IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE.
This is the website of tm-direct.co.uk or mixelectronix.co.uk or gateoutlet.co.uk (“Website”) which is owned , operated and maintained by TM-direct LTD, reg no.07748452, registered at 29 Foresters Crescent, Bexleyheath, Kent, DA7 4JW (“we”, “us”, “our”). tm-direct.co.uk, mixelectronix.co.uk, gateoutlet.co.uk are our trading names.
1. Website usage policy
2. Brand names and copyright
2.1 All trade marks, brand names, product names, titles and copyrights used in this Website relating to products manufactured by third parties are owned by their respective holders. We give no permission in respect of the use of any of them and such use may constitute an infringement of the holder's rights. Any other intellectual property rights relating to this Website (unless otherwise stated) are owned by us.
2.2 You are not permitted to use the Website in any way that may infringe the intellectual property rights contained in this 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 of our or any third party’s trade marks or copyright material contained on it without our, 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).
3. Disclaimer of content
3.1 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.
3.2 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 Goods from us that they are suitable for your purposes. Orders will be subject to the Terms of Sale.
3.3 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.
3.4 Subject to section 4 below, 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 or under any statute or otherwise:
3.4.1 any indirect, special or consequential losses;
3.4.2 in respect of losses or damages arising out of changes made to the content of this Website by unauthorised third parties;
3.4.3 any loss of business, data, profits, revenue, goodwill, use or anticipated savings; or
3.4.4 loss or damage to your, or any third party's, data or records.
4. Exception to disclaimer of content
4.1 We do not seek to exclude or limit our liability to you for:
4.1.1 death or personal injury;
4.1.2 fraud or fraudulent misrepresentation;
4.1.3 any terms implied under the Sale of Goods Act 1979 or the Sale of Goods and Services Act 1982; or
4.1.4 any liability arising under the Consumer Protection Act 1987.
5. Links to third party websites and restrictions
5.1 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.
5.3 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.
5.4 You agree that when accessing the Website you shall not price scrape or harvest pricing either manually or by use of a web spider, web robot or any other web crawling technology.
6. Entire agreement
7. Third party rights
8. Force Majeure
10. Address for notices
10.1 Should you need to write to us notifying us with any comments, complaints or notices, they should be addressed to 29 Foresters Crescent, Bexleyheath, Kent, DA7 4JW.
12. Our Approach
12.3 Parts of this Website require you to supply Personal Information. Any Personal Information that you supply will be held securely in accordance with the Data Protection Act 1998. You do not have to provide Personal Information to access the Website, but if you do not supply certain information then you will not be able to access certain areas and facilities on the website.
12.4 You can access our home page and browse our site without disclosing your Personal Information.
13. Use of your Personal Information
13.1 We use your Personal Information to:
13.1.1 process the registration of your on-line account and maintain your on-line account;
13.1.2 process and complete any orders you place via the Website;
13.1.3 process and deal with any complaints or enquiries made by you;
13.1.4 assess the level of credit (if you are a Business Credit account holder) which should be extended to you;
13.1.5 monitor, develop and improve the Website and your experience of it;
13.1.6 make the product reviews available on the Website;
13.1.8 comply with our statutory obligations;
13.1.9 where (and only where) consented to by you, to send you and keep information by email/post/telephone about existing and new services and special offers from us; and
13.1.10 where (and only where) consented to by you when you are a prize winner, to publish or otherwise make available a list of prize winners.
14. Who May Process Data
14.1 Your Personal Information (which includes your name, address and any other details you provide to us which identify you as an individual) may be processed both by us, our authorised carriers and our service providers. In making the assessment for Business Credit Accounts under section 13.1.4, we, our group companies and financiers will from time to time make searches with a credit reference agency, who will keep a record of that search and will share that information with other businesses. We and our group companies may also monitor and record information relating to your trade credit performance and such records will be made available to other organisations to assess applications for credit.
14.2 You will not receive any marketing information from us, unless you opted in to do so. To opt-out of receiving information of this type at any time, you can:
14.2.1 amend your preferences according to your online account;
14.2.2 use the facility contained in any such communications; or
14.2.3 email us at Contact Form
14.3 Your Personal Information shall not be used for any other purposes that those in paragraph 13.1 and shall not be disclosed to any other organisations other than those listed in 14.1.
15. Security measures
15.1 We take the security of the Personal Information we collect seriously. We have implemented technology (such as encryption software, secure servers and firewalls) and security policies and procedures intended to reduce the risk of accidental destruction or loss, or the unauthorised disclosure or access to such Personal Information, appropriate to the nature of the data concerned. However, we cannot guarantee the security of the data you disclose online. You accept the inherent security risks of providing information over the internet and will not hold us responsible for a breach of security unless this is due to our negligence or wilful default.
16. Access to your personal information
16.1 You have a right to request a copy of the personal information we hold about you (in return for a small fee, currently £10) and to have any inaccuracies corrected. Please address requests by post to address provided above at TM-direct LTD.
17.1 We do not intentionally collect personal information from children without prior permission from parents or guardians. We urge children under 18 years of age to check with their parents or guardians before using the internet, as usage will often result in personal information being collected.
B. SHOPPING ON THE WEBSITE
NOTHING IN THESE TERMS OF SALE AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER.
18. How the Contract with us is Formed
18.1 Each time you purchase Goods from this Website you must ensure that you understand and accept the current Terms of Sale. The sale of the Goods to you will be subject to the then current Terms of Sale which you must read and accept, at the time you place an order, except where any change to the Terms of Sale is made prior to dispatch of the Goods. In these circumstances we will notify you of the relevant change before your Goods are despatched and you will be asked to confirm whether you still wish to purchase the Goods subject to the amended Terms of Sale.
18.2 To purchase Goods from us you must be over the age of 18. In placing an order for Goods you are acknowledging that you are over 18 and have authority to purchase the Goods.
18.3 The display of Goods on our Website constitutes an invitation to accept offers for Goods 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.
18.4 By completing our on-line order form (including your payment details) you are making an offer to us to purchase the relevant Goods at the prices stated. Once you have completed compiling your order, you will be asked to confirm that it is correct. If it is not correct, you can revisit your order and correct the mistakes before confirming and submitting your order to us. It is your responsibility to ensure that your order is correct before submitting to us.
18.5 If you discover that you have made a mistake with your order, please contact our customer care team on Contact Form immediately. Please do this before we confirm your order. We are unable to rectify mistakes after this time, although you still have the right to cancel as described below.
18.6 Upon receipt of your details and when your payment has been processed, we will send an acknowledgment to you by e-mail. We will confirm acceptance of your order by sending another e-mail to you when the goods are dispatched. Our acceptance of your order brings into existence a legally binding contract between you and us. Once your order has been accepted by us, you are not able to amend the order without our written consent. We will send a further e-mail to you confirming when the Goods are dispatched.
19. Price and payment
19.1 The prices payable for the Goods that you order and delivery of those Goods are as stated on this Website at the time you place your order.
19.2 Prices are checked regularly. However, if we find the price has changed (or there has been a typographical error) when we receive your order, we will contact you and ask if you wish to proceed.
19.3 Our shop prices include VAT. Please note that it may not be possible for us to deliver to some locations, or within specific timeframes. We expressly reserve the right not to accept your offer to purchase the Goods in the event that we do not deliver to your location.
19.4 Payment may be made by the methods stated on this Website. The debit, credit and charge cards accepted by us are those listed on this Website on the date on which the order is made.
19.5 For card payments, all credit and debit cardholders and bank/building society accountholders respectively are subject to validation checks and authorisation. If your card issuer refuses to, or does not for any reason authorise or validate the payment, we will not be liable for any delay or non-delivery in respect of the Goods you have ordered.
19.6 By making an offer to buy the Goods, you specifically authorise us to transmit or to obtain information about you from third parties from time to time, including but not limited to your name, address, telephone number, debit or credit card details, to authenticate your identit yand delivery address for the Goods, validate your payment card and obtain authorisations for your payments for the Goods.
19.7 Your card payment will be processed by a secure connection at the time you place your order in the “Checkout” area of the Website. You also acknowledge that we may submit electronic invoices for the Goods, by submitting an e-mail to an address supplied by you.
19.8 Where we have agreed to supply the Goods on credit and unless otherwise agreed in writing by us, you shall pay the price of the Goods within 30 days of the date of our invoice, notwithstanding that the legal ownership in the Goods has not passed to you. Invoices will be dated on the day of dispatch of the Goods to you for delivery. We shall be entitled in our absolute discretion to alter payment terms (at any time prior to a contract being formed in accordance with section 20) and withdraw, suspend or alter credit limits or terms of credit granted at any time without notice.
20. Delivery and Ownership
20.1 The Goods on our Website are subject to availability and may be subject to minimum order volumes which we reserve the right to impose from time to time. If you order Goods which we are unable to supply at the time we receive your order, our customer services team will contact you to discuss the alternative Goods which we have available at the time.
20.2 We will deliver the Goods ordered by you to the address provided by you on the order form. Delivery will be made as soon as possible after your order is acknowledged by us and we will endeavour to dispatch any order within 30 days of the date of your order. If we cannot deliver within this time we will inform you in advance and provide you with an alternative date for delivery (“Revised Date”). If you reject the Revised Date your order will be cancelled and we will make a refund to you. However, if you do not receive Goods ordered by you within 30 days of the date of your order due to a cause beyond our direct control, we shall have no liability to you other than to offer a revised delivery date or cancellation with a full refund.
20.3 All deliveries must be signed for and the delivery note marked as “unchecked”. Before signing the delivery note, please ensure that the number of boxes match the driver’s paperwork and that the boxes are undamaged. It is your responsibility to check the goods on delivery and you are required to keep your delivery note and all packaging and to notify our customer services team immediately if any of the boxes are missing or damaged.
20.4 If you are not personally available to accept delivery, you may appoint a representative at the same address to do so in your place. The representative must be an adult capable of receiving delivery on your behalf, and you agree that we will be entitled to rely on the representative's instructions as if they were your own.
20.5 You will become the legal owner of the Goods you have ordered when both of the following has occurred;
20.5.1 payment for the Goods has been debited from your account; and
20.5.2 they have been delivered to you.
20.6 The Goods will be held at your own risk from delivery. We will not be liable for their loss, damage or destruction after they have been delivered to you.
20.7 This Website is aimed at United Kingdom residents only. If you are resident outside the United Kingdom, the importation or exportation of goods by us to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Goods you purchase from this Website. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from this Website.
21.1 If you are a consumer (i.e. you are not purchasing either wholly or in part for your business or you are not a business) you have the right to cancel the contract between us for the Goods you order at any time up to the end of the eighth working day from the date you receive the Goods (the "Cancellation Date") unless:
21.1.1 the items were altered or customized to your specification; or
21.1.2 the items are software extended operating systems, memory cards, hard discs or any other forms of data storage media and any seals or packaging have been opened.
21.2 You need not give any reason for cancelling the contract nor will you have to pay any cancellation fee. To cancel the contract you must notify us in writing on or before the Cancellation Date by letter, fax or e-mail and (if you have received the Goods) comply with our returns policy set out at paragraph 22 below. You may not be entitled to cancel the contract after the Cancellation Date.
21.3 All other cancellations and returns will be at our absolute discretion and if we agree to accept the return for credit of unwanted products, the Goods must be returned with our prior written agreement within 14 days of delivery. The Goods must be unopened, with the manufacturers’ seals intact and in perfect re-saleable condition. All Goods returned in these circumstances will be subject to an admin fee of £15 and may be subject to a further re-stocking fee of which we will advice you of at the time.
22. Returns and refunds
22.1 It is your responsibility to check the goods on delivery and should you need to return Goods.
22.2 To exercise your right to cancellation under paragraph 21.1, we request that all returned items are in their original packaging, in an “as new” condition and must not be used or installed and be complete with all manuals, drivers, cables and other items that originally came with the item, unless agreed otherwise.
22.3 You must pay for the costs of return unless the goods are supplied faulty, damaged or incorrectly supplied. The Goods must be returned to us within 7 days of you being issued your return. We recommend that you insure any Goods which you return to us as you will be liable for them until they reach us.
22.4 If the contract is cancelled in accordance with paragraph 21.1 above, we will credit your account with the sum debited by us (excluding the original cost of delivery to you and subject to your obligation to pay for the return of non-faulty, non-damaged or correctly supplied goods under paragraph 22.3) as soon as possible but in any event within 30 days of us receiving the returned goods (or if no goods have been dispatched, your notice to cancel) or notifying you of our cancellation. We will not be obliged to offer any additional compensation for disappointment suffered.
23. Faulty, damaged or incorrectly supplied Goods
23.1 Where you wish to report a fault in the Goods, our customer services team may ask you to contact the manufacture of the product to carry out an initial verification of the problem over the telephone. Where possible, the manufacture will use reasonable endeavours to try to correct the fault over the telephone.
23.2 It is your responsibility to check the goods on delivery and:
23.2.1 In respect of goods which are faulty upon delivery, please notify us within 7 days of delivery. Within this period we will replace the goods or issue a refund once the fault has been confirmed. After this period your remedy in respect of faulty goods depends on the individual manufacturer's 'Dead on Arrival' (DOA) policy. Where you notify us of a fault in the goods within the time specified in the relevant DOA policy and the fault is verified we will replace the goods or give you a full refund. Where goods are returned outside the manufacturer's DOA period and the fault is verified, the goods will be repaired or replaced at our discretion under the terms of the manufacturer's warranty.
23.2.2 In the case of damaged or incorrectly supplied or missing Goods please notify us as soon as possible.
23.2.3 In respect of goods which are not delivered you must notify us of this within 15 days of notification of dispatch.
23.3 Please return all goods in their original packaging along with all manuals, drivers, cables and other items that originally came with with goods. A charge may be made for any missing items.
23.4 If you request a replacement then provided we have a replacement item in stock we will dispatch the replacement as soon as possible after the returned Goods have been processed. If you request a refund we will credit your account with the sum debited by us as soon as possible but in any event within 7 days of us receiving the returned Goods.
23.5 Any Goods returned as faulty may be tested and if found not to be faulty, may incur an admin charge and will be returned to the customer at the customer's expense.
24.1 Goods are sold by us with the benefit of the manufacturer's or licensor's published warranty. The Goods are not manufactured by us (or where the Goods are computer software, we do not publish or license the software) and all Goods are subject to the conditions set out below in this Section 24.
24.2 Liability for defective Goods will only be accepted by us to the extent that we are entitled to make a claim against the manufacturer under the manufacturer’s published terms. Certain manufacturers warrant their goods directly with the end user, and in such a case we will not be obliged to issue any credit for any Goods in respect of which there has been a failure to comply with the manufacturer’s published terms and procedures. Claims for any allegedly defective Goods shall be made strictly in accordance with paragraph 24.4 below.
24.3 No liability will be accepted by us for any defects arising from;
24.3.1 wilful damage by you;
24.3.2 fair wear and tear;
24.3.3 negligence or misuse by you;
24.3.4 non-compliance with any maintenance requirements;
24.3.5 failure to comply with ours or the manufacturer's published instructions (whether oral or in writing); or
24.3.6 any repair or modification of the Goods undertaken without our prior consent.
24.4 When you notify us of any claim in respect of a defect in the quality or condition of the Goods, we shall either;
24.4.1 notify you whether the policy of the manufacturer of the Goods is to deal with you direct in accordance with the manufacturer’s procedures (in which case you shall deal with the manufacturer direct provided we give sufficient details to enable you to do so); or
24.4.2 provide you with a GRN (in which case you shall return the Goods to us in their original unmarked packaging together with full supporting documentation with details of the defect and GRN and your name and address).
25.1 Subject to paragraph 26 below, 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):
25.1.1 repairing or supplying the goods again; and
25.1.2 refunding the amount paid by you in respect of the Goods purchased.
25.2 You shall not make any claim against us to the extent that, as a result of any such claim, our aggregate liability in respect of all causes of action arising out of or in connection with the Goods purchased on our Website or its subject matter (whether for breach of contract, in negligence or any other tort, under statute or otherwise at all) including for loss or damage to the Goods whilst in transit, would exceed an amount equal to the value of the Goods delivered to you under these Terms of Sale.
25.3 Subject to section 26 below we will not be liable to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question.
25.4 Subject to section 26 below, 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 in relation to any claim arising out of or in connection with any contract formed between you and us under these Terms of Sale, including without limitation under any tort including negligence, for breach of contract, for misrepresentation (other than fraudulent misrepresentation), intellectual property infringement or under any statute or otherwise:
25.4.1 any indirect, special or consequential losses; or
25.4.2 any loss of business, data, profits, revenue, goodwill, use or anticipated savings.
25.5 Whilst we make every effort to ensure the correctness of the information contained on this Website, we make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information, graphics or products published in this Website. Although we update the Website regularly, it is possible that the product details and descriptions appearing on our Website at a particular time, may not always match that of the Goods at the time you place an order. In the event that you are looking to purchase Goods for a particular purpose or require a specific specification, we would advise you to contact the manufacturer directly for its most up to date specification. All liability arising due to any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
25.6 Except as expressly provided in these Terms of Sale we exclude all representations, conditions and warranties whether express or implied (by statute or otherwise) to the fullest extent permitted by law.
25.7 If you are a Credit Account or Invoiced customer, you are responsible for maintaining the security and confidentiality of your login and password and for restricting access to your online account ordering facility. By using our website you agree to accept full responsibilty for all activities that occur under your login and password and that you will take all steps neccessary to ensure that your password is kept confidential and secure. Should you have reason to believe your password has become known to anyone else, or if your account is being used by an unauthorised user or in an unathourised way then you must inform us immeadiately. All transactions processed via your login and password are considered valid and will be treated as an official authourised binding purchase order.
26. Exceptions to Limitation of Liability in paragraph 25
26.1 We do not seek to exclude or limit our liability to you for:
26.1.1 death or personal injury;
26.1.2 fraud or fraudulent misrepresentation;
26.1.3 any terms implied under the Sale of Goods Act 1979 or the Sale of Goods and Services Act 1982; or
26.1.4 any liability arising under the Consumer Protection Act 1987.
27. Entire agreement
27.1 These Terms of Sale set out the whole agreement between us relating to the supply of goods by us to you. No statement by any individual employed by us should be understood as a variation of these Terms of Sale or as a representation about the nature or quality of any goods offered for sale by us.
28. Third Party Rights
28.1 A person who is not a party a contract for the sale of Goods under these Terms of Sale is not entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999 except where these Terms of Sale expressly provide for such rights.
29. Force Majeure
29.1 We shall not be liable to you for any delay in, or failure of, performance of our obligations under these Terms of Sale 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.
30.1 If any provision of these Terms of Sale are found to be invalid or unenforceable by a court, it will be severed from the rest of these Terms of Sale which shall remain unaffected.
31. Address for notices
31.1 Should you need to write to us notifying us with any comments, complaints or notices, they should be addressed to 29 Foresters Crescent, Bexleyheath, Kent, DA7 4JW.
32.1 These Terms of Sale shall be governed by and interpreted in accordance with English law and the English Courts shall have jurisdiction to resolve any disputes between us.
32.2 Certain provisions contained in these Terms of Sale 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 in paragraph 32 shall apply.
These terms were last updated 19th Jun 2012 15:30