information about your legal rights, please contact your local Trading Standards Department or Citizen Advice Bureau.
6. Availability and delivery
6.1 We aim to keep sufficient stock to meet orders without delay. However, occasionally this may not be possible, and if delivery is likely to be longer than five working days to UK mainland, we shall email or telephone you, given that you have provided these contact details with your order.
6.2 Delivery will be made to the address specified in your order. We will not be liable for any delay in delivering the goods which is due to events or circumstances beyond our reasonable control, or for any business losses.
6.3 Orders placed before the specified cut off time will be processed the same day and will be delivered in accordance with your delivery request providing further security checks are not required and all the Products are available. There will be no delivery until clear funds have been received.
6.4 Some products may be shipped on delivery services which will require an authorised signature upon delivering the goods to you. In the unlikely event that you have not received all the goods within the expected delivery time, please notify us immediately.
6.5 If Information regarding delivery services and costs to different locations in the UK is required please contact us before placing your order.
6.6 Telephone contact information may be needed by the carrier for orders so they may contact you directly if they have a problem delivering your order. Tracking of your order, once dispatched will be sent to you automatically.
7. Risk and title
7.1 The Products will be at your risk from the time of delivery.
7.2 Ownership of the Products will pass from us to you (the buyer) at the point of delivery.
7.3 The carrier will deliver larger or heavier items to the ground floor at the delivery address. You must make your own arrangements to re-locate the item.
7.4 Next day delivery is not guaranteed unless you confirm by phone or email before ordering.
8. Price and payment
8.1 The price payable for the goods you order is as set out at the time you place your order, plus any charges for delivery as set out in the order form.
8.2 The prices we quote are in pounds sterling and include VAT/taxes unless otherwise stated.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already been Confirmed.
8.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.6 We accept payment with Visa, Visa Electron, Mastercard, Maestro, Solo, Google Checkout and Paypal. We shall not despatch any Products until we receive cleared funds. No payment shall be deemed to have been received until we have received cleared funds. Please be aware that if you are using Paypal as your payment method we reserve the right to not ship to unconfirmed addresses.
9. Refunds, Returns and Cancellations
9.1 When you return a Product to us:
9.1.1 because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation In this case, we will refund the price of the Product in full. However, you will be responsible for the cost of returning the item to us. We recommend that all items are returned via a recorded delivery method, as we will not be liable for any damage or loss whilst in transit;
9.1.2 for any other reason (for instance, because you have notified us in accordance with clause 21 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and if you are entitled, we will notify you of our intentions to either repair, replace or refund via e-mail within a reasonable period of time. We will usually process your repair, replacement or refund as soon as possible and, in any case, within 30 days of receiving the defective Product. (Depending on the speed of processing by the account company). If you elect a refund of a Product returned by you because of a defect it will be refunded as per our refunds policy, including a refund of the part of the delivery charge which related to that defective Product for sending the item to you and the cost incurred by returning the defective Product to us. If you are entitled to a repair or replacement of a defective Product we will not charge you for redelivery of the repaired or replaced Product. If the returned Product is found not to be faulty or the fault is related to damage not reported at the time of delivery we will return the Product to you at your expense.
9.1.3 Products damaged in transit must be reported to us within 24 hours of delivery. If the damage to the packaging is obvious on delivery it is advisable to make a note of the damage on the carrier’s delivery note. This helps avoid the possibility of dispute as to responsibility for damage.
9.1.4 Products faulty on arrival must be reported to us as soon as possible after delivery. We recommend that Products are turned on as soon as possible after delivery to check that they are working correctly. Delays in checking, for any reason, may cause unnecessary delays in correcting the problem quickly. For faults developing within the manufacturer's warranty period, please see our Our Iiability (Warranties and Guarantees) section.
9.2 Any Orders that are over 6 months old and the Product has been confirmed to be defective and a refund is due, the refund will be calculated based on the age of the Order and you will be refunded a proportionate amount of the original purchase price of the Product. This does not include the carriage cost of the original Order which will not be refunded.
9.3 Refunds of any money received from you will be made using the originally payment method used by you to pay for your purchase and paid back into the same account.
9.4 The above terms do not apply for customised or upgrades Products (such as Laptops, Computers etc) that have been requested by the buyer.
9.5 We do not accept the return of software or extended warranties which have been opened with the seal broken or computers which have been registered in the customers name with the manufacturer, or not restored to factory setting, unless the item is faulty. We will not refund for damaged goods except where damages occur in transit to you or for goods not supplied by us, nor will be responsible in any way for goods not supplied by us.
10. Our liability (Warranties and Guarantees)
10.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied. This warranty does not apply to any defect in the Product arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Product in a way that we do not recommend, your failure to follow instructions, or any alterations or repair you carry out without our prior written approval.
10.1.1 Goods may be intended for use in the UK and we make no guarantees that the goods are suitable for use outside the UK, or comply with any laws, regulations or standards of any jurisdiction outside the UK.
10.2 You accept that any Products purchased which are listed as grade A, grade B, ex-display products or used stock (meaning they may have slight cosmetic defects, be a factory refurbished item or may have previously been sent out and sent back as an unwanted item) have a warranty of 30 days. (Unless stated otherwise at time of purchase).
10.2.1 All our goods come with a warranty unless stated otherwise at the time of purchase. The terms and conditions of these warranties will vary between manufacturers and within the product ranges of certain manufacturers. These terms and conditions of warranty provide information on period or duration, components covered, arrangements for correcting faults, countries covered by the warranty, and so on. We recommend that you check on the manufacturer’s website for details of warranties. Please read all manuals and safety instructions provided with Products and follow them carefully at all times.
10.2.2 To expedite repair under the terms of the warranty or to enquire about matters relating to the warranty please contact the manufacturer directly. They are in the best position to deal with a problem quickly and efficiently. Contact details are provided in the warranty document and are usually also on the manufacturers website.
10.2.3 Items being returned must be in a good condition. Items covered in dirt, water or other debris maybe rejected due to poor condition and the warranty maybe null and void.
10.2.4 The warranty of items returned with a broken tamper/warranty seal will be null and void.
10.3 Our liability for losses you suffer as a result of us breaching this agreement is strictly limited to the purchase price of the Product you purchased.
10.4 This does not include or limit in any way our liability:
10.4.1 for death or personal injury caused by our negligence;
10.4.2 under section 2(3) of the Consumer Protection Act 1987;
10.4.3 for fraud or fraudulent misrepresentation;
10.4.4 for any deliberate breaches of these Terms by us that would entitle you to terminate the contract between us; or
10.4.5 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.5 We are not responsible for any indirect or consequential losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of this Contract by us that would entitle you to terminate the Contract between us, including but not limited to:
10.5.1 loss of income or revenue;
10.5.2 loss of business;
10.5.3 loss of profits or contracts;
10.5.4 loss of anticipated savings;
10.5.5 loss of data, or
10.5.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this clause 10.5 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.1 or clause 10.2 or any other claims for direct financial loss that are not excluded by any of clauses 10.5.1 to 10.5.6 inclusive of this clause 10.5.
11. Data Protection
11.1 Except as expressly set out in these terms and conditions, all use of your personal information will be made in accordance with the law.
11.2 For your security, when ordering from us we only use Secure Socket Layer 3 (SSL3) technology, to ensure you cannot inadvertently place an order through an unsecured connection.
11.3 By registering any of your personal details with us, you are agreeing to allow us to contact you regarding any of our own products or services. We may pass your details to a third party unless otherwise indicated to by you.
12. Protecting your security
12.1 To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.
12.2 By accepting these Terms and Conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
12.3 During security checks we may ask for additional information or documentation to help support the data you have supplied.
13. Import duty
13.1 If you order Products from our site for delivery outside the UK, they may be subject to export/import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
13.2 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
14. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15. Notices
All notices given by you to us must be given to TAB Retail LTD, Unit 2 Littlethorn Ind Estate, Woodville, Derbyshire, DE11 7DN. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or five days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16. Transfer of rights and obligations
16.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17. Events outside our control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
17.2.1 strikes, lock-outs or other industrial action;
17.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
17.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
17.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
17.2.5 impossibility of the use of public or private telecommunications networks;
17.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18. Waiver
18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
19. Severability
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20. Entire agreement
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
21. Our right to vary these terms and conditions
21.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
21.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the order (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
22. Law and jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
