Terms and Conditions admin
Sale Terms and Conditions
(as amended 26/05/2015)
1. General Information
1.1 We operate the website www.tmlt.co.uk. We are TRACE ME Luggage Tracker Limited, a company registered in England and Wales under company number 04597661 and with our registered office and main trading address at Dettingen House, Dettingen Way, Bury St Edmunds, Suffolk, IP33 3TU, UK. Our VAT number is 916502048.
1.2 To contact us, please see our Contact Us page.
1.3 These Terms will apply to any contract between us for the sale of any Products to you (Contract). You should print a copy of these Terms or save them to your computer for future reference.
1.4 These Terms, and any Contract between us, are only in the English language
2. Our Products
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3. If you are a consumer
This clause 3 only applies if you are a consumer.
3.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
3.2 We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us. If you require any changes, please make sure you ask for these to be put in writing. This can help avoid any problems about what you expect from us and what we expect from you.
4. If you are a business customer
This clause 4 only applies if you are a business.
4.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products or Services.
5. How the contract is formed between you and us
5.1 To order a Product, you must place an order on our site. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.2 We will confirm our acceptance of your order to you by sending you an e-mail that confirms your order and that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
5.3 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
6. Our right to vary these terms
6.1 We may revise these Terms from time to tim Whenever we revise these Terms in accordance with this clause 6, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
6.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
7. Right of return and refund
This part of this clause 7 only applies if you are a consumer.
7.1 If you are a consumer, you have a legal right to cancel a Contract at any time starting from the date of the Dispatch Confirmation and ending 14 days from the day after you receive the Products. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
7.2 However, this cancellation right does not apply in the case of products made to your specification or clearly personalised.
7.3 To cancel a Contract, please
contact us in writing to tell us, If you use this method we will e-mail you to confirm we have received your cancellation; or
If you send us your cancellation notice by e-mail or post, then your cancellation is effective from the date you sent us the e-mail or letter.
7.4 If you cancel a Contract we will:
refund you the price you paid for the Products using the method that you used to pay for the Products. However, we may reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop;
refund any delivery costs you have paid, although the maximum amount we will refund you will be the cost of delivery by the least expensive delivery method we offer.
make any refunds due to you as soon as possible and in any event within 14 days of the day we receive the Products back from you or (if you have not received the Products) within 14 days of the day you inform us of your decision to cancel.
7.5 If you have returned the Products to us under this clause 7 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
7.6 If the Products were delivered to you:
you must return the Products to us as soon as reasonably practicable.
unless the Products are faulty or not as described (in this case, see clause 7.5), you will be responsible for the cost of returning the Products to us;
you must keep the Products in your possession and take reasonable care of the Products while they are in your possession.
7.7 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 7 or these Terms.
This part of this clause 7 only applies if you are a business customer
7.8 We may, in our absolute discretion, allow returns of Products which are not faulty or mis-described. You may not return any such Products without our prior written approval.
7.9 Where we accept returns in accordance with clause 7.8, then:
you shall be responsible for the cost of returning the Products to us; and
the Products shall remain at your risk until they are delivered to us.
8.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control.
8.2 If you are a business customer, time of delivery shall not be of the essence of the Contract.
8.3 Delivery will be completed when we deliver the Products to the address you gave us.
8.4 The Products will be your responsibility from the completion of delivery.
8.5 You own the Products once we have received payment in full, including all applicable delivery charges.
8.6 If you live outside of the UK, you will be responsible for payment of any import duties and taxes. Please contact your local customs office for further information before placing your order.
8.7 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
9. Price of products and delivery charges
9.1 The current prices of the Products will be as quoted on our site but may be changed from time to time.
9.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
9.3 The price of a Product includes VAT (where applicable) at the applicable rate chargeable in the UK when your order is confirmed.
9.4The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site but may be changed from time-to-time and will be notified to you before you confirm your order.
10. How to pay
10.1 You can pay for Products using any one of the methods listed on our site, which may vary from time-to-time.
10.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge you until we dispatch your order.
11. Our warranty for the Products
11.1 We provide a warranty that on delivery and for a period of 3 years from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 11.2.
11.2 The warranty in clause 11.1 does not apply to any defect in the Products arising from:
fair wear and tear;
wilful damage, abnormal storage or working conditions (including, but not limited to, main power transients or dropouts, electromagnetic interference, extremes of humidity, vibration, electro-static damage, temperature or pressure or chemical corrosion), accident, negligence by you or by any third party;
if you fail to use the Products in accordance with any user instructions;
any alteration or repair by you or by a third party on your behalf; or
any specification provided by you.
11.3 If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. 11.4 If a Product is faulty, you must notify us of the defect within 7 days of the date of delivery, or (if later) as soon as reasonably possible after you become aware of the fault.
12. Our liability if you are a business
This clause 12 only applies if you are a business customer.
12.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
12.2 Nothing in these Terms limit or exclude our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
defective products under the Consumer Protection Act 1987.
12.3 Subject to clause 12.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
any loss of profits, sales, business, or revenue;
loss arising from the delivery of a Product after the estimated delivery date;
loss of luggage to which the Product was or had been attached;
any defect in a Product unless you inform us of the defect in writing within 7 days of delivery, or as soon as reasonably possible after you become aware of the defect (if later);
loss or corruption of data, information or software;
loss of business opportunity;
loss of anticipated savings;
loss of goodwill; or
any indirect or consequential loss.
12.4 Subject to clause 12.2 and clause 12.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Product.
12.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
13. Our liability if you are a consumer
This clause 13 only applies if you are a consumer.
13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
13.2 Despite clause 13.1, we shall not, in any circumstances, be responsible for:
the loss of any luggage to which a Product was or had been attached; or
any defect in a Product unless you inform us of the defect in writing within 7 days of delivery, or as soon as reasonably possible after you become aware of the defect (if later).
13.3 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.4 We do not in any way exclude or limit our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
defective products under the Consumer Protection Act 1987.
14. Events outside our control
14.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
we will contact you as soon as reasonably possible to notify you; and
our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15. Communications between us
15.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
15.2 You can contact us by one of the methods listed on our Contact Us page or by post at Dettingen House, Dettingen Way, Bury St Edmunds, Suffolk, IP33 3TU, UK.
15.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
15.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
16. Other important terms
16.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of the warranty in clause 11 to the recipient of the gift without needing to ask our consent.
16.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 11, but we and you will not need their consent to cancel or make any changes to these Terms.
16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
16.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
16.8 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).