Terms and Conditions
Welcome to TM Plastics websites terms and conditions of use. These terms and conditions apply to the use of our Websites and by accessing our websites and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access our Websites. If you have any questions relating to our terms and conditions please contact our sales office on 01928 710 777 or by email on firstname.lastname@example.org.
“Conditions” means these terms and conditions and the special conditions; “materials” means materials displayed for sale on our websites; “material description” means that part of our websites where certain terms and conditions in respect of the individual materials are provided; “Special Conditions” means the terms and conditions in the material description; “Users” means the users of the websites collectively; “Personal Information” means the details provided by you on registration; “We/us” means TM Plastics; “Websites” means the websites located at www.tmplastics.co.uk or any subsequent URL which may replace it; “Cookies” means small text files which our Website places on your computer’s hard drive to store information about your shopping session and to identify your computer; “United Kingdom” means England, Wales, Scotland, Northern Ireland and the Channel Islands and “You” means a user of our websites.
The use of our websites
You are provided with access to our websites in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
You warrant that:
- Any Personal Information which you are required to provide when you place an order as a customer is true, accurate, current and complete in all respects; and
- You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of our websites, or the use by any other person accessing our websites using your log in details and/or your Personal Information.
We reserve the right to:
- modify or withdraw, temporarily or permanently, our websites (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of our websites; and/or
- change the Conditions from time to time, and your continued use of our websites (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether our conditions have been changed. If you do not agree to any change to the conditions then you must immediately stop using our websites.
Third party links
We sometimes provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (1) the privacy practices of such websites, (2) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (3) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.
When you shop on our websites, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, material selections, credit card or other payment information. We may also collect, and our third party providers of advertisements and content may collect, information about where you are on the internet (eg the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our website (“User Information”). We may collect this information even if you do not register with us.
You should be aware that our websites are being monitored and may capture information about your visit that will help us improve the quality of our service, We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner’s Office. We use your information only for the following purposes:
- Processing your orders;
- For statistical or survey purposes to improve this Website and its services to you;
- To serve website content to you;
- To administer this website;
You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled do so.
Purchase of materials
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
Contract creation and electronic contracting
The technical steps required creating the contract between you and us are as follows:
- You place an order for any materials on our websites by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on our websites.
- We will send to you an order acknowledgement email detailing the materials you have ordered. This is not an order confirmation or order acceptance from TM Plastics.
- As your materials are shipped from our warehouse we will send you a despatch confirmation email.
- Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the materials you ordered unless we have notified you that we do not accept your order, or you have cancelled it.
Non-acceptance of an order may be a result of one of the following:
- The materials you ordered being unavailable from stock.
- Our inability to obtain authorisation of your payment.
- The identification of a pricing or product description error.
- You not meeting the eligibility to order criteria set out in the main Terms & Conditions.
The contract will be concluded in English.
The details of your specific contract will not be filed by TM Plastics. If you do require any information regarding orders you have placed with TM Plastics please contact us at email@example.com or call 01928 710 777.
Contract cancellation under the Distance Selling Regulations
Please note that you are entitled to cancel this contract if you require provided that you exercise your right and notify us no longer than 7 working days after the day on which you receive the Products.
If you wish to exercise your right to cancel this contract after your order has already been despatched, we will refund the original purchase price and any delivery charge, provided that you have notified us in writing no longer than 7 working days after the day on which you receive the materials, and that you have taken reasonable care of the materials and not cut, machined, used or altered them in any way. Please contact our sales office on either 01928 710 777 or use our “contact us” form to receive our returns process.
Such returns must be returned by the buyer to the seller, carriage paid and in the original shipping packaging or in suitable packaging that shall protect the materials so they arrive at the sellers in the same condition as received by the buyer.
Please note that materials that do not arrive at the seller in saleable condition will not be accepted for refund by the seller and the seller will not be held liable or responsible for damage caused in transit to the seller.
Please also note that your right to return materials only applies to “standard” materials and does NOT apply to materials which you have requested us to cut to your custom sizes or machined in any way to your specific requirements
Description of materials
Each material purchased is sold subject to its material description which sets out additional specific conditions related to that material including, without limitation, terms and conditions concerning estimated delivery dates and times and guarantees.
We will take all reasonable care to ensure that all details, descriptions and prices of materials appearing on our websites are correct at the time when the relevant information was entered onto our process. Although we aim to keep our websites as up to date as possible, the information including material descriptions appearing on our website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of any material until your order is accepted in accordance with our order acceptance policy.
Intellectual property and right to use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of our websites shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within our websites is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of our websites is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Compliance with laws
Our websites may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding our websites and any transactions conducted on or through our websites.
Limitation of liability
While we will use reasonable endeavours to verify the accuracy of any information we place on our websites, we make no warranties, whether express or implied in relation to its accuracy. Our websites are provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to our websites, or any transaction that may be conducted on or through our websites including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that our websites will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of our websites. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through our websites.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the materials. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any special or indirect losses
suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what TM Plastics Direct and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
For any enquiries regarding our service, please contact us via email or phone on 01928 710 777.
Our company details are:
Whitehouse Industrial Estate
Units 4, 5 & 6