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TERMS & CONDITIONS

BACKGROUND:

This agreement applies as between you, the User of this Website and Tuffstuff Ltd., the owner(s) of this Website.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance.  Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings: 

“Account”

means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;

“Carrier”

means any third party responsible for transporting purchased Goods from our Premises to customers;

Content

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

“Goods”

means any products that Tuffstuff Ltd. advertises and  / or makes available for sale through this Website;

Service

means collectively any online facilities, tools, services or information that Tuffstuff Ltd. makes available through the Website either now or in the future;

“Payment Information”

means any details required for the purchase of Goods from this Website.  This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

“Purchase Information”

means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;

“Premises”

means our place(s) of business located at 44 Greenwood Road, Bakers Fields, Nottingham. NG3 7EA, United Kingdom;

System

means any online communications infrastructure that Tuffstuff Ltd. makes available through the Website either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users”

means any third party that accesses the Website and is not employed by Tuffstuff Ltd. and acting in the course of their employment; and

“Website”

means the website that you are currently using (www.tuffstuff-ltd.co.uk) and any sub-domains of this site (e.g. subdomain.tuffstuff-ltd.co.uk) unless expressly excluded by their own terms and conditions.

“Information”

means collectively any content uploaded by Users including but not limited to reviews, comments, enquiries, feedback and other submissions onto the website that you are currently using (www.tuffstuff-ltd.co.uk) and any sub-domains of this site (e.g. subdomain.tuffstuff-ltd.co.uk) unless expressly excluded by their own terms and conditions.

2. Age Restrictions

Persons under the age of 18 should use this Website only with the supervision of an Adult.  Payment Information must be provided by or with the permission of an Adult.

3. Reselling of Products

The products and services on the site, and any samples thereof we may provide to you are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us.  We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our terms and conditions.

4. International Customers

If Goods are being ordered from outside Tuffstuff Ltd.’s country of residence, import duties and taxes may be incurred once your Goods reach their destination.  Tuffstuff Ltd. is not responsible for these charges and we undertake to make no calculations or estimates in this regard.  If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures.  As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported.  Please be aware that Goods may be inspected on arrival at port for customs purposes and Tuffstuff Ltd. cannot guarantee that the packaging of your Goods will be free of signs of tampering.

5. Intellectual Property

All the content on the Website, unless uploaded by Users, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software and the compilation thereof (collectively, the “Content”) is the property of Tuffstuff Ltd. and is protected by United Kingdom and international copyright laws. The trademarks, logos and service marks displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered marks of Tuffstuff Ltd. and are protected by United Kingdom and international trademark laws. Neither the Content, the Trademarks, or any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified and otherwise exploited, in whole or in part, for any purpose without prior written consent by Tuffstuff Ltd..

6. Limited License

6.1 We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Website.  This limited license does    not include the right to:
6.1.1 frame or utilise framing techniques to enclose the Website or any portion thereof;
6.1.2 modify or download the Website or its contents (except caching or as necessary to view the content);
6.1.3 make any use of the Website or its Content other than personal use;
6.1.4 collect account information for the benefit of another party;
6.1.5 use any meta tabs or other “hidden text” utilising our name or the Trademarks;
6.1.6 use software robots, spiders, crawlers or similar data gathering and extraction tools or take any other action that may impose an unreasonable burden or load on our infrastructure.

7. Links to Other Websites

This Website may contain links to other sites.  Unless expressly stated, these sites are not under the control of Tuffstuff Ltd. or that of our affiliates.  We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

8. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.tuffstuff-ltd.co.uk without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of Tuffstuff Ltd..  To find out more please contact us by email at info@tuffstuff-ltd.co.uk

9. Use of Communications Facilities

9.1 When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
9.1.1 You must not use obscene or vulgar language;
9.1.2 You must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3 You must not submit Content that is intended to promote or incite violence;
9.1.4 It is advised that submissions are made using the Egnlish language(s) as we may be unable to respond to enquiries submitted in any other languages;
9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
9.1.6 You must not impersonate other people, particularly employees and representatives of Tuffstuff Ltd. or our affiliates; and
9.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
9.2 You acknowledge that Tuffstuff Ltd. reserves the right to monitor any and all communications made to us or using our System.
9.3 You acknowledge that Tuffstuff Ltd. may retain copies of any and all communications made to us or using our System.
9.4 You acknowledge that any information you send to us through our System or post on the enquiry form may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information.  Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
9.5

We welcome your reviews, comments, enquiries feedback and other submissions of information and content (collectively, “Information”), provided that such information is not illegal, obscene, threatening, invasive of privacy, infringing intellectual property rights, or otherwise injurious to third parties or offensive. Any information you provide to us will be treated as non-confidential and non-proprietary. Subject to our Privacy Policy, by providing us with any such information you hereby grant Tuffstuff Ltd. an irrevocable non-exclusive and royalty-free right to use, reproduce, modify adapt, publish, sell, assign, translate, transfer, sub-license, create derivative works from, distribute and display the information in any form, media or technology and whether alone or as part of other works. You also agree that your information may not be returned and we may use your information and any ideas, concepts, or know-how contained therein, for any purpose.  Furthermore, if you send us any such information you represent and warrant that you own or otherwise are entitled to any and all rights to the information and that your information does not contain or constitute software viruses, commercial solicitation, political campaigning, chain letters, mass mailings or  ‘spam’ in any form. You may not impersonate any person or entity or use false email address or otherwise mislead Tuffstuff Ltd. or other Users of our Website as to the origin of the information submitted and you agree to indemnify, defend and hold harmless Tuffstuff Ltd. from and against any claims arising from or related to such information provided by you.

10. Indemnification

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from any action you take that imposes an unreasonable burden or load on our infrastructure.

11. Accounts

11.1 In order to purchase Goods on this Website and to use the enquiry form facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase.  By continuing to use this Website you represent and warrant that:
11.1.1 all information you submit is accurate and truthful;
11.1.2 you have permission to submit Payment Information where permission may be required; and
11.1.3 you will keep this information accurate and up-to-date.
11.1.4 Your creation of an Account is further affirmation of your representation and warranty.
11.1.5 It is recommended that you do not share your Account details, particularly your username and password.  Tuffstuff Ltd. accepts no liability for any losses or damages incurred as a result of your Account details being shared by you.  If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
11.1.6 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Tuffstuff Ltd. immediately to suspend your Account and cancel any unauthorised purchases that may be pending.  Please be aware that purchases can only be cancelled until they are dispatched.  In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Tuffstuff Ltd. accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
11.1.7 When choosing your username you are required to adhere to the terms set out above in Clause 10.  Any failure to do so could result in the suspension and/or deletion of your Account.

12. Termination and Cancellation

12.1 Either Tuffstuff Ltd. or you may terminate your Account.  If Tuffstuff Ltd. terminates your Account, you will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
12.2 If Tuffstuff Ltd. terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
12.3 Tuffstuff Ltd. reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
12.4 If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
12.5 If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
12.6 Your account can be terminated at any time by emailing info@tuffstuff-ltd.co.uk

13. Goods, Pricing and Availability

13.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Tuffstuff Ltd. correspond to the actual Goods, Tuffstuff Ltd. is not responsible for any variations from these descriptions.  This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether.  Please refer to Clause 16.3 for incorrect Goods.
13.2 Tuffstuff Ltd. does not represent or warrant that such Goods will be available.  Stock indications are not provided on the Website.
13.3 All pricing information on the Website is correct at the time of going online.  Tuffstuff Ltd. reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
13.4 In the event that prices are changed during the period between an order being placed for Goods and Tuffstuff Ltd. processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;

14. Delivery

14.1 Tuffstuff Ltd. will notify you by way of email when your goods are to be dispatched to you.  The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
14.2 If Tuffstuff Ltd. receives no communication from you, within 10 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.

15. Returns Policy 

Tuffstuff Ltd. aims to always provide high quality Goods. Please note - unless faulty, embroidered items cannot be returned.  Returns are governed by these Terms and Conditions.

15.1 If you return items for reasons other than defects in the goods, or incomplete, or incorrect delivery, you will be required to arrange and pay for the return of the items to us. Please ensure that you obtain a Proof of Postage when you return the goods to us in order to provide proof to us that you have returned the goods, in the unlikely event that we do not receive the returned parcel.
15.1.1 When returning damaged items, please ensure that you provide the order number, keep the box, packaging materials and the damaged items for inspection by us.   Upon receipt of the returned Goods and inspection  verifying that the items are faulty, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
15.2 If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 10 days to arrange collection and return.  Tuffstuff Ltd. is responsible for paying shipment costs.  You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods.  Refunds and replacements will be issued upon our receipt of the returned Goods.
15.3 If you require a refund we will refund the price paid by you for the goods (excluding the initial delivery charge) within (30) days of receiving your returned goods, provided you have returned the goods to us in their original condition (inclusive of any packaging and packaging materials) within 14 days of delivery. We will notify you by email of your refund.

16. Privacy

Use of the Website is also governed by our Privacy Policy which is incorporated into these Terms and Conditions by this reference.  To view the Privacy Policy, please click on the link above.

17. Disclaimers

17.1 Tuffstuff Ltd. makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
17.4 Whilst Tuffstuff Ltd. uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

18. Changes to the Service and these Terms and Conditions

Tuffstuff Ltd. reserves the right to change the Website, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes.  If Tuffstuff Ltd. is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

19. Availability of the Website

19.1 The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
19.2 Tuffstuff Ltd. accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, computer viruses, system failures, malfunctions or acts of war or legal restrictions and censorship.

22. Delivery

We aim to dispatch most Orders by First Class Mail the next working day. Delivery times may vary.

Shipping is calculated by number of items dispatched, 1-4 items at £3.50, 5-9 items at £4.50, 10 or more items will be dispatched by courier for £9.50.

The majority of orders will dispatched same or next working day BUT please allow up to 2 weeks for delivery to be on the safe side. If you need something urgently please call and check this can be delivered by the date you need it for, as we do agility trade stands throughout the season and some of these are week long shows.

21. Limitation of Liability

20.1 To the maximum extent permitted by law, Tuffstuff Ltd. accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
20.2 Nothing in these Terms and Conditions excludes or restricts Tuffstuff Ltd.’s liability for death or personal injury resulting from any negligence or fraud on the part of Tuffstuff Ltd..
20.3 Nothing in these Terms and Conditions  excludes or restricts Tuffstuff Ltd.’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
20.4 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

22. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

23. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

24. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party.  The agreement created by these Terms and Conditions is between you and Tuffstuff Ltd..

25. Communications

24.1 All notices / communications shall be given to us either by post to our Premises (see address above) or by email to info@tuffstuff-ltd.co.uk.  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
24.2 Tuffstuff Ltd. may from time to time send you information about our products and/or services.  If you do not wish to receive such information, you may change your preferences at any time in your account or opt out via any of our newsletters by clicking the ‘unsubscribe link’ or by sending us an email.

26. Law and Jurisdiction

These Terms and Conditions and the relationship between you and Tuffstuff Ltd. shall be governed by and construed in accordance with the Law of England and Wales and Tuffstuff Ltd. and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.