Terms & Conditions
This is the Trutex.com website ("Website") which is owned, operated and maintained by Trutex Limited ("Trutex", "we", "us"). We are registered in England under company number 7132787 with a registered office at Taylor Street, Clitheroe, Lancashire BB7 1NL.
The use of this Website is subject to the following terms and conditions ("Terms and Conditions") which set out the rules for how we run the Website and which you should read carefully. By using this Website you acknowledge that you have read and you agree to be legally bound by and comply with these Terms and Conditions.
We reserve the right to change the contents of this Website, including these Terms and Conditions at any time without notice by posting such changes on the Website. It is your responsibility to familiarise yourself with the Terms and Conditions regularly to ensure that you are aware of any changes. Your use of the Website after a change has been posted will signify your acceptance of the modified Terms and Conditions.
- 1. COPYRIGHT
All Website design, text, graphics and the selection and arrangement of them are either Copyright ©2018 Trutex, or its third party licensors. All rights, save as expressly granted, are reserved.
- 2. TRADEMARKS
- 2.1 This Website contains registered and unregistered trade marks belonging to Trutex and other companies in the Trutex group of companies including without limitation TRUTEX®, TRUTEX KIDS®. The unregistered trade marks include graphics, logos, words, phrases and icons contained on this Website. No rights are granted in respect of any of the above trade marks. If you are in doubt whether an item is a trade mark of Trutex or a Trutex group company, please contact us for clarification at the address below.
- 2.2 All other product names, company names, marks, logos and symbols referenced in the Website may be the trade marks of third parties.
- 3. PROHIBITION OF USE OF WEBSITE CONTENT
Please do not use the Website in any way that may infringe the intellectual property rights contained in the Website. This means that you may not adapt, reproduce, publish, upload, post, reutilise, redistribute, retransmit, broadcast, extract, alter or store all or any of the contents of the Website including but not limited to any trademarks or copyrighted material as referred to in paragraphs 1 and 2 above without Trutex's, or the relevant third party's, express permission (although you may download and print out pages from the Website for the sole purpose of viewing for your own personal information).
- 4. DISCLAMER OF CONTENT
- 4.1 Whilst we have taken all reasonable steps to ensure the accuracy and completeness of the information on this Website it is provided on an "as is" basis and we give no warranty and make no representation regarding the accuracy or completeness of the content of this Website. Further, no warranty is given that the Website shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.
- 4.2 Access to and use of this Website is at the user's own risk and we do not warrant that the use of this Website or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses. You are recommended to take all appropriate safeguards before downloading information or images from the Website.
- 4.3 The information contained in the Website has not been written to meet your individual requirements and it is your sole responsibility to satisfy yourself prior to ordering any products from us that they are suitable for your purposes. Orders will be subject to the Terms and Conditions contained in section C, below.
- 4.4 Any advice given on this Website is for guidance purposes only. Any such advice should not be relied upon or used as a substitute for legal or other professional advice on your specific requirements.
- 4.5 We shall not be liable to you for any of the following (whether or not we were advised of, or knew of, the possibility of such losses) whether arising from any claim arising out of or in connection with the use of the Website including without limitation under any tort including negligence, for breach of contract, for misrepresentation (other than fraudulent misrepresentation), intellectual property infringement, under any statute or otherwise:
- 4.5.1 any indirect, special or consequential losses;
- 4.5.2 in respect of losses or damages arising out of changes made to the content of this Website by unauthorised third parties;
- 4.5.3 any loss of business, data, profits, revenue, goodwill, use or anticipated savings; or
- 4.5.4 loss or damage to your, or any third party's, data or records.
- 5. EXCEPTION TO DISCLAIMER OF CONTENT (PARAGRAPH 4) AND LIMITATIONS OF LIABILITY (PARAGRAPH 14)
- 5.1 We do not seek to exclude or limit our liability to you for:
- 5.1.1 death or personal injury;
- 5.1.2 fraud; or
- 5.1.3 any terms implied under the Sale of Goods Act 1979 or the Sale of Goods and Services Act 1982, any liability arising under the Consumer Protection Act 1987.
- 5.2 Nothing in these Terms and Conditions shall exclude or limit our duties and liabilities under any applicable legislation or any conduct of business rules which we are bound to comply with.
- 5.3 Except as expressly provided in these Terms and Conditions we exclude all representations, conditions and warranties whether express or implied (by statute or otherwise) to the fullest extent permitted by law.
- 6. LINKS TO THIRD PARTY WEBSITES
- 6.1 The use of third party websites is entirely at your own risk. Links contained in the Website will lead to other websites not under our control, and we accept no liability for the content of any linked site or any link contained in a linked site. Links provided on the Website are provided to you only as a convenience and the inclusion of any link does not imply reliability and endorsement by us of the content of any third party's website.
- 6.2 These Terms and Conditions do not apply to any third party website linked to the Website or any other Trutex or Trutex group company websites. You should read the terms and conditions of those websites before using them and direct any questions or comments about the linked website's contents to the relevant website provider.
- 6.3 You are not entitled (nor will you assist others) to set up links from your own websites to the Website (whether by hypertext linking, deep-linking, framing, toggling or otherwise) without our prior written consent, which we may grant or withhold at our absolute discretion.
c. Shopping on the website
The following Terms and Conditions apply to how we supply any goods displayed for sale on our Website ("Goods") which you purchase through our Website.
Nothing in these Terms and Conditions affects your statutory rights.
- 7. PRINTING AND PRICING ERRORS
- 7.1 The placing of a product on our Website is an invitation to accept offers for products and is not an offer to sell at the listed price nor is it binding on us. We are under no obligation to accept your order (whether or not the order has been confirmed and the credit card been charged).
- 7.2 In the event a product is listed at an incorrect price due to a typographical error, we will notify you of the correct price by e-mail and we will give you the choice of either purchasing the product at the correct price or cancelling your order. If you confirm you want the product at the corrected price we will deliver the product to you. If payment has been charged for the purchase and you cancel your order we will, on return of the Goods, immediately issue a refund.
- 8. PRICES, PAYMENT AND DELIVERY
- 8.1 The prices for Goods are inclusive of VAT. Delivery charges are as set out in the check out process.
- 8.2 Payments must be made by credit, debit card or via Amazon or Paypal accounts and we shall not despatch any Goods until we receive confirmation of payment.
- 8.3 Your payment will be processed by a Secure Connection at the time you place your order on the relevant section of the Website.
- 8.4 Where Goods are to be supplied from stock, such supply is subject to availability of stocks at the date of your order.
- 8.5 Delivery is restricted to the United Kingdom. Notwithstanding paragraph 8.4, we aim to deliver Goods to UK mainland addresses within 7 working days from despatch (excluding weekends and bank holidays). We will inform you as soon as we can if we are unable to deliver the Goods within 30 days of your order and you may agree an alternative delivery period or you may cancel the order In no event shall we be liable for any damages or penalty for any delay in delivery.
- 8.6 Please ensure on delivery that the Goods are undamaged. If they are damaged you need to notify us straight away. You should keep your delivery note and packaging.
- 8.7 Risk in the Goods passes to you when the Goods are signed for at the delivery address stipulated in your order. Trutex accepts no responsibility for any damage or loss to the Goods after risk passes.
- 9. YOUR RIGHT TO CANCEL
- 9.1 You may cancel your order for Goods at any stage before the Goods are despatched and up to 14 calendar days after Goods are delivered. To cancel your order under this paragraph 9.1, you must notify us at our address in writing, (including e-mail, letter, fax or text message) or by telephone and return the Goods to us within 14 days of this notification, or prove evidence of. We will (at your option) exchange the Goods or refund you the amount paid for the Goods provided that the Goods are complete, unused, in 'as new' condition and with any accessories. We hold the right to reduce the amount of money refunded should the goods returned show evidence of use beyond the handling necessary to see whether the goods are as expected.
- 9.2 If you cancel prior to despatch of the Goods we will make a Refund to you.
- 10. RETURNS POLICY
- 10.1 If the Goods are defective, incorrect or damaged on delivery, please notify us as soon as you become aware of any problem and return the Goods to us. On cancellation for whatever reason you must return to us the Goods we have delivered to you.
- 10.2 All Goods being returned should be posted at a Post Office, using the Free Post Returns label, and should be accompanied by a returns note (the second half of the despatch note) with all details completed. Please ensure that a Proof of Return is received from the Post Office counter on posting.
- 10.3 We ask that you allow us to (at your option) repair, replace or refund you for the price paid for any Goods which are found to be defective, incorrect or damaged on delivery.
- 10.4 If you opt to exchange the Goods, please provide a contact telephone number on your returns note. If any additional payment is then required for the product you are exchanging for we will telephone you to arrange this. Replacement Goods will not be despatched until payment has been received, if required.
- 11. REFUNDS
- 11.1 Refunds will be made (less any applicable discount) by re-crediting your payment card account from which the money was originally debited. All refunds will be made within 14 days of us receiving the returned goods or upon evidence that you have returned the goods to us.
- 11.2 A full refund will be issued if the goods are returned with no sign of unreasonable use which would lead to the diminished value of the products. The refund will include standard postage costs if postage costs have been incurred.
- 12. SECURITY
Our secure server software encrypts all your payment card details. The process scrambles all the information, allowing no unauthorised third party to intercept the data. Your browser will confirm that you are shopping in a secure environment by showing either a locked padlock icon or an image of a padlock next to the payment details in the relevant area of the Website.
- 13. COMPLAINTS PROCEDURE
In the event that we fail in meeting our high standards of customer service please do not hesitate to contact Customerservices@trutex.com. We will do our very best to deal with your complaint as soon as possible and make every effort to reach a satisfactory conclusion on your behalf in order to retain your valued custom.
- 14. LIMITATION OF LIABILITY
- 14.1 In respect of any cause of action (including an action for negligence) arising out of or in connection with any purchase made from the Website, our entire liability shall be limited, to the extent that the cause of action relates to the items purchased on our Website to (at your option):
- 14.1.1 repairing or supplying the Goods again; and
- 14.1.2 refunding the amount paid by you in respect of the Goods purchased.
- 14.2 Our aggregate liability in respect of all causes of action arising out of or in connection with the Goods purchased on our Website or in connection with your use of the Website (whether for breach of contract, in negligence or any other tort, under statute or otherwise at all), including for the loss or damage to Goods whilst in transit, will not exceed an amount equal to the value of the Goods delivered to you under these Terms and Conditions.
- 14.3 Save in respect of death and personal injury we shall not be liable (whether in contract, tort (including negligence) or otherwise) for any claim arising under or in connection with Goods purchased from the Website or your use of the Website unless you give us written notice of the claim within three months of becoming aware of the circumstances giving rise to the claim or, if earlier, three months from the time you ought reasonably to have become aware of such circumstances.
- 15. NATURE OF WEBSITE
- 15.1 The information, service and products on this Website are intended for use by residents of the UK only, and are not aimed at or intended for use by residents of any other jurisdiction.
- 15.2 The contents of this Website do not purport to provide any financial, investment or professional advice and nothing on the pages of this Website shall be deemed to constitute the provision of financial, investment or other professional advice in any way.
- 16. LAW AND JURISDICTION
- 16.1 These Terms and Conditions will be governed by and construed in accordance with the laws of England and Wales. Disputes arising in relation to this Website shall be subject to the exclusive jurisdiction of the courts of England and Wales.
- 16.2 Certain provisions contained in these Terms and Conditions may be disallowed by the laws of the country from which you are accessing the Website. If any provision is unenforceable or invalid then the provisions of paragraph 18 shall apply.
- 17. ENTIRE AGREEMENT
These Terms and Conditions represent the entire understanding relating to the use of the Website and supersede all other statements, representations or warranties (whether written, made by email or oral) made by Trutex. Nothing in these Terms and Conditions shall affect the liability of either party in respect of any misrepresentation, warranty or condition that it makes fraudulently. Any rights not expressly granted in these Terms and Conditions are reserved by Trutex.
- 18. SEVERANCE
If any provision of these Terms and Conditions are found to be invalid or unenforceable by a court, it will be severed from the rest of these Terms and Conditions which shall remain unaffected.
- 19. THIRD PARTY RIGHTS
A person who is not a party to this contract is not entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
- 20. FORCE MAJEURE
We shall not be liable to you for any delay in, or failure of, performance of our obligations under these Terms and Conditions arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.
- 22. TRUTEX OFFERS AND PROMOTIONS
Trutex reserve the right to remove any promotion or offer without prior notice.