Terms and Conditions
This page tells you the terms and conditions under which we supply any product found on this website (“Product”) to you.
Please read these terms and conditions carefully before ordering any Product from this website. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. Information about us
http://respect.tmgsupport.co.uk is operated by TMG Support Ltd t/a TMG Support ("we", "us" and "our"). We are registered in England and Wales under company number 8163420 and have our registered office at 1 Wilford Business Park, Ruddington Lane, Nottingham NG11 7EP. Our main trading address is our registered office. Our VAT number is GB143430151.
2. Your status
By placing an order through you warrant that:
2.1. you are legally capable of entering into binding contracts; and
2.2. you are at least 18 years old.
3. How the contract is formed between you and us
3.1. After placing any Product order, you will receive an email 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 sending you an email that confirms that the Product has been dispatched (the "Dispatch Confirmation"). The contract between us ("Contract") will only be formed when we send you the Dispatch Confirmation.
3.2. The Contract will relate only to the Product whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products that may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
4. Consumer rights
4.1. If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you receive the Product(s) that is/are the subject of that Contract, in which case you will receive a full refund of the price paid for such Product(s) subject to and in accordance with clause 8 below.
4.2. To cancel a Contract, you must inform us in writing. You must also return the Product(s) that is/are the subject of that Contract to us immediately, in the same condition in which you received such Product(s) and at your own cost and risk. You have a legal obligation to take reasonable care of the Product(s) while in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
You will not have any right to cancel a Contract if any Product packaging has been un-sealed unless the Product is faulty. Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
5. Availability and delivery
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
6. Risk and title
6.1. Any Product will be at your risk from the time of its delivery to you.
6.2. Ownership of any Product will only pass to you when we receive full payment of all sums due in respect of the Product, including delivery charges.
7. Price and payment
Our terms for payment are strictly 30 days from the invoice date. If payment is not received we reserve the right to clain your unpaid debt as well as compensation and interest at 8% above the Bank of England base rate.
7.1. The price of any Product will be as quoted on this website from time to time, except in cases of obvious error, and is in pounds sterling.
7.2. The price of any Product includes VAT,and delivery costs will be charged separately, unless stated otherwise.
7.3. The price of any Product is liable to change at any time, but any such change will not affect any order in respect of which we have already sent you a Dispatch Confirmation.
7.4. Payment by you of all sums due in respect of any Product must be by credit or debit card, through the use of an applicable voucher, and/or by or through the use of such other means of payment or payment mechanism as is agreed by us in relation to the payment thereof. With regard to any voucher which may be used for the part or full payment of any or all sums due in respect of any Product: (i) the voucher cannot be exchanged for money; (ii) the voucher can only be used once and can only be used for one transaction; (iii) if all of the discount(s) to which the user is entitled under the voucher is/are not fully used in one transaction, the remainder of the user’s discount entitlement under the voucher is lost; (iv) the voucher cannot be reactivated and must be used within the validity period indicated; and (v) in the case of any Contract cancelled under clause 4 above in respect of which a voucher has been used for the part or full payment of any or all sums due in respect of the relevant Product(s), we will not refund the value of the voucher and will (subject to clause 8 below) only refund such sums as have actually been paid over by you in respect of such Product(s).
7.5. We do not store credit cards details. We do not share customer details with third parties.
8. Our refunds policy
8.1. When you return a Product to us:
8.1.1. because you have cancelled the Contract between us within the seven-day cooling-off period under clause 4 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, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us; or
8.1.2. for any other reason (for instance,because you have notified us in accordance with clause 19 below 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 will notify you of what (if any) refund you are entitled to via e-mail within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. Any Product returned by you because of a defect, which we in turn verify, will be refunded in full, including the cost incurred by you in returning the item to us.
8.2. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9. Our liability
9.1. We warrant to you that any Product purchased from us through this website will be of satisfactory quality and reasonably fit for the purpose for which products of that kind are commonly supplied.
9.2. Subject to clause 9.3 below, our liability for any losses or damage you suffer as a result of us breaching a Contract: (i) is strictly limited to direct losses and damage that are a foreseeable consequence of us breaching theContract; and (ii) shall not in any event exceed the purchase price of the Product(s) that you purchased under that Contract. Losses are foreseeable where you and we could contemplate them at the time your order is accepted by us.
9.3. We do not exclude or limit in any way,or attempt to exclude or limit in any way, our liability:
9.3.1. for death or personal injury caused by our negligence;
9.3.2. under section 2(3) of the ConsumerProtection Act 1987;
9.3.3. for fraud or fraudulent misrepresentation; or
9.3.4. for any matter for which it would be illegal for us to exclude or limit, or attempt to exclude or limit, our liability.
9.4. Subject to clause 9.3 above, we are not responsible or liable for any losses which are not foreseeable by you and us or for any indirect losses which happen as a side effect of any direct and foreseeable losses or damage resulting from us breaching a Contract, including (but not limited to):
9.4.1. loss of income or revenue;
9.4.2. loss of business;
9.4.3. loss of profits or contracts;
9.4.4. loss of anticipated savings; or
9.4.5. loss of data;
provided that this clause 9.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 9.1 or clause 9.2 or any other claims for direct financial loss that are not excluded by any of the categories of loss set out in thisclause 9.4.
10. Import duty
10.1. If you order any Product from this website for delivery outside the UK, it may be subject to import duties and taxes that 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.
10.2. Please also note that 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.
11. Intellectual property rights
11.1. We and/or our licensors are the owner(s) of all intellectual property rights in this website and in all materials and works published on this website. Copyright laws and treaties around the world protect all such materials and works. All such rights are reserved.
11.2. You must not resell or otherwise use or reuse for any commercial or non-commercial purposes (except your own private use), in whole or in part, any materials or works published on this website without obtaining our prior written consent.
12. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using this website, you accept that communication with us will be mainly electronic.We will contact you by email or provide you with information by posting notices on this 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
All notices given by you to us must begiven to TMG.TV Ltd at 1 Wilford Business Park, Ruddington Lane, NottinghamNG11 7EP. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause12 above. Notice will be deemed received and properly served immediately when posted on this website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove that, in the case of a letter, such letter was properly addressed, stamped and placed in the post and that, in the case of anemail, such email was sent to the specified email address of the addressee.
14. Transfer of rights and obligations
14.1. The contract between you and us is binding on you and us and on our respective successors and assigns.
14.2. 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.
14.3. 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.
15. Events outside our control
15.1. 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").
15.2. 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:
15.2.1. strikes, lock-outs or other industrial action;
15.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
15.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
15.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
15.2.5. impossibility of the use of publicor private telecommunications networks; and
15.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
16.1. 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.
16.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3. 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 clauses 12 and 13 above.
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.
18. Entire agreement
18.1. These terms and conditions represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, arrangement or understanding between us in relation to the subject matter of that Contract, whether oral orin writing.
18.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us prior to such Contract, except as expressly stated inthese terms and conditions.
18.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or inwriting, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
19. Our right to vary these terms and conditions
19.1. We have the right to revise and amend these terms and conditions from time to time.
19.2. You will be subject to the policies and terms and conditions in force at the time that you order any Product 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 Dispatch Confirmation (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 Product).
20. Law and jurisdiction
English law will govern any Contract for the purchase of any Product through this website and any dispute or claim arising out of or in connection with that Contract or its subject matter or formation (including non-contractual disputes or claims). Any dispute or claim arising out of or in connection with any such Contract or its formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.