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Definitions
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"Conditions" means these terms and conditions
and the Special Conditions; "Product" means
a product displayed for sale on the Website; "Product
Description" means that part of the Website where
certain terms and conditions in respect of the individual
Product are provided; "Users" means the users
of the Website collectively; "Personal Information"
means the details provided by you on registration; "We/us"
means Trickster Limited; "Website" means the
website located at www.tricksteronline.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 this Website.
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Use of the website
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Access
You are provided with access to this Website in accordance
with these Conditions and any orders placed by you must
be placed strictly in accordance with these Conditions.
Registration
You warrant that:
- The Personal Information which
you are required to provide when you register as a
customer is true, accurate, current and complete in
all respects; and
- You will notify us immediately
of any changes to the Personal Information by contacting
our Customer Service Representatives by e-mail, or
using our contact form.
- 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.
Privacy policy
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 this Website, 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, product
selections, credit card or other payment information
and a password. We may also 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 this site
is being monitored by statistical analysis software,
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 purposes
to improve this Website and its services to you;
- To serve website content
to you;
- To administer this website;
- If you consent, to notify you of
products or special offers that may be of interest
to you.
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 Telecommunications
(Data Protection and Privacy) Regulations 1999.
When you create a shopping account
while ordering online you will be given the option to
receive information from Trickster Limited by e-mail,
about products, promotions or special offers which we
feel may be of interest to you. In the event that you
do not wish to be contacted for such purposes, ensure
that you tick the appropriate box as you go through
the registration process. You may unsubscribe from our
contact list at any time by replying to a promotional
e-mail with the word "REMOVE" in the subject
line, by e-mailing us at remove@tricksteronline.co.uk.
Your Personal Information may be disclosed
to reputable third parties who will help process your
order. Trickster Limited requires all such third parties
to treat your personal information as fully confidential
and to fully comply with all applicable UK Data Protection
and consumer legislation from time to time in place.
We will not release your Personal Information to any
company for mailing or marketing purposes.
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.
We use Cookies to keep track of your
current shopping session to personalise your experience
and so that you may retrieve your shopping cart at any
time - if you do not accept Cookies you will not be
able to use this Website.
Please check back frequently to see
any updates or changes to our privacy policy.
Questions regarding this Policy should
be directed to the Administrative Head Office of tricksteronline.co.uk
as follows:
Attn:
Compliance Officer
Trickster Limited
Fremnells
Hawkswood Road
Downham
Essex
CM11 1JT
Indemnity
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 this Website, or the use
by any other person accessing the Website using your
shopping account and/or your Personal Information.
Our rights
We reserve the right to:
modify or withdraw, temporarily or permanently, this
Website (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 the Website; and/or change the Conditions from time
to time, and your continued use of the Website (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 the Conditions
have been changed. If you do not agree to any change
to the Conditions then you must immediately stop using
the Website.
Third party
links
To provide increased value to our Users, we may 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 (i) the privacy practices of such websites, (ii)
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 (iii) 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.
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Purchase of products
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Orders
All orders are subject to acceptance in accordance with
our Order acceptance policy.
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 to create the contract
between you and us are as follows:
- You place the order for your products
on the web-site by pressing the confirm order button
at the end of the check-out process. You will be guided
through the process of placing an order by a series
of simple instructions on the web-site.
- We will send to you an order acknowledgement
email detailing the products you have ordered. This
is not an order confirmation or order acceptance from
Trickster limited.
- As your product is 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 Products ordered unless
we have notified you that we do not accept your order
or you have cancelled it in accordance with the instructions
in How to cancel your order.
Non-acceptance of an order may be a result of one of
the following:
- The product you ordered being unavailable
from stock.
- Our inability to obtain authorisation
for 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.
Contract cancellation
Please note that you are entitled to cancel this contract
if you so wish provided that you exercise your right
no longer than eight 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 dispatched please follow the
procedure set out in our Returns policy.
Please note that your right to return
Products does NOT apply to Products which are not returned
in the condition in which they left our warehouse.
Returns Policy
Please contact our Customer Services team in writing (email is acceptable) to
inform them of your intention to return the goods. Please also state whether
you require a refund or replacement.
If a return is made after 7 working
days but within 30 days following receipt, you must
arrange for the goods to be
safely returned to us stating in writing (as above) the reason for their
return. You should arrange for the goods to be returned
to us by Royal Mail's Special
Delivery or a similar 'signed for' service in their original condition and
unopened packaging. We will refund monies paid by you
for the
goods (including
delivery costs), except for return
postal charges within 30 days of your cancellation.
Description of products
Each Product purchased is sold subject to its Product
Description which sets out specifications related
to
that Product including, without limitation, garment
size and colour.
We will take all reasonable care to
ensure that all details, descriptions and prices of
Products appearing on the Website are correct at the
time when the relevant information was entered onto
the system. Although we aim to keep the Website as up
to date as possible, the information including Product
Descriptions appearing on this 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 a Product until your order is accepted in accordance
with our Order acceptance policy.
Payment
All prices are inclusive of VAT (where applicable) at
the current rates and are correct at the time of entering
the information onto the system. The total cost of your
order is the price of the Products ordered including
mainland UK delivery charges. Payment can be made by
any of the methods specified in the Payment section
of this Website and payment will be debited and cleared
from your account as set out in the Payment section
of this Website.
You confirm that the credit, debit
or store card that is being used is yours.
All credit/debit cardholders are subject
to validation checks and authorisation by the card issuer.
If the issuer of your payment card refuses to or does
not, for any reason, authorise payment to us, we will
not be liable for any delay or non-delivery.
Refusal of transaction
We reserve the right to withdraw any Products from this
Website at any time and/or remove or edit any materials
or content on this Website. We may refuse to process
a transaction for any reason or refuse service to anyone
at any time at our sole discretion. We will not be liable
to you or any third party by reason of our withdrawing
any Product from this Website whether or not that Product
has been sold; removing or editing any materials or
content on the Website; refusing to process a transaction
or unwinding or suspending any transaction after processing
has begun.
To be eligible to purchase Products
on this Website and lawfully enter into and form contracts
on this Website under English law you must:
Register by providing your real name,
phone number, e-mail address, payment details and other
requested information
Be over 18 years of age
Stipulate a delivery address in the United Kingdom.
Please note that PO box numbers, hotels and accommodation
addresses are not acceptable
Possess a valid credit or debit card issued by a bank
acceptable to us
By making an offer to buy a Product, you specifically
authorise us to transmit information (including any
updated information) or to obtain information about
you from third parties from time to time, including
but not limited to your debit or credit card number
or credit reports, to authenticate your identity, to
validate your credit card, to obtain an initial credit
card authorisation and to authorise individual purchase
transactions.
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General
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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 the Website 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 the Website 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 the Website 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
The Website may be used only for lawful purposes and
in a lawful manner. You agree to comply with all applicable
laws, statutes and regulations regarding the Website
and any transactions conducted on or through the Website.
Limitation
of liability
While we will use reasonable endeavours to verify the
accuracy of any information we place on the Website,
we make no warranties, whether express or implied in
relation to its accuracy.
The Website is 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 the Website, or any transaction that
may be conducted on or through the Website 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 the Website
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 the Website. We will not be
responsible or liable to you for any loss of content
or material uploaded or transmitted through the Website.
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 Products.
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.
Severance
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.
Waiver
No waiver by us shall be construed as a waiver of any
proceeding or succeeding breach of any provision.
Survival
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.
Entire agreement
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 Trickster Limited 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.
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.
Law
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.
Contact tricksteronline.co.uk
The registered company address of Trickster Limited
is:
'Fremnells'
Hawkswood Rd
Downham
Essex CM11 1 JT
Company registration number: 03466210
Contact details for Trickster
Limited are set out in the Contact us section of our
Website.
Competitions
- These
terms and conditions together with any specific
rules set out in Competition
Notices (as defined below) are the Competition Rules (“Rules”)
and apply to competitions included on the www.tricksteronline.co.uk website
(“Competition”),
unless otherwise expressly stated. By entering a Competition, entrants
agree to be bound by these Rules.
- The
Competition is organised by Trickster Ltd.
- Rules
specific to each Competition are displayed in a notice
included on the www.tricksteronline.co.uk web page
posting for such Competition
(the “Competition
Notice”) and are incorporated herein. In the event of discrepancy between
these terms and conditions and the Competition Notice, the Competition Notice
shall prevail.
- Trickster Ltd reserves the right to cancel or amend
the Competition, the Competition Notice or these
Rules
at any time
without prior notice. Any changes will be
posted either within the Competition Notice or these Rules. A copy of the
Rules may also be obtained by sending a stamped addressed
envelope to: Competition
Rules, Trickster Ltd, 1 Moulsham Drive, Chelmsford, Essex, CM2 9PX.
- In
the event of any dispute regarding the Rules, Competition
Notice, conduct, results and all other matters relating
to a Competition, the decision of Trickster Ltd shall
be final and no correspondence or discussion shall
be
entered
into.
Qualifying Entrants
- Employees
of Trickster Ltd or any company involved in the Competition
or, if relevant, production
of a television programme to
which a Competition relates,
or any advertising agency or web company connected with Trickster Ltd or any
such person’s subsidiary or associated companies,
agents or members of their families or households,
are not eligible to enter the Competition. Trickster
Ltd reserves the right to verify the eligibility
of all
entrants.
- By entering the Competition, you
hereby warrant that all information submitted by
you is true, current and complete.
- Trickster Ltd assumes
that by using its site and entering the Competition
(and you warrant
that) either you have legal capacity to enter the
Competition and agree to the Rules (i.e. that you
are of sufficient age and mental capacity
and are entitled to be legally bound in contract) or your parents have consented
to your entry of the Competition and use of these Rules.
- Trickster Ltd reserves
the right to disqualify any entrant if it has reasonable
grounds
to believe the entrant has breached any of these
terms and conditions.
- In the event that any entrant
is disqualified from the Competition, Trickster
Ltd in its
sole discretion may decide whether a replacement
contestant should
be selected. In this event, any further entrant will be selected on the same
criteria as the original entrant and will be subject to these Rules.
Competition
Entries
- Multiple entries per person per Competition
are allowed.
- Competition entries must be made
in the manner and by the closing date specified on
the Competition Notice. Failure to do so will disqualify
the entry.
- There is no purchase requirement
to enter a Competition and there is no charge to
register for use of the www.tricksteronline.co.uk
website.
- Proof of posting cannot be accepted
as proof of delivery. Trickster Ltd cannot accept
responsibility for any error, omission, interruption,
deletion,
defect, delay in operation or transmission, communications
line failure, theft, destruction,
alteration of, or unauthorised access to entries, or entries lost or delayed
whether or not arising during operation or transmission as a result of server
functions, virus, bugs or other causes outside its control.
- Entrants should
note that unless stated otherwise, Trickster Ltd
does not accept responsibility
for the return of any Competition entries, including
those consisting of artistic or other material.
Prizes
- Prize winners will be chosen at random
unless specified otherwise in the Competition Notice,
from all qualifying entries within 28 days of the
closing date specified in the Competition Notice.
Tie-breakers will be judged by Trickster Ltd and,
if required by law, by an independent adjudicator.
In
all matters,
the decision of the judge(s) and Trickster Ltd shall
be final and no correspondence
or discussion shall be entered into.
- Prize winners will be notified in
the manner and within the time specified on the Competition
Notice. Return of any prize
notification as undeliverable
or failure to reply as specified in the notification within the time stated
therein may result in disqualification and selection of an alternate winner.
If more than one prize is awarded only one prize per entrant will be awarded.
Competition winner(s)’ names may be published on the Trickster Ltd
website or you can write to Competition Prize Winners, Trickster Ltd,
1 Moulsham Drive, Chelmsford, Essex, CM2 9PX naming the specific competition
including a self-addressed
stamped envelope for a list of winners.
- Claims for prizes must be made in
the manner and within the time specified on the Competition
Notice. Failure to claim a prize within this time
or in
the manner specified may result in disqualification and selection of an alternate
winner.
- Prizes are non-transferable and there
is no cash alternative. Trickster Ltd reserves the
right to substitute prizes of equal or greater value
at
any time.
- Prizes are awarded at Trickster Ltd’s
discretion and no prizes will be awarded as a result
of improper actions by or on behalf
of any entrant.
- Where a prize may not be appropriate
for a younger contestant, the minimum age for entry
will be stated in the Competition Notice and must
be observed.
Trickster Ltd reserves the right to request written proof of age of any winner.
Intellectual
Property Rights
- In consideration of trickster Ltd
agreeing to consider entrants to the Competition,
each entrant hereby assigns to Trickster Ltd the
complete copyright
and all other
rights in any entry, which shall be for the full period of copyright. Trickster
Ltd shall be free to assign such rights to third parties.
- Furthermore, any
information submitted by you must be personal to
and relate specifically
to you. You hereby warrant that the information which
you
submit and/or distribute will not infringe the intellectual property, privacy
or any other rights of any third party, and will not contain anything which
is libellous, defamatory, obscene, indecent, harassing or threatening. If
relevant, Trickster Ltd reserves the right, but not
the obligation, to screen, filter and/or
monitor information provided by you and to edit, refuse to distribute or
remove the same.
Liability
- Trickster Ltd cannot accept any responsibility
for any damage, loss, injury or disappointment suffered
by any entrant entering
the competition or as a
result of accepting any prize. Trickster Ltd is not responsible for any problems
or technical malfunction of any telephone network or lines, computer on-line
systems, servers, or providers, computer equipment, software failure of any
email or entry to be received on account of technical problems or traffic
congestion on the Internet, telephone lines or at
any web site, or any combination thereof,
including any injury or damage to entrant’s or any other person’s
computer or mobile telephone related to or resulting from participation or
downloading any materials in the Competition. Nothing shall exclude Trickster
Ltd’s
liability for death or personal injury as a result of its negligence.
Data
Protection and Publicity
- Winners may be requested to take
part in promotional activity and Trickster Ltd reserves
the right to use the names and addresses of winners,
their photographs
and audio and/or visual recordings of them in any publicity.
- Any personal
data relating to entrants will be used solely in
accordance with current UK data
protection legislation and
will not be disclosed to a
third party without the individual’s prior consent.
- Personal data such as name and email address may
be used by Trickster Ltd for correspondence and/or
marketing purposes.
Jurisdiction
- The Competition and the terms and
conditions of this agreement will be governed by
English law.
How to contact us
- You can contact us in relation
to any competition by writing to Trickster Ltd,
Fremnells, Hawkswood Road, Downham, Essex, CM11 1JT
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