TERMS AND CONDITIONS
1. INTRODUCTION
1.1. This document (together with any documents referred to in it) tells you the terms and conditions upon which we sell and supply the goods (the Goods) listed on this website (the 'Website') to you.
1.2. Before confirming your order please:
1.2.1. Read through these terms and conditions (the 'Conditions') and in particular our cancellations and returns policy at clause 12. and limitation of our liability and your indemnity at clause 16.
1.2.2. Print a copy for future reference.
1.2.3. Read our privacy policy regarding your personal information.
1.3. By ordering any of the Goods listed on this Website, you agree to be legally bound by these Conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time.
1.4. We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you.Your continued use of the Website (or any part thereof) following a changes hall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.
2. ABOUT US
2.1. This Website is owned and operated by Technical Drawing Supplies Ltd ('we'/'us'/'our'), a limited company registered in England and Wales under company number: 07539321 having our registered office at Apartment 4 The Strand, 74A Broad Road, Sale, Cheshire, M33 2ER, United Kingdom. We are VAT registered and our VAT registration number is 124755905
3.1. You agree that email and other electronic communications can be used as a long-distance means of communication and 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.
3.2. We will contact you by email or provide you with information by posting notices on our Website.
4. OVERSEASORDERS
4.1. Our Website is only intended for use by customers resident in England, Wales, Scotland and Northern Ireland (the United Kingdom).
4.2. We can, in our sole discretion, accept orders from individuals located outside the United Kingdom and ship overseas subject to you paying for the additional shipping or postage costs. You will have an opportunity to cancel your order in case these costs are not acceptable.
4.3. If we agree to supply any Goods ordered from theWebsite for delivery outside the United Kingdom, they may be subject to importduties and/or additional taxes or expenses incurred due to complying withforeign regulatory requirements or laws. You will be responsible for payment ofany such duties and/or taxes in addition to our price including the cost ofdelivery. Please note that we have no control over these charges and cannotpredict their amount. Please contact your local customs office or taxationauthority for further information before placing your order.
4.4. Please note that when shipping productsinternationally, you should be aware that cross-border shipments are subject toopening and inspection by customs authorities. Please also note that you mustcomply with all applicable laws and regulations of the country for which theGoods are destined. We will not beliable for any breach by you of any such laws.
5. REGISTRATION
5.1. When registering on the Website you must choosea username and password. You are responsible for all actions taken under yourchosen username and password.
5.2. By registering on the Website you undertake:
5.2.1. That all the details you provide to us for thepurpose of registering on the Website and purchasing the Goods are true,accurate, current and complete in all respects
5.2.2. To notify us immediately of any changes to theinformation provided on registration or to your personal information
5.2.3. That you are over 18 or if under 18 you have aparent or guardian's permission to register with and purchase the Goods fromthis Website in conjunction with and under their supervision
5.2.4. To only use the Website using your own usernameand password
5.2.5. To make every effort to keep your password safe
5.2.6. Not to disclose your password to anyone
5.2.7. To change your password immediately upondiscovering that it has been compromised
5.2.8. To neither transfer or sell your username orpassword to anyone, nor permit, either directly or indirectly, anyone otherthan you to use them
5.3. You authorise us to transmit your name, addressand other personal information supplied by you (including updated information)to obtain information from third parties about you, including, but not limitedto, credit reports and so that we may authenticate your identity.
5.4. We reserve the right to terminate an agreementformed with you pursuant to clause 9. below and to suspend orterminate your access to the Website immediately and without notice to you if:
5.4.1. You fail to make any payment to us when due
5.4.2. You breach these Conditions (repeatedly orotherwise)
5.4.3. You are impersonating any other person or entity
5.4.4. When requested by us to do so, you fail toprovide us within a reasonable time with sufficient information to enable us todetermine the accuracy and validity of any information supplied by you, or youridentity
5.4.5. We suspect you have engaged, or are about toengage, or have in anyway been involved, in fraudulent or illegal activity onthe Website
6. ELIGIBILITYTO PURCHASE FROM THE WEBSITE
6.1. To be eligible to purchase the Goods on thisWebsite and lawfully enter into and form contracts with us, you must:
6.1.1. Be 18 years of age or over
6.1.2. Be legally capable of entering into a bindingcontract
6.1.3. Provide full details of a delivery address inthe United Kingdom or the European Economic Area (if you reside in the EEA)
6.2. If you are under 18, you may only use theWebsite in conjunction with, and under the supervision of, a parent orguardian. If you do not qualify, you must not use our Website.
7. PRICE
7.1. The prices of the Goods are quoted on theWebsite.
7.2. Prices for delivery are quoted for delivery inthe United Kingdom unless otherwise specified.
7.3. Unless otherwise stated, the prices quoted include VAT (our VAT registration number is 124755905), prices exclude delivery costs. The delivery costswill be added to the total amount due from you at their current rate. Detailsof our delivery charges can be located on our Website.
7.4. We reserve the right, by giving notice to you atany time before delivery or performance of our obligations to you, to increasethe price of the Goods to reflect any increase in the cost to us due to anyfactor beyond our control (such as without limitation, any foreign exchangefluctuation, significant increase in the costs of labour, materials or othercosts of manufacture). In the unlikely event of this occurring, you shall beentitled to cancel the order at any time before delivery.
8. PAYMENT
8.1. Payment can be made by any major credit or debitcard or through an electronic payment account as explained on the order form.
8.2. By placing an order, you consent to paymentbeing charged to your debit/credit card account or electronic payment accountas provided on the order form.
8.3. Payment will be debited and cleared from youraccount before the dispatch of the Goods to you.
8.4. When you pay for your order by card, we carryout certain checks which include obtaining authorisation from your card issuerto ensure you have adequate funds and for security reasons. This may involvevalidating your name, address and other personal information supplied by you duringthe order process against appropriate third party databases including the cardissuer, registered credit reference agencies and fraud prevention agencies.
8.5. By accepting these Conditions you:
8.5.1. Undertake that all the details you provide to usfor the purpose of purchasing the Goods are correct and that the payment card you are using is yourown and that there are sufficient funds to cover the cost of the Goods ordered
8.5.2. Undertake that any and all Goods ordered by youare for your own private or domestic use only and not for resale
8.5.3. Authorise us to transmit the payment anddelivery information provided by you during the order process (included anyupdated information) for the purpose of obtaining authorisation from your cardissuer to ensure you have adequate funds, to authenticate your identity, tovalidate your payment card and for other security reasons, such as fraudprevention
8.6. We shall contact you should any problems occurwith the authorisation of your card.
8.7. We will take all reasonable care, in so far asit is in our power to do so, to keep the details of your order and paymentsecure, but in the absence of negligence on our part, we cannot be held liablefor any loss you may suffer if a third party procures unauthorised access toany data you provide when accessing or ordering from our Website.
9. ORDERPROCESS AND FORMATION OF A CONTRACT
9.1. All orders are subject to acceptance andavailability. If any Goods ordered are not available, you will be notified byemail and you will have the option either to wait until the item is availableor to cancel your order. It is your responsibility to provide us with a validemail address so that we can contact you if necessary.
9.2. Any order placed by you constitutes an offer topurchase the Goods from us. All such offers received from you are subject toacceptance by us and we reserve the right to refuse any order placed by you atany time prior to acceptance, without providing an explanation.
9.3. You shall be responsible for ensuring theaccuracy of the details provided by you during the order process and we willnot accept an order unless all details requested from you have been enteredcorrectly.
9.4. You agree that if we contact you to acknowledgereceipt of your order such communication shall not amount to our acceptance ofyour offer to purchase the Goods ordered by you from the Website.
9.5. A contract between you and us (the 'Contract')incorporating these Conditions will only subsist after we have debited yourpayment card and have confirmed that we have dispatched the Goods or made themavailable to be downloaded. We will send you an email to confirm this (a'Confirmation Notice'). The Confirmation Notice will amount to an acceptance ofyour offer to buy the Goods from us. The Contract will only be formed when wesend you the Confirmation Notice (whether or not you receive it).
9.6. Where we agree to supply Goods to youpermanently or on an ongoing (continuous) basis, such as by subscription, theyshall be provided for a minimum fixed period of time (the 'Minimum Duration').The length of the Minimum Duration will depend on which package or product youhave selected to purchase and is provided on the Website.
9.7. The Contract will relate only to the Goodsstated in the Confirmation Notice. Wewill not be obliged to supply any other Goods which may have been part of yourorder until we have sent you a separate Confirmation Notice relating to it.
9.8. You must check that the details contained in theConfirmation Notice are correct and you should print out and keep a copy of it.
9.9. You will be subject to the version of ourpolicies and Conditions in force at the time that you order the Goods from us,unless:
9.9.1. Any change to those policies or these Conditionsis required to be made by law or governmental authority
9.9.2. We notify you of any change to our policies orthese Conditions before we send you the Confirmation Notice, in which case, weare entitled to assume that you have accepted it, unless we receive writtennotification from you to the contrary within seven working days of receipt ofthe Confirmation Notice
10. DELIVERY
10.1. The Goods will be delivered to you at theaddress you provided during the order process which may be an address otherthan the billing address, but please note that extra documentation may beneeded to comply with such orders.
10.2. We employ professional carriers. Nevertheless,you must examine the Goods on arrival. If you are asked for your signature ondelivery, you must examine the Goods before signing for it.
10.3. Any dates quoted for delivering the Goods areapproximate only. If no date is specified then it will take place within 30days or a reasonable time of the date of the Confirmation Notice, unless thereare exceptional circumstances.
10.4. We shall not be liable for any delay indelivering the Goods, however caused.
10.5. The Goods may be sent to you in instalments.
10.6. For Christmas deliveries, we recommend that you checkour Website for the last date of delivery. We will endeavour to dispatch all Goods that are in stock within 24hours. However, we cannot guarantee delivery by 24th December.
11. RISKAND TITLE
11.1. The Goods will be at your risk from the time of delivery.
11.2. Ownership of the Goods will only pass to youwhen we receive full payment of all sums due in respect of them including thecost of delivery.
12. CANCELLING YOUR CONTRACT AND RETURNS
12.1. Cancelling before receiving aConfirmation Notice.
12.1.1. You may cancel your order for the Goods at anytime prior to receiving a Confirmation Notice from us so long as you contact usin writing. You can send us a cancellation notice by sending an email tomail@technical-drawing.co.uk or a letter to Apartment 4 The Strand, 74A Broad Road, Sale, Cheshire, M33 2ER, United Kingdom. Your cancellation notice must quote your name, address, thename or a description of the goods and your order reference number.
12.2. Cancellation after receiving aConfirmation Notice.
12.2.1. You are entitled to cancel your Contract at anytime prior to receiving the Goods so long as you provide us with written noticeor, if you have received the Goods, so long as you provide us with writtennotice at anytime within 7 working days starting from the day after youreceived the Goods. You can send your cancellation notice by email tomail@technical-drawing.co.uk or a letter to Apartment 4 The Strand, 74A Broad Road, Sale, Cheshire, M33 2ER, United Kingdom. Your cancellation notice must quote your name, address, thename or a description of the Goods and your order reference number.
12.2.2. Upon receiving your cancellation notice, we willcontact you and provide details of where you must return the Goods and otherrelevant instructions. You must then immediately return the Goods to us at yourown cost and risk. We reserve the right, at our option, to collect the Goodsfrom you. If we wish to collect the Goods we will notify you of when they willbe collected by us. We will charge you for the cost of collecting the Goods andwill deduct this from any sum owed by us to you.
12.2.3. The Goods must be returned to us in the samecondition in which you received them until such time as the Goods are eithercollected by us or delivered back to us by you. You must return the Goods withits original packaging and the original invoice. You have a legal obligation to takereasonable care of the Goods whilst they are in your possession. If you fail tocomply with this obligation, we may have a right of action against you forcompensation.
12.3. Exception to the right to cancel
You will not have a right to cancel an order for any goodsor services purchased from us, in the following situations:
12.3.1. If you expressly agree to us beginning toprovide any services before the end of the cancellation period.
12.3.2. The Contract is for goods which are bespoke orhave been personalised or which may deteriorate (such as food)
12.3.3. The Contract is for goods and/or services theprice of which is dependent on fluctuations in the financial market whichcannot be controlled by us
12.3.4. The Contract is for the sale of land, auctionsand financial service agreements
12.3.5. The Contract is for the supply of:
12.3.5.1. Audio or video recordings and computer softwareif unsealed by you
12.3.5.2. Audio or video recordings and software and otheritems that you have successfully downloaded where a free trial or demonstrationwas available to you to view or download
12.3.5.3. Newspapers, magazines and other periodicals
12.3.5.4. Gaming, betting and lottery services
12.4. Damaged, faulty or wrongly deliveredgoods
12.4.1. We will offer you a refund of the full purchaseprice, including the cost of delivery for sending the goods to you, and thecost incurred by you in returning the Goods to us, if it:
12.4.1.1. Has been damaged on delivery
12.4.1.2. Is in a faulty condition
12.4.1.3. Has been delivered to you in error
12.4.2. provided that you return the Goods to us and weare reasonably satisfied that the Goods have not suffered damage after deliveryor have not been misused or used other than in accordance with the instructionsor the problem is not due to normal wear and tear.
12.4.3. Alternatively, at your option, instead of arefund (and subject to returning the Goods as required under this clause) wewill replace the Goods with the same or a similar product (subject to stockavailability).
12.4.4. Sometimes the product specifications from themanufacturer may change, in which case, if you request a replacement, we willdo our best to offer you a substitute of the same or better quality at the sameprice. If you are not happy with the replacement, you can return the Goods tous.
12.4.5. In order to claim a refund or replacement itemplease send us a cancellation notice as soon as you become aware of a problemand no later than 7 working days after receipt or the fault developing by email to mail@technical-drawing.co.uk or a letter to 88 Barton Road Manchester M329AE United Kingdom. Your cancellation notice must quote your name, address, thename or a description of the Goods, a brief description of the problem, faultor damage and your order reference number.
12.4.6. Upon receiving your cancellation notice, we willcontact you and provide details of where you must return the Goods and otherrelevant instructions. You must then immediately return the Goods to us. Wereserve the right, at our option, to collect the Goods from you. If we wish tocollect the Goods we will notify you of when they will be collected by us.
12.5. Incorrectly priced or described goods
12.5.1. Whilst we try and ensure that all theinformation on our Website is accurate, errors may occur. In the unlikely eventthat the price and/or description of an item listed on the Website has beenincorrectly advertised, we will not be under any obligation to sell or providethose goods to you.
12.5.2. If we discover the error before sending you aConfirmation Notice we will at our discretion, either reject your order andnotify you of such rejection, or inform you as soon as possible and give youthe option of cancelling your order or reconfirming it at the correct priceand/or description. If we give you the option of cancelling your order orreconfirming it at the correct price and/or description but either cannotcontact you or do not receive your response within 14 days of sending younotification (whether or not you receive it), we will reject your order.
12.5.3. If we discover the error after sending you aConfirmation Notice we may, at our discretion and without incurring anyliability to you, cancel the Contract provided that the error is, in ourreasonable opinion, obvious and unmistakable and could have reasonably beenrecognised by you. We will notify if we cancel the Contract.
12.5.4. If your order is cancelled or rejected and youhave already paid for the Goods, you will receive a full refund in accordancewith clause 12.7.
12.6. Deliveryby instalments
12.6.1. The Goods may be sent to you in instalments. Youmay cancel the outstanding part of your order and receive a refund, if you havealready paid, of the purchase price of the outstanding Goods in accordance withclause 12.7.
12.7.1. We will examine any returned Goods and willnotify you about your refund or replacement item via email within a reasonableperiod of time. We will usually processa refund or delivery of a replacement item as soon as possible and, in anycase, within 30 days of the day we confirmed to you via e-mail that you areentitled to it. Refunds will be made bycrediting the payment card or electronic payment account you used to purchasethe Goods.
12.7.2. We reserve the right to refuse to issue a refundor replacement and to recover the cost of returning or collecting the Goods inthe event that the Goods are found to have suffered damage after delivery orhave been misused or used other than in accordance with the instructions or ifthe problem is due to normal wear and tear or if the Goods have not beenreturned with its original packaging. This does not affect your statutory rights.
13. COMPLAINTS
13.1. If you have a comment, concern or complaintabout any Goods you have purchased from us, please contact us via email atmail@technical-drawing.co.uk or by post at Apartment 4 The Strand, 74A Broad Road, Sale, Cheshire, M33 2ER, United Kingdom.
14. INTELLECTUALPROPERTY
14.1. The content of the Website is protected bycopyright (including design copyrights), trade marks, patent, database andother intellectual property rights and similar proprietary rights whichinclude, (without limitation), all rights in materials, works, techniques,computer programs, source codes, data, technical information, trading businessbrand names, goodwill, service marks utility models, semi-conductor topographyrights, the style or presentation of the goods or services, creations,inventions or improvements upon or additions to an invention, confidentialinformation, know-how and any research effort relating to Technical DrawingSupplies Ltd moral rights and any similar rights in any country (whetherregistered or unregistered and including applications for and the right toapply for them in any part of the world) and you acknowledge that theintellectual property rights in the material and content supplied as part ofthe Website shall remain with us or our licensors.
14.2. You may download or copy the content and otherdownloadable items displayed on the Website subject to the condition that thematerial may only be used for personal non-commercial purposes. Copying orstoring the contents of the Website for other than personal use is expresslyprohibited.
14.3. You may retrieve and display the content of theWebsite on a computer screen, store such content in electronic form on disk(but not any server or other storage device connected to a network) or printone copy of such content for your own personal, non-commercial use, providedyou keep intact all and any copyright and proprietary notices. You may nototherwise reproduce, modify, copy or distribute or use for commercial purposesany of the materials or content on the Website.
14.4. You acknowledge that any other use of thematerial and content of this Website is strictly prohibited and you agree notto (and agree not to assist or facilitate any third party to) copy, reproduce,transmit, publish, display, distribute, commercially exploit or create derivativeworks from such material and content.
14.5. No licence is granted to you in these Conditionsto use any of our trade marks or those of our affiliated companies.
14.6. Goods sold by us and Website content may besubject to copyright, trade mark or other intellectual property rights infavour of third parties. We acknowledge those rights.
15. WEBSITEUSE
15.1. You are permitted to use the Website and thematerial contained in it only as expressly authorised by us under our terms ofuse.
16.1. Notwithstanding any other provision in theConditions, nothing will affect or limit your statutory rights; or will excludeor limit our liability for:
16.1.1. Death or personal injury resulting from ournegligence
16.1.2. Fraud or fraudulent misrepresentation
16.1.3. Action pursuant to section 2(3) of the ConsumerProtection Act 1987
16.1.4. Any matter for which it would be unlawful for usto exclude or attempt to exclude our liability
16.2. The Website is provided on an 'as is' and 'asavailable' basis without any representation or endorsement made and we make nowarranties or guarantees, whether express or implied, statutory or otherwise(unless otherwise expressly stated in these Conditions or required by law) inrelation to the information, materials, content or services found or offered onthe Website for any particular purpose or any transaction that may be conductedon or through the Website including but not limited to, implied warranties ofnon-infringement, compatibility, timeliness, performance, security, accuracy,condition or completeness, or any implied warranty arising from course ofdealing or usage or trade custom.
16.3. We will not be liable if the Website isunavailable at any time.
16.4. We make no representation or warranty of anykind express or implied statutory or otherwise regarding the availability ofthe Website or that it will be timely or error-free, that defects will becorrected, or that the Website or the server that makes it available are freeof viruses or bugs.
16.5. We will not be responsible or liable to you forany loss of content or material uploaded or transmitted through the Website andwe accept no liability of any kind for any loss or damage resulting from actiontaken in reliance on material or information contained on the Website.
16.6. We cannot guarantee and cannot be responsiblefor the security or privacy of the Website and any information provided by you.You must bear the risk associated with the use of the internet. In particular,we will not be liable for any damage or loss caused by a distributeddenial-of-service attack, any viruses trojans, worms, logic bombs, keystrokeloggers, spyware, adware or other material which is malicious ortechnologically harmful that may infect your computer, peripheral computerequipment, computer programs, data or other proprietary material as a result ofyour use of the Website or you downloading any material posted or sold on theWebsite or from any website linked to it.
16.7. We will use all reasonable endeavours to carryout our obligations within a reasonable period of time but will not be liableto you for any loss, costs or expenses arising directly or indirectly from anydelays in doing so.
16.8. We will not be liable, in contract ortort (including, without limitation, negligence), or in respect of pre-contractor other representations (other than fraudulent misrepresentations) orotherwise for:
16.8.2. any loss of goodwill or reputation; or
16.8.3. any special or indirect losses; or
16.8.4. any loss of data; or
16.8.5. wasted management or office time; or
16.8.6. any other loss or damage of any kind sufferedor incurred arising out of or in connection with the provision of any matterunder these Conditionsand/or the Contract and/or the use of this Website or any aspect related toyour purchase of theGoods even if such losses are foreseeable or result from a deliberate breachof these Conditions by us that would entitle you to terminate the Contractbetween us or as a resultof any action we have taken in response to your breach of these Conditions.Without prejudice to theterms of this clause and in the event that we are unable to rely upon it, ourliability for all and any lossesyou suffer as a result of us breaking the Contract, whether or not deliberate,including those listed inclauses 16.8.1. to 16.8.6., is strictly limitedto the purchase price of theGoods you purchased.
16.9. You agree to fully indemnify, defend and holdus, and our officers, directors, employees and suppliers, harmless immediatelyon demand, from and against all claims, including but not limited to losses(including loss of profit, revenue, goodwill or reputation), costs andexpenses, including reasonable administrative and legal costs, arising out ofany breach of these Conditions by you, or any other liabilities arising out ofyour use of this Website or any other person accessing the Website using yourpersonal information with your authority.
16.10. Thisclause does not affect your statutory rights as a consumer, nor does it affectyour contractual cancellation rights.
17. REVIEWS
17.1. You acknowledge that any review, feedback orrating which you leave may be published by us on the Website and you agree thatit may be displayed for as long as we consider appropriate and that the contentmay be syndicated to our other websites, publications or marketing materials.
17.2. You undertake that any review, feedback orrating that you write shall:
17.2.1. Comply with applicable law in the UK and the lawin any country from which they are posted
17.2.2. Be factually accurate
17.2.3. Contain genuinely held opinions (whereapplicable)
17.2.4. Not contain any material which is eitherdefamatory, threatening, obscene, abusive, offensive, hateful, inflammatory oris likely to harass, upset, annoy, alarm, embarrass or invade the privacy of,any person or be deceiving
17.2.5. Not promote or advocate an unlawful act oractivity, discrimination, sexually explicit material or violence
17.2.6. Not infringe any trademark, copyright (includingdesign rights), database right, or other intellectual property rights of anyother person or breach of any legal duty you owe to a third party
17.2.7. Not be used to impersonate any person, or tomisrepresent your identity
17.3. You agree to indemnify and hold us harmlessagainst any claim or action brought by third parties, arising out of or inconnection with any review, feedback or rating posted by you on the Website,including, without limitation, the violation of their privacy, defamatorystatements or infringement of intellectual property rights.
17.4. You grant us and our affiliate companies anon-exclusive, royalty-free worldwide license to use or edit any reviews postedby you.
17.5. We reserve the right to publish, edit or removeany reviews without notifying you.
18. FORCEMAJEURE
18.1. We shall have no liability for delays orfailures in delivery or performance of our obligations to you resulting fromany act, events, omissions, failures or accidents that are outside of ourcontrol ('Force Majeure'), which, without limitation, include:
18.1.1. Strikes, lock-outs or other industrial action
18.1.2. Shortages of labour, fuel, power, raw materials
18.1.3. Late, defective performance or non-performanceby suppliers
18.1.4. Private or public telecommunication, computernetwork failures or breakdown of equipment
18.1.5. Civil commotion, riot, invasion, terroristattack or threat of terrorist attack, war (whether declared or not) or threator preparation for war.
18.1.6. Fire, explosion, storm, flood, earthquake,subsidence, epidemic or other natural disaster or extreme weather conditions.
18.1.7. Impossibility of the use of railways, shipping,aircraft, motor transport or other means of public or private transport.
18.1.8. Acts, decrees, legislation, regulations orrestrictions of any government
18.1.9. Other causes, beyond our reasonable control
18.2. Our performance will be deemed to be suspendedfor the period that the event of Force Majeure continues, and we will have anextension of time for performance for the duration of that period. We will use our reasonable endeavours tominimise any delay caused by Force Majeure or to find a solution by which ourobligations may be performed despite the Force Majeure event. We shall promptlynotify you of any Force Majeure event giving details of it and (where possible)the extent and likely duration of any delay.
18.3. Where the period of non-performance or delay inrelation to any event of Force Majeure exceeds 30 days from the date of noticeto you of the event of Force Majeure, either you or us may, by written noticeto the other, terminate the Contract with immediate effect upon service.
19. PRIVACYPOLICY
19.1. In order to monitor and improve customerservice, we sometimes record telephone calls.
19.2. We shall be entitled to process your data inaccordance with the terms of our Privacy Policy. Please view this document forfurther information. All information provided by you will be treated securelyand in accordance with the Data Protection Act 1998 (as amended).
19.3. You can find full details of our Privacy Policyon the Website.
20. THIRDPARTY RIGHTS
20.1. Except for our affiliates, directors, employeesor representatives, a person who is not a party to the Contract has no rightunder the Contracts (Rights of Third Parties) Act 1999 to enforce any term ofthe Contract but this does not affect any right or remedy of a third party thatexists or is available apart from that Act.
21. EXTERNALLINKS
21.1. To provide increased value and convenience toour users, we may provide links to other websites or resources for you toaccess at your sole discretion and risk. You acknowledge and agree that, as youhave chosen to enter the linked website we are not responsible for theavailability of such external sites or resources, and do not review or endorseand are not responsible or liable in any way, whether directly or indirectly,for:
21.1.1. The privacy practices of such websites
21.1.2. The content of such websites, including (withoutlimitation) any advertising, content, products, goods or other materials orservices on or available from such websites or resources
21.1.3. The use which others make of these websites; or
21.1.4. Anydamage, loss or offence caused or alleged to be caused to you, arising from orin connection with the use of or reliance upon any such advertising, content,products, goods, materials or services available on and/or purchased by youfrom such external websites or resources
22. LINKINGTO THE WEBSITE
22.1. You must not create a link to the Website fromanother website, document or any other source without first obtaining our priorwritten consent.
22.2. Any agreed link must be:
22.2.1. To the Website's homepage
22.2.2. Established from a website or document that isowned by you and does not contain content that is offensive, controversial, infringes any intellectualproperty rights or other rights of any other person or does not comply in anyway with the law in the UK and the law in any country from which they arehosted
22.2.3. Provided in such a way that is fair and legaland does not damage our reputation or take advantage of it
22.2.4. Established in such a way that does not suggestany form of association, approval or endorsement on our part where none exists
22.3. We have no obligation to inform you if theaddress of the Website home page changes and it is your responsibility toensure that any link you provide to our homepage is at all times accurate.
22.4. We reserve the right to withdraw our consentwithout notice and without providing any reasons for withdrawal. Upon receivingsuch notice you must immediately remove the link and inform us once this hasbeen done.
23. NOTICES
23.1. All notices given by you to us must be given tous at 88 Barton Road Manchester M32 9AE United Kingdom or by usingmail@technical-drawing.co.uk. We may give notice as described in clause 3.
23.2. Notice will be deemed received and properlyserved immediately when posted on our 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 willbe 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 email, that such emailwas sent to the specified email address of the addressee.
24. ENTIREAGREEMENT
24.1. The Contract represents the entire agreementbetween us in relation to the subject matter of the Contract and supersede anyprior agreement, understanding or arrangement between us, whether oral or inwriting.
24.2. We each acknowledge that, in entering into aContract, neither of us has relied on any express or implied representation,undertaking or promise given by the other from anything said or written in anynegotiations between us prior to such Contract except as has been expresslyincorporated in such Contract.
24.3. Neither of us shall have any remedy in respectof any untrue statement made by the other, whether orally or in writing, priorto the date of any Contract (unless such untrue statement was madefraudulently) and the other party's only remedy shall be for breach of contractas provided in these Conditions.
25. GENERAL
25.1. We reserve the right to change the domainaddress of this Website and any services, products, product prices, productspecifications and availability at any time.
25.2. All prices and descriptions supersede allprevious publications. All product descriptions are approximate.
25.3. Every effort is made to keep informationregarding stock availability on the Website up to date. However, we do notguarantee that this is the case, or that stock will always be available.
25.4. If any provision of these terms and conditionsis held by any competent authority to be invalid or unenforceable in whole orin part, the validity of the other provisions of the Contract and the remainderof the provision in question will not be affected.
25.5. All Contracts are concluded and available inEnglish only.
25.6. If we fail, at any time during the term of aContract, to insist upon strict performance of any of your obligations under itor any of these terms and conditions, or if we fail to exercise any of therights or remedies to which we are entitled under the Contract, this shall notconstitute a waiver of such rights or remedies and shall not relieve you fromcompliance with your obligations.
25.7. A waiver by us of any default shall notconstitute a waiver of any subsequent default.
25.8. No waiver by us of any of these Conditions or ofany other term of a Contract shall be effective unless it is expressly statedto be a waiver and is communicated to you in writing in accordance with clause 3.
25.9. Any Contract between you and us is binding onyou and us and on our respective successors and assigns. You may not transfer, assign, charge orotherwise dispose of the Contract, or any of your rights or obligations arisingunder it, without our prior written consent. We may transfer, assign, charge,sub-contract or otherwise dispose of a Contract, or any of our rights orobligations arising under it, at any time during the term of the Contract.
26. GOVERNINGLAW AND JURISDICTION
26.1. The Website is controlled and operated in theUnited Kingdom.
26.2. Every purchase you make shall be deemedperformed in England and Wales.
26.3. The Conditions and any Contract brought intobeing as a result of usage of this Website will be governed by the laws ofEngland and Wales and you irrevocably agree to submit to the exclusivejurisdiction of the courts of England and Wales.
Website - terms and conditions of use
Please read these terms and conditions carefully as they containimportant information about your rights and obligations when using this website(the 'Website') and in particular clause 11.3.
The Website is owned and operated by Technical Drawing Supplies Ltd('we'/'us'/'our'), a limited company registered in England and Wales undercompany number: 07539321 having our registered office at Apartment 4 The Strand, 74A Broad Road, Sale, Cheshire, M33 2ER, United Kingdom.
The term 'you' refers to the user or viewer of our Website.
By browsing on or using the Website you are agreeing tocomply with and be bound by these terms and conditions which, together with ourprivacy policy, governs our relationship with you regarding the use of ourWebsite.
1. ACCESS
1.1. You will be able to access parts of the Websitewithout having to register any details with us. However, from time to timecertain areas of this Website may be accessible only if you are a registereduser.
1.2. You are responsible for making all arrangementsnecessary for you to have access to our Website. You are also responsible forensuring that all persons who access our Website through your internetconnection are aware of these terms, and that they comply with them.
1.3. We make reasonable efforts to ensure that thisWebsite is available to view and use 24 hours a day throughout each yearhowever, this is not guaranteed. The Website may be temporarily unavailable atanytime because of: server or systems failure or other technical issues;reasons that are beyond our control; required updating, maintenance or repair
1.4. Where possible we will try to give you advancewarning of maintenance issues but shall not be obliged to do so.
2. REGISTERINGON THIS WEBSITE
2.1. When registering on the Website you must choosea username and password. You are responsible for all actions taken under yourchosen username and password.
2.2. By registering on the Website you undertake:
2.2.1. That all the details you provide to us for thepurpose of registering on the Website are true, accurate, current and completein all respects
2.2.2. You will notify us immediately of any changes tothe information provided on registration
2.2.3. You are over 18 or if under 18 you have a parentor guardian's permission to register with the Website in conjunction with andunder their supervision
2.2.4. To only use the Website using your own usernameand password
2.2.5. To make every effort to keep your password safe
2.2.6. Not to disclose your password to anyone
2.2.7. To change your password immediately upondiscovering that it has been compromised
2.2.8. To neither transfer or sell your username orpassword to anyone, nor permit, either directly or indirectly, anyone otherthan you to use them
2.3. You authorise us to transmit your name, addressand other personal information supplied by you (included updated information)to obtain information from third parties about you, including, but not limitedto, credit reports and so that we may authenticate your identity.
3. ELIGIBILITYTO PURCHASE FROM THE WEBSITE
3.1. To be eligible to purchase the Goods on thisWebsite and lawfully enter into and form contracts with us, you must:
3.1.1. Be 18 years of age or over
3.1.2. Be legally capable of entering into a bindingcontract
3.1.3. Provide full details of a delivery address inthe United Kingdom or the European Economic Area, (if you reside in the EEA)
3.2. If you are under 18, you may only use theWebsite in conjunction with, and under the supervision of, a parent orguardian. If you do not qualify, you must not use our Website.
4. INTELLECTUALPROPERTY
4.1. The content of the Website is protected bycopyright (including design copyrights), trade marks, patent, database andother intellectual property rights and similar proprietary rights whichinclude, (without limitation), all rights in materials, works, techniques,computer programs, source codes, data, technical information, trading businessbrand names, goodwill, service marks utility models, semi-conductor topographyrights, the style or presentation of the goods or services, creations,inventions or improvements upon or additions to an invention, confidentialinformation, know-how and any research effort relating to Technical DrawingSupplies Ltd moral rights and any similar rights in any country (whetherregistered or unregistered and including applications for and the right toapply for them in any part of the world).
4.2. You acknowledge that the intellectual propertyrights in the material and content supplied as part of the Website shall remainwith us or our licensors.
4.3. You may download or copy the content and otherdownloadable items displayed on the Website subject to the condition that thematerial may only be used for personal non-commercial purposes. Copying orstoring the contents of the Website for other than personal use is expresslyprohibited.
4.4. You may retrieve and display the content of theWebsite on a computer screen, store such content in electronic form on disk(but not any server or other storage device connected to a network) or printone copy of such content for your own personal, non-commercial use, providedyou keep intact all and any copyright and proprietary notices.
4.5. You may not otherwise reproduce, modify, copy ordistribute or use for commercial purposes any of the materials or content onthe Website.
4.6. You acknowledge that any other use of thematerial and content of this Website is strictly prohibited and you agree notto (and agree not to assist or facilitate any third party to) copy, reproduce,transmit, publish, display, distribute, commercially exploit or createderivative works from such material and content.
4.7. No licence is granted to you to use any of ourtrade marks or those of our affiliated companies.
5. DISCLAIMER
5.1. It shall be your responsibility to ensure thatany products, services or information available through the Website meet yourspecific requirements.
5.2. We will not be liable to you if the Website isunavailable at any time.
5.3. We attempt to ensure that the informationavailable on the Website at any time is accurate. However, we do not guaranteethe accuracy or completeness of material on this Website. We use all reasonableendeavours to correct errors and omissions as quickly as practicable afterbecoming aware or being notified of them. We make no commitment to ensure thatsuch material is correct or up to date.
5.4. All drawings, images, descriptive matter andspecifications on the Website are for the sole purpose of giving an approximatedescription for your general information only and should be used only as aguide.
5.5. Any prices and offers are only valid at the timethey are published on the Website.
5.6. All prices and descriptions supersede allprevious publications.
5.7. Every effort is made to keep informationregarding stock availability on the Website up to date. However, we do notguarantee that this is the case, or that stock will always be available.
5.8. The Website is provided on an 'as is' and 'asavailable' basis without any representation or endorsement made and we make nowarranties or guarantees, whether express or implied, statutory or otherwise(unless otherwise expressly stated in these terms and conditions or required bylaw) in relation to the information, materials, content or services found oroffered on the Website for any particular purpose or any transaction that maybe conducted on or through the Website including but not limited to, impliedwarranties of non-infringement, compatibility, timeliness, performance,security, accuracy, condition or completeness, or any implied warranty arisingfrom course of dealing or usage or trade custom.
5.9. We make no representation or warranty of anykind express or implied statutory or otherwise regarding the availability ofthe Website or that it will be timely or error-free, that defects will becorrected, or that the Website or the server that makes it available are freeof viruses or bugs.
5.10. We will not be responsible or liable to you forany loss of content or material uploaded or transmitted through the Website andwe accept no liability of any kind for any loss or damage from action taken inreliance on material or information contained on the Website.
5.11. We cannot guarantee and cannot be responsiblefor the security or privacy of the Website and any information provided by you.
5.12. You must bear the risk associated with the useof the internet. In particular, we will not be liable for any damage or losscaused by a distributed denial-of-service attack, any viruses trojans, worms,logic bombs, keystroke loggers, spyware, adware or other material which ismalicious or technologically harmful that may infect your computer, peripheralcomputer equipment, computer programs, data or other proprietary material as aresult of your use of the Website or you downloading any material posted orsold on the Website or from any website linked to it.
5.13. We reserve the right to disclose suchinformation to law enforcement authorities as we reasonably feel is necessaryshould you breach this agreement.
6. USE OF THE WEBSITE
6.1. You are permitted to use the Website and thematerial contained in it only as expressly authorised by us and in accordancewith these terms and conditions, as may be amended from time to time withoutnotice to you.
6.2. We provide access and use of the Website on thebasis that we exclude all representations, warranties and conditions to themaximum extent permitted by law.
6.3. We reserve the right to:
6.3.1. Make changes to the information or materials onthis Website at any time and without notice to you.
6.3.2. Temporarily or permanently change, suspend ordiscontinue any aspect of the Website, including the availability of anyfeatures, information, database or content or restrict access to parts of orthe entire Website without notice or liability to you or any third party.
6.3.3. Refuse to post material on the Website or toremove material already posted on the Website
6.4. You may not use the Website for any of thefollowing purposes:
6.4.1. Disseminating any unlawful, harassing,libellous, abusive, threatening, harmful, vulgar, obscene, or otherwiseobjectionable material
6.4.2. Transmitting material that encourages conductthat constitutes a criminal offence, results in civil liability or otherwise
6.4.3. Breaching any applicable local, national or internationallaws, regulations or code of practice
6.4.4. Gaining unauthorised access to other computersystems
6.4.5. Interfering with any other person's use orenjoyment of the Website
6.4.6. Breaching any laws concerning the use of publictelecommunications networks
6.4.7. Interfering with, disrupting or damagingnetworks or websites connected to the Website
6.4.8. Utilisation of data mining, robots or similardata gathering and extraction tools to extract (whether once or many times) forre-utilisation of any substantial parts of the Website
6.4.9. To transmit, or procure the sending of, anyunsolicited or unauthorised advertising or promotional material or any otherform of similar solicitation
6.4.10. To create and/or publish your own database thatfeatures all or substantial parts of the Website
6.4.11. Making, transmitting or storing electroniccopies of materials protected by copyright without the prior permission of theowner
6.5. In addition, you must not:
6.5.1. Knowingly introduce viruses, trojans, worms,logic bombs, keystroke loggers, spyware, adware or other material which ismalicious or technologically harmful to the Website
6.5.2. Attempt to gain unauthorised access to theWebsite, the server on which the Website is stored or any server, computer ordatabase connected to it
6.5.3. Attack the Website via a denial-of-serviceattack or a distributed denial-of service attack
6.5.4. Damage or disrupt any part of the Website, anyequipment or network on which the Website is stored or any software used forthe provision of the Website
6.6. A breach of this clause may be a criminaloffence under the Computer Misuse Act 1990. We may report any such breach tothe relevant law enforcement authorities and disclose your identity to them. Inthe event of such a breach, your right to use the Website will ceaseimmediately.
7. SUSPENDING OR TERMINATING YOUR ACCESS
7.1. We reserve the right to terminate or suspendyour access to the Website immediately and without notice to you if:
7.1.1. You fail to make any payment to us when due
7.1.2. You breach the terms of these terms andconditions (repeatedly or otherwise)
7.1.3. You are impersonating any other person or entity
7.1.4. When requested by us to do so, you fail toprovide us within a reasonable time with sufficient information to enable us todetermine the accuracy and validity of any information supplied by you, or youridentity
7.1.5. We suspect you have engaged, or about to engage,or have in anyway been involved, in fraudulent or illegal activity on theWebsite
8. REVIEWS
8.1. You acknowledge that any review, feedback orrating which you leave may be published by us on the Website and you agree thatit may be displayed for as long as we consider appropriate and that the contentmay be syndicated to our other websites, publications or marketing materials.
8.2. You undertake that any review, feedback orrating that you write shall:
8.2.1. Comply with applicable law in the UK and the lawin any country from which they are posted
8.2.2. Be factually accurate
8.2.3. Contain genuinely held opinions (whereapplicable)
8.2.4. Not contain any material which is eitherdefamatory, threatening, obscene, abusive, offensive, hateful, inflammatory oris likely to harass, upset, annoy, alarm, embarrass or invade the privacy of,any person or be deceiving
8.2.5. Not promote or advocate an unlawful act oractivity, discrimination, sexually explicit material or violence
8.2.6. Not infringe any trademark, copyright (includingdesign rights), database right, or other intellectual property rights of anyother person or breach any legal duty you owe to a third party
8.2.7. Not be used to impersonate any person, or tomisrepresent your identity
8.3. You agree to indemnify and hold us harmlessagainst any claim or action brought by third parties, arising out of or inconnection with any review, feedback or rating posted by you on the Website,including, without limitation, the violation of their privacy, defamatorystatements or infringement of intellectual property rights.
8.4. You grant us and our affiliate companies anon-exclusive, royalty-free worldwide license to use or edit any reviews postedby you.
8.5. We reserve the right to publish, edit or removeany reviews without notifying you.
9. LINKINGTO THE WEBSITE
9.1. You must not create a link to the Website fromanother website, document or any other source without first obtaining our priorwritten consent.
9.2. Any agreed link must be:
9.2.1. To the Website's homepage
9.2.2. Established from a website or document that isowned by you and does not contain content that is offensive, controversial,infringes any intellectual property rights or other rights of any other personor does not comply in any way with the law in the UK and the law in any countryfrom which they are hosted
9.2.3. Provided in such a way that is fair and legaland does not damage our reputation or take advantage of it
9.2.4. Established in such a way that does not suggestany form of association, approval or endorsement on our part where none exists
9.3. We have no obligation to inform you if theaddress of the Website home page changes and it is your responsibility toensure that any link you provide to our homepage is at all times accurate.
9.4. We reserve the right to withdraw our consentwithout notice and without providing any reasons for withdrawal. Upon receivingsuch notice you must immediately remove the link and inform us once this hasbeen done.
10. EXTERNALLINKS
10.1. To provide increased value and convenience toour users, we may provide links to other websites or resources for you toaccess at your sole discretion and risk. You acknowledge and agree that, as youhave chosen to enter the linked website we are not responsible for theavailability of such external sites or resources, and do not review or endorseand are not responsible or liable in any way, whether directly or indirectly,for:
10.1.1. The privacy practices of such websites
10.1.2. The content of such websites, including (withoutlimitation) any advertising, content, products, goods or other materials orservices on or available from such websites or resources
10.1.3. The use which others make of these websites
10.1.4. Any damage, loss or offence caused or alleged tobe caused to you, arising from or in connection with the use of or relianceupon any such advertising, content, products, goods, materials or servicesavailable on and/or purchased by you from such external websites or resources
11. LIMITATIONOF LIABILITY AND INDEMNITY
11.1. Notwithstanding any other provision in theseterms and conditions, nothing will affect or limit your statutory rights; orwill exclude or limit our liability for:
11.1.1. Death or personal injury resulting from ournegligence
11.1.2. Fraud or fraudulent misrepresentation
11.1.3. Action pursuant to section 2(3) of the ConsumerProtection Act 1987
11.1.4. Any matter for which it would be unlawful for usto exclude or attempt to exclude our liability
11.2. We will not be liable, in contract or tort(including, without limitation, negligence), or in respect of pre-contract orother representations (other than fraudulent or negligent misrepresentations)or otherwise for the below mentioned losses which you have suffered or incurredarising out of or in connection with the provision of any matter in these termsand conditions even if such losses are forseeable or result from a deliberatebreach by us or as a result of any action we have taken in response to yourbreach:
11.2.1. Any economic losses (including withoutlimitation loss of revenues, profits, contracts, business or anticipatedsavings)
11.2.2. Any loss of goodwill or reputation; or
11.2.3. Any special or indirect losses; or
11.2.4. Any loss of data
11.2.5. Wasted management or office time
11.2.6. Any other loss or damage of any kind
11.4. This clause does not affect your statutoryrights as a consumer.
12. GENERAL
12.1. We reserve the right to change the domainaddress of this Website and any services, products, product prices, productspecifications and availability at any time.
12.2. If any provision of these terms and conditionsis held by any competent authority to be invalid or unenforceable in whole orin part, the validity of the other provisions in these terms and conditions andthe remainder of the provision in question will not be affected.
12.3. All Contracts are concluded and available inEnglish only.
12.4. If we fail, at any time to insist upon strictperformance of any of your obligations under these terms and conditions, or ifwe fail to exercise any of the rights or remedies to which we are entitledunder these terms and conditions, it shall not constitute a waiver of suchrights or remedies and shall not relieve you from compliance with yourobligations.
12.5. A waiver by us of any default shall notconstitute a waiver of any subsequent default.
12.6. No waiver by us of any of these terms andconditions shall be effective unless it is expressly stated to be a waiver andis communicated to you in writing.
13. GOVERNINGLAW AND JURISDICTION
13.1. The Website is controlled and operated in theUnited Kingdom.
13.2. These terms and conditions will be governed bythe laws of England and Wales and you irrevocably agree to submit to theexclusive jurisdiction of the courts of England and Wales.
