Terms & Conditions Tiedex Limited
These Terms and Conditions apply to:
- (1) the use of www.Tiedex.co.uk (the “website”); and
- (2) our sale and supply of goods and services via this website.
The website is the property of Tiedex (“Tiedex”), which provides you access and use of this website subject to your compliance with these Terms and Conditions and all related policies and terms (collectively, the "Site Terms"). The Site Terms include, but are not limited to the Delivery, Cancellations, and Assistance Policy. Please review these Terms and Conditions and all related policies and terms before using this website.
By using and accessing the website you agree to be bound by the Site Terms and all applicable law. You agreed with these Site Terms the first time you accessed this website from a particular computer or device and confirm your agreement each time you use this website.
If you do not have the authority to agree to or accept these Site Terms, you may not use or access this website.
The links below provide detailed information about our Site Terms. Please read them carefully:
PART (1): TERMS APPLICABLE TO THE SUPPLY OF GOODS AND SERVICES VIA THE WEBSITE
Definitions and Interpretation
In the Site Terms:
"Consumer" means an individual who uses the website to purchase goods or services from us that are not related to their trade, business, or profession.
"Cookies" are small text files stored on your computer.
"Tiedex Companies" means the group of companies of which we are part, which currently includes Tiedex Wholesale Corporation, Price Tiedex International, Inc., and Tiedex Limited.
"Tiedex Member" means a trade or individual member of any of the warehouse club membership programs operated by the Tiedex Companies or their affiliates.
"Tiedex Satisfaction Guarantee" means the Tiedex satisfaction guarantee set out in the Consumer Delivery, Cancellation, Replacement, and Returns Policies.
"Personal Data" means data that identifies an individual or that can be reasonably associated with a specific person or entity, such as a name, contact information, telephone number, Internet (IP) address, and information about an individual’s purchases and online shopping;
"Site Materials" means all materials on the website including, but without limitation to, trademarks, design, product description, HTML text, graphics, other files, photographs, codes, software layout, designs forms, and the selection and arrangement thereof;
"Subscriber" means an individual who pays a fee to shop on www.Tiedex.co.uk but who is not a current Tiedex Member.
"We" or "us" or "Tiedex" means Tiedex Online UK Limited. In the Site Terms, paragraph headings are used for convenience only. They are not intended to describe the entire content of the paragraphs or have any effect on their interpretation.
PART 1: TERMS APPLICABLE TO THE SUPPLY OF GOODS AND SERVICES VIA THE WEBSITE
- Contract, Pricing, Formation, Payment
Products sold online may have different pricing than the same products sold at your local Tiedex warehouse due to shipping and handling fees charged for delivery. However, prices on the website do not include the fee or any Tiedex Membership fee which is applied online. fees/ Tiedex Membership fees are subject to VAT, which must be paid in addition. fees/Tiedex Membership fees will be separately itemized in the checkout section on the website and added to the price of the goods and services.
Nothing in these Site Terms or elsewhere on this website constitutes an offer to sell or supply goods or services, including a to Tiedex.co.uk or an application made online for Tiedex Membership. Your order of goods or services or application for an account/Tiedex Membership constitutes an offer to purchase them. Our Order Confirmation confirms the receipt of your order but does not constitute an acceptance of it. Once we accept the order, however, we must supply the goods you ordered.
Except in the case of Higher Value Goods, we accept your order when we despatch the goods or begin to supply the services that you have ordered. This concludes the contract of sale for the goods despatched, but not for any other goods or services that you may have ordered at the same time.
In the case of Higher Value Goods, the contract between Tiedex and you for the sale/purchase of the goods concerned will not take place until the goods are made available for your inspection at the delivery address you have specified, and you have signed a receipt provided by the carrier. If you choose not to sign the receipt, we will retain the goods in question and your offer to purchase them will be deemed withdrawn.
Title to goods that you order will not pass to you until we have received payment in full for the goods concerned and the goods are delivered to you. We reserve our rights to retain the goods or recover them from you, at any time until you have paid in full. The risk of loss of or damage to goods that you order will pass to you at the same time as the title passes.
We shall be under no liability for any delay or failure to deliver goods or services ordered via this website if the delay or failure is caused by circumstances beyond our reasonable control.
We welcome debit cards (UK Maestro, Visa Debit), all major credit cards (Mastercard, American Express, and Visa), and PayPal online at www.Tiedex.co.uk. Saved payment method details can continue to work even if your physical card has been replaced by the issuing bank. Our token management service works with card networks and automatically attempts to update saved card details whenever a customer receives a new card (e.g., replacing an expired card or one that was reported lost or stolen). This allows you to continue using our service without interruption and reduces the need for us to collect new card details whenever a card is replaced. For more information regarding payment types accepted in our warehouses, please.
All card payments are subject to authorization by your card issuer. If your payment is not authorized, or for any other reason we are not able to take payment when we attempt to do so, we will not fulfill your order. We reserve the right to refuse a to any applicant, and we may revoke an at any time with or without cause.
For most products sent directly from our depot, the value of your order will be ring-fenced against your credit/debit card when your order is placed. If the product is being delivered directly to you from a supplier, for instance in the case of larger products such as electrical appliances, spas, installed items, and furniture, you may be charged at any point between confirmation of your order and despatch.
Please note that if you choose to pay by PayPal, your payment will be taken immediately on selected items.
- Product Descriptions and Availability, Price indications and Offers and Changes
- We take reasonable precautions to ensure that goods and services are fairly and accurately described on our website and that they are available at the prices listed. However, please note that subject to applicable law, we: (a) reserve the right to change the goods and services advertised or offered for sale through this website without any prior notice, the prices or specifications of such goods and services, and any promotional offers and any other Site Materials at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on this website will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale.
- Subject to applicable law, we: (a) do not warrant that the Site Materials (including but without limitation to product descriptions, photographs, and product user guides) are accurate, complete, reliable, current, or error-free; and (b) reserve the right not to process orders, and to revise orders or recover funds where the price or other material information on this website is inaccurate or when we recognize there has been a material error or breach of the Site Terms.
- The images of the products on our website are for illustrative purposes only.
- If we do not process any order for such reason, we will advise you that the order has been cancelled and will either not charge you or will apply a credit to the payment type used in the order.
- This website may only be used to order goods and services for delivery to addresses in the UK.
- Our Responsibility for Loss or Damage suffered by you as a result of using our Website and the Sale of Goods on our Website
- Subject to the paragraphs below in this Section D, Tiedex shall not be responsible to you for any losses suffered by you because of or in connection with your use of the website or any inability to use the website or use of or reliance on any content displayed on our site.
- If we fail to comply with these Site Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Site Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights about the products; and defective products under the Consumer Protection Act 1987.
- If we are providing services on your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
- If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
If you are not a Consumer or if you use the products for any commercial, business, or re-sale purpose we will have no liability to you for any business losses (whether foreseeable or not) including:
- loss of profits, sales, business, or revenue.
- business interruption.
- loss of anticipated savings.
- loss of business opportunity, goodwill, or reputation.
- loss of use.
- loss of data.
- special, punitive, or exemplary damages; or
- any indirect or consequential loss or damage.
If you are not a Consumer, our maximum aggregate liability to you in respect of goods and services that you purchase from us via the website (whether in contract, tort including negligence, strict liability, breach of statutory duty, or other legal theory) shall be limited to the price charged to you about those goods and services.
PART 2: TERMS APPLICABLE TO USE OF THE WEBSITE
- Limitations on Usage, Licence, and Website Access
The use of this website is governed by the laws of England and Wales. The laws of your jurisdiction may be strict than the laws that apply to this website. If you access this website from outside the UK, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
This website may only be used to order goods and services for delivery to addresses in the UK.
If you meet the above requirements, we grant you a limited license to make personal use only of the website. Such grant does not include, without limitation: (a) any resale or commercial use of this website or any Site Materials (defined above); (b) modification, adaptation, translation, reverse engineering, de-compilation, disassembly or conversion into human readable form any of the Site Materials not intended to be so read, including use of or directly viewing the underlying HTML or other code from this website except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Site Materials (including any trade marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making modifications to or other derivative uses of the website and any Site Materials; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site Materials or to collect any information from the website or any other user of the website. Except as noted above, you are not granted any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, database right, or other Intellectual Property right belonging to the Tiedex Companies or any third party. You may not use any meta-tags or any other ’hidden text’ utilizing any name, trademark, or product name of the Tiedex Companies without our express written consent. We may terminate this license, your and/or your use of or access to the website at any time if you breach or permit any breach of these Site Terms. Such actions by you may also breach applicable laws, including but without limitation to copyright laws, trademark laws, communications, regulations, and statutes. We reserve the right to enforce our legal rights.
- Passwords and Security
If you use a password to access this website or any portion of it, then you are responsible for maintaining the confidentiality of the password and for restricting access to your computer. If you use a shared computer, remember to sign out once you finish shopping at Tiedex.co.uk. If the confidentiality of your account or password is compromised in any manner, you must immediately notify our Customer Care Centre on our freephone number 03333 034 064.
We reserve the right to take all action as necessary or reasonable to maintain the security of the website and your account, including but without limitation to terminating your account, changing your password, or requesting information to authorize or cancel transactions on your account.
While we take prudent steps to protect your account and the website, we cannot protect your information outside of the website. For example, if we communicate with you electronically but outside of the website, you acknowledge that the communication may not be transmitted and/or stored securely and may be viewed by others. You acknowledge that by requesting information by e-mail, we may transmit it to you and store it in an unencrypted form. Similarly, e-mails you send to us may also be unencrypted, and thus may be viewed by others. We may rely on the authority of anyone accessing your account or using your password. You accept responsibility for their activities. In no event will we be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Tiedex.co.uk under this provision; (ii) any compromise of the confidentiality of your account or password, and (iii) any unauthorized access to your account or use of your password.
- Intellectual Property
All Site Materials are owned by us or other Tiedex Companies and are protected by the UK and international copyright, trademark, and other intellectual property laws.
TIEDEX, TIEDEX.CO.UK, KIRKLAND SIGNATURE (and other registered trademarks owned by Tiedex listed on the attached Exhibit A), and their respective designs and logos are either trademarks or registered trademarks of Tiedex Companies and may not be copied, imitated or used, in whole or in part, without our prior written permission.
In addition, all page headers, custom graphics, button icons, and scripts are trademarks of Tiedex and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned herein or on this website are the property of their respective owners.
- Restrictions on Use
Except as stated in the Site Terms, none of the materials and Intellectual Property described in these Site Terms may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without our prior written permission or the respective intellectual property rights owner.
You may electronically copy and print portions of this website for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in this website, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance without our prior written permission is strictly prohibited.
Any software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively “Software”), that may be made available on this website is licensed to you on a non-exclusive and limited basis. The Tiedex Companies shall retain complete title and all intellectual property rights to Software. You shall not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create modified copyright works or other derivative works from any Software.
- Links to the website
You are granted a limited, non-exclusive right to create a hypertext link to the home page only of this website, provided such link does not portray any of the Tiedex Companies or any of their products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame, or utilize framing techniques to enclose any Tiedex trademark, logo, or other proprietary information of the Tiedex Companies, including the images found at this website, the content of any text or the layout/design of any page, or form contained on a page without our express written consent. All other linking is prohibited without our prior consent. Except as noted above, you have not conveyed any right or license by implication, estoppel, or otherwise to any patent, trademark, copyright, design right, database right, or another intellectual property right of the Tiedex Companies or any third party.
- Third-Party Links
We provide links and access to third-party websites that we allow to offer goods, information, and/or services. We do not monitor or assume responsibility for the content of third parties' statements or websites. Accordingly, we do not endorse or adopt these websites or any information they contain. We make no representations or warranties whatsoever regarding, such third-party websites and accept no responsibility for the quality, content, nature, accuracy, or reliability of websites accessible by hyperlink from this website or otherwise linked to this website.
- Your Responsibilities; Information you provide to us; Enforcement
If you become a Tiedex Member, Subscriber, and/or register on this website, you agree that any information you provide to us will be current, accurate, and complete. You must inform us of any changes to that information by updating your registration details on this website.
In addition, you agree not to use the website to (a) Engage in or encourage a criminal offense, breach the rights of any party, or otherwise create liability or breach any national, or international law; (b) Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and (c) Disseminate any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, bots or any other computer programming routines that may damage, spy-on, interfere with, surreptitiously intercept or expropriate any system, program, data or Personal Data controlled or possessed by Tiedex.co.uk.
All-access to and use of this website is governed by and subject to the Site Terms. We have the right, but not the obligation, to monitor any activity and content associated with forums and interactive areas on this website. We may access at any time and use internally for any lawful purpose information stored on our systems, including the content of any e-mails or other communications. Consistent with our Privacy Statement and data protection legislation, we may disclose such information to any third party including law enforcement agencies to protect our rights, property, or staff in response to the legal process, or in a good faith belief that such disclosure is justified or required in an emergency.
We may investigate any reported breach of our Site Terms or complaints and take any action that we deem appropriate. We have the right, but not the obligation, to carry out this process. We can carry out such actions, including but not limited to: issue a warning, suspend or terminate your access and use of the website and related services at any time. Tiedex takes no responsibility and assumes no liability for any Content posted or uploaded by any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter on this website.
Responsibility for Your Conduct
You agree to reimburse Tiedex and its employees, agents, and representatives for amounts paid in compensation to any third party arising out of your misuse of the website, your breach of any Site Terms, or any rights of a third party. Indirect or attempted breaches of these Site Terms or any policy and actual or attempted breaches by a third party on behalf of a user of this website will be considered breaches of these Site Terms by such user.
We do not knowingly permit any person under 18 years of age to use this website. If you are under 18 years of age, you must not attempt to order goods or submit Personal Data via this website or otherwise use this website.
This website and the materials provided on it are provided on an "as is" basis and, to the extent permitted by applicable law, without warranties of any kind, either express or implied. Tiedex disclaims, to the extent permitted by applicable law, all warranties, conditions, and terms express or implied, including, but not limited to, any warranties that might be implied as to the compatibility of the website with your computer equipment, software, or telecommunications links, or as to the fitness for any particular purpose of the website or the content on the website.
Tiedex does not represent or warrant that the website will be available, that the website services will meet your requirements or that materials in this website are accurate, complete, reliable, current, or error-free.
Tiedex does not represent or warrant that this website or its server(s) are free of viruses or other harmful components, even if Tiedex or its authorized representatives have been advised of the possibility of such viruses or other harmful components and you are advised to use up-to-date commercially available virus screening software when accessing or otherwise using this website. You expressly agree that the use of this website, including all content, data, or software, distributed by, downloaded, or accessed from or through this website is at your sole risk.
Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Tiedex.
PART 3: TERMS APPLICABLE TO BOTH PART (1) AND PART (2) ABOVE
- Related Policies and Terms
Certain other, or amended, terms apply in the case of particular goods or services, where indicated elsewhere in the Site Terms or the relevant part of the website.
- Modification of Site Terms
We reserve the right to modify these Site Terms at our sole discretion from time to time and only we have the right to do so. You may not alter, exclude, or add to the Site Terms, and any attempt to do so shall have no effect. If the Site Terms are changed, we will post the new terms on the website and note the date they were last updated. Any changes or modifications will be effective upon posting of the Site Terms as revised. Your use of the website following the posting will constitute your acceptance of the new Site Terms. However, any changes to the Site Terms will not affect the terms of any order you have already placed for goods or services via this website before such posting.
- Governing Law and Jurisdiction
Whether you are a Consumer or not, you and we both agree that these Site Terms shall be governed by and construed by the laws of England and Wales.
If you are a Consumer, you and we both agree that the courts of England and Wales will have exclusive jurisdiction except that 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.
If you are not a Consumer, we both agree to the exclusive jurisdiction of the courts of England and Wales.
Notwithstanding the Site Terms, we reserve the right, without notice and in our sole reasonable discretion, to terminate your license to use this website and to block or prevent future access to and use of this website if you breach any of the Site Terms or applicable law. Upon termination, these Site Terms shall still apply.
- Severability and Waivers
If any provision of the Site Terms is found to be unlawful, void, or unenforceable, then that provision shall be deemed to be severed from the rest of the Site Terms and shall not affect the validity and enforceability of any remaining provisions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provisions documented within the Site Terms. All waivers shall be made in writing.
- Third Party Rights
No party who is not a party to the agreement between us created by the Site Terms (other than Tiedex's subsidiaries and affiliates) shall have any right to enforce any of the Site Terms whether by the Contracts (Rights of Third Parties) Act 1999 or otherwise.
- Further Information
For further information about your consumer statutory rights, please see our section on “Your rights to cancellation, returns, and refunds” which can be found visit https://www.citizensadvice.org.uk/.