Terms and Conditions Of Sale
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
PLEASE NOTE BEFORE YOU COMPLETE YOUR CHECK OUT: If you purchase online via PayPal (but not if you request an invoice), you have immediate access to the digital content on this site and therefore, by proceeding with the purchase you agree that we shall immediately supply such content to you for your use, download or access in accordance with the terms and conditions of this agreement. Therefore, you accept and acknowledge that you shall have no right to cancel your purchase or withdraw from or terminate your contract with us once your order has been placed. All sales shall be final and no refunds will generally be available.
1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you). We are Flicker Tree Ltd whose trading name is That Reading Thing a company registered in England and Wales under number 09203016 whose registered office is at 255 Poulton Rd, Wallasey , CH44 4BT,
with email address email@example.com; (the Supplier or us or we).
2. These are the terms on which we sell all Services and Goods to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession; this includes a teacher or other employee purchasing our product for individual use and paying with personal funds;
4. Contract means the legally-binding agreement between you and us for the supply of the Goods and Services;
5. Delivery Location means the location where the Goods are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
8. Order means the Customer’s order for the Services from the Supplier as submitted following the step by step process set out on the Website;
10. Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;
11. Website means our website https://www.trtgo.com on which the Services are advertised.
12. The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied.
13. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
14. All Goods and Services which appear on the Website are subject to availability.
15. We can make changes to the Goods and Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Personal information and Registration
18. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
20. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
21. The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
22. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
23. A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order
Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.
24. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.
25. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
26. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Fees and Payment
27. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services are calculated on a fixed price.
28.VAT is not charged as the company is not VAT registered. This may change at any time.
29. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services. If you choose to pay by invoice and are paying as a business, please see our business terms and conditions.
30. Services will be available from time of payment, and we will deliver the Goods to the Delivery Location by the time or within the agreed period or, failing any agreement:
a. in the case of Services, within a reasonable time; and
b. in the case of Goods, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
31. In any case, regardless of events beyond our control, if we do not deliver the Services on time, we will adjust the expiry date of your access to the digital services or you can request a refund as long as the digital content is not accessed and the goods are returned to us.
32. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
33. If you treat the Contract at an end, and we have received the goods, we will (in addition to other remedies) promptly return all payments made under the Contract.
34. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the
costs of this.
35. Because the Goods and Services form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods and Services without also cancelling or rejecting the Order for the rest of them.
36. If, however, we accept an Order for delivery outside of England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands, you may need to pay import duties or other taxes, as we will not pay them.
37. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
38. If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
39. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
40. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
41. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and cancellation
42. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
43. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods and services (with no others) in the following circumstances:
a. goods that are made to your specifications or are clearly personalised;
b. digital goods. By paying online you have immediate access to the digital content on this site and therefore, by proceeding with the purchase you agree that we shall immediately supply such content to you for your use, download or access in accordance with the terms and conditions of this agreement. Therefore, you accept and acknowledge that you shall have no right to cancel your purchase or withdraw from or terminate your contract with us once your order has been placed. All sales shall be final and no refunds will generally be available.
Right to cancel
44. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason. This applies only if you have not logged in to the website: trtgo.com.
45. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier, indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of services only (without goods), the cancellation period will expire 14 days from the day the Contract was entered into. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
46. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post or email – ask for the correct mailing address). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
47. You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer’s decision to cancel the Contract on our website https://www.trtgo.com . If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.
48. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. Commencement of Services in the cancellation period.
49. We must not begin the supply of a service (being part of the Services) before the end of the cancellation period unless you have made an express request for the service.
Effects of cancellation in the cancellation period
50. If you cancel this Contract before logging into trtgo.com, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Timing of reimbursement
51. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
a. 14 days after the day we receive back from you any Goods supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
52. If we have offered to collect the Goods or if no Goods were supplied or to be supplied (ie it is a contract for the supply of services only), we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
53. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
54. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract.
55. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
56. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
57. It is not a failure to conform if the failure has its origin in your materials.
58. We will supply the Services with reasonable skill and care.
59. We will provide the following after-sales service: the supplier will email a registration code
for the TRT-Two support site.
Duration, termination and suspension
60. The Contract continues for 7 weeks from the date of registration on the site.
61. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
b. is subject to any step towards its bankruptcy or liquidation.
62. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
63. The benefit of this Contract may not be transferred to anyone else unless given express written permission by the Seller.
Circumstances beyond the control of either party
64. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and cancellation.
65. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
Governing law, jurisdiction and complaints
66. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
67. Disputes can be submitted to the jurisdiction of the courts of England and Wales.
68. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.
Model cancellation Form
Email address: firstname.lastname@example.org
I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods
[*] [for the supply of the following service [*], Ordered on [*]/received on
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper)
Date[*] Delete as appropriate.
These terms and conditions were created using a document from Rocket Lawyer