Terms and Conditions of Troy Technology Web Site

Welcome to the Troy Technology Web Site terms and conditions for use. These terms and conditions apply to Your use of the Troy Technology Web Site and by accessing this Web Site, 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 this Web Site. If there is anything that You do not understand please feel free to e-mail any enquiry to Us at support@troytechnology.co.uk

 DEFINITIONS

"Conditions" means these terms and conditions and the "Special Conditions";
"Online Sales" means sales of Goods and Services conducted through the Web Site;
"Goods" means goods displayed for sale on the Web Site;
"Product Description" means that part of the Web Site where certain terms and conditions in respect of the individual Good or Service are provided;
"Services" means services displayed for sale on the Web Site;
"Special Conditions" means the terms and conditions in the Product Description referred to in Clause 8.1;
"Users" means the Users of the Web Site collectively;
"User Information" means the details provided by You on any application to buy Goods or Services from Us via the Web Site;
"We/Us/Our" means Troy Technology Ltd.;
"Web Site" means the Web Site located at http://www.troytechnology.co.uk/
"You/Your" means a User of the Web Site.

 
A. USE OF THE WEB SITE
1 Access
We will provide You with access to the Web Site and sell You Goods and Services in accordance with these Conditions.

2 Your Obligations
2.1 You
2.1.1 agree not to use the Web Site (or any part thereof) for any illegal purpose and agree to use it in accordance with all relevant laws;
2.1.2 agree not to upload or transmit through the Web Site without limitation, any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
2.1.3 will not upload or transmit through the Web Site any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
2.1.4 will not use the Web Site in a way that may cause the Web Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Web Site is in any way impaired;
2.1.5 will not use the Web Site in any manner which violates or infringes the rights of any person, firm or company or the rights thereof (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
2.1.6 will not attempt any unauthorised access to any part or component of the Web Site; and,
2.1.7 agree that in the event that You have any right, claim or action against any other User arising out of that User's use of the Web Site, then You will pursue such right, claim or action independently of, and without recourse to Us, and indemnify Us of any and all related costs.

3 Indemnity
You agree to be fully responsible for all claims, liability, damages, losses, costs and expenses, including legal fees on a full indemnity cost basis, suffered by Us and arising out of any breach of the Conditions by You or any other liabilities arising out of Your use of the Web Site, or the use by any other person accessing the Web Site using Your Internet account.

4 Our Rights
4.1 We reserve the right to:
4.1.1 modify or withdraw, temporarily or permanently, the Web Site (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 Web Site; and/or
4.1.2 change these Conditions from time to time, and Your continued use of the Web Site (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 Web Site.
4.2 We will use Our reasonable endeavours to maintain the Web Site. The Web Site is subject to change from time to time. You will not be eligible for any compensation because You cannot use any part of the Web Site or because of a failure, suspension or withdrawal of all or part of the Web Site.
4.3 We reserve the right to withdraw any Goods or Services from the Web Site at any time and/or remove, screen or edit any materials or content on the Web Site. We may refuse to process a transaction for any reason or refuse service to anyone at any time in Our sole discretion. We will not be liable to You or any third party by reason of Our doing any of the following: withdrawing any Good or Service from the Web Site whether or not those Goods or Services have been sold; removing, screening or editing any materials or content on the Web Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

5 Third Party Links
In an attempt to provide increased value to Our Users, We may provide links to other Web sites or resources. You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such Web sites, including (without limitation) any advertising, Goods or other materials or Services on or available from such Web sites 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 content, Goods or Services available on such external sites or resources.

6 Monitoring
We have the right, but not the obligation, to monitor any activity and content associated with the Web Site. We may investigate any reported violation of these Conditions or complaints and take any action that We deem appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials from the Web Site). We may also investigate, in Our sole discretion, the use, or attempted use, of any credit/ debit card, and take such action as We deem appropriate, including without limitation, contacting the User using such card or cancelling orders placed by such User.

B. PURCHASE OF GOODS/SERVICES
7 Orders
7.1 All orders are subject to acceptance and availability. If the Goods You have ordered are not available from stock You will be contacted by e-mail (if You have given Us details) and You will have the option either to wait until the item is available from stock or to cancel Your order. Unless otherwise indicated, all prices are exclusive of VAT and are correct at the time of entering information. However, We reserve the right to change prices without prior notice to You.
7.2 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 are not 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 Web Site.
7.3 You warrant that the User Information which You are required to provide when You make an offer to buy Goods or Services via the Web Site is true, accurate, current and complete in all respects.
7.4 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.
7.5 If You are a private consumer, You may cancel any Goods or Services ordered by You at any time within 7 days of receipt of the Goods or Services without incurring any obligation or liability to Us, however, You may not cancel any financial Service ordered from Us once We have started to provide it to You. Within 30 days of receipt of a valid notification that You wish to cancel any order, We will refund all monies You have paid to Us. If You choose to do this, You must notify Us in writing as set out in clause 9.

8 Offers to Purchase and Description of Goods/Services
8.1 Each Good or Service purchased by You is sold by Us subject to its Product Description which sets out additional specific terms and conditions related to that Good or Service including, without limitation, terms and conditions concerning estimated delivery times and any warranties.
8.2 Any order made by You will be treated as an offer to purchase Goods or Services from Us. The contract between You and Us will only be completed when We dispatch the Goods to You or commence the provision of the Services, as the case may be, or when We debit Your credit/ debit card, whichever is the earlier. The sale contract is therefore completed in Wales. We reserve the right to reject any offer to purchase made by You at any time.
8.3 You acknowledge that any automated acknowledgement of Your order which You may receive from Us shall not amount to Our acceptance of Your offer to purchase Goods or Services advertised on the Web Site.

9 Right of Cancellation
9.1 If You are purchasing the Goods or Services for private use (i.e. as a consumer as opposed to for business use), You have the right to cancel any contract completed pursuant to clause 7.5 within 7 days of the receipt by You of the Goods or Services ("Cancellation Period")
9.2 If You do cancel a contract pursuant to clause 7.5 You must:
9.2.1 notify Us in writing to Troy Technology Ltd, PO Box 56, Tywyn, Gwynedd, LL36 9ZA or by email to support@troytechnology.co.uk
9.2.2 retain possession of the Goods or Services, taking reasonable care of the Goods or Services, until We collect the Goods or Services from You, or You deliver the Goods or Services to Us; and
9.2.3 ensure that the Goods or Services are returned or are made available for collection (as the case may be) in the same condition as when delivered to, or collected by, You (as the case may be).
9.3 If You do cancel a contract pursuant to clause 7.5, then We will notify You of when We wish to collect the Goods or Services. We will collect the Goods or Services within 21 days of Our receiving notification of cancellation. We have the right to charge You for any direct costs incurred in collecting the Goods or Services and will, at Our option, deduct these from any sum owed to You. Alternatively, if You wish, You may return the Goods or Services to Us, during working hours, at Our nearest place of business, details of which can be obtained on Our Web Site (http://www.troytechnology.co.uk/) or by emailing Us at support@troytechnology.co.uk
9.4 If You do cancel a contract pursuant to clause 7.5, We will refund the balance of any monies that We owe to You within 30 days of You giving Us cancellation notice.

10. Your Personal Data
10.1 We respect Your personal information and undertake to comply with applicable Data Protection legislation from time to time in place.
10.2 When You register with Us We consider the information You provide as private. We use the information solely for the purposes of processing Your account in the administration of Our business.
10.3 In relation to any enquiry or order that You place with Us, You agree that You do not object to Us contacting You whether by fax, telephone, e-mail, in writing or by SMS 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.
10.4 In the event that Your personal information is no longer used by Us, We will delete it except insofar as it is necessary to retain such information to comply with other relevant or applicable law.
10.5 In the event that Your personal data becomes untrue, inaccurate or incomplete, or in any event, You have the right to access Your personal data and may rectify the same (see Privacy Policy).   For security purposes, all such requests must be made by letter post to:   DPA, Troy Technology Limited, PO Box 56, Tywyn, LL36 9ZA accompanied by a valid cheque in the sum of £20 (twenty pounds sterling) payable to Troy Technology Limited to cover administration costs.
10.6 You should be aware that if We are requested by the police or any regulatory or government authority investigating suspected illegal activities to provide information concerning You, We shall do so. We also reserve the right to disclose individually identifiable information to third parties where a complaint arises concerning Your dealings with Us, and where those dealings are deemed by Us inconsistent with these Terms.
10.7 We may use "cookies" and other software so as to be able to build up a profile of Your interests and preferences and this may be used by Us to develop and operate the Service.
10.8 We may disclose to third parties aggregated data on Our customers, provided that a single individual is not identifiable in such data.

11 Payment
11.1 Payment can be made by any credit/ debit card deemed by Us to be acceptable at the time of the transaction. Payment will be debited and cleared from Your account before the dispatch of Your Good or provision of the Service to You.
11.2 You confirm that the credit/ debit card that is being used is yours and that you are at the time of the transaction authorised to make charges against that card.
11.3 All credit/ debit card holders are subject to validation checks and authorisation by the card issuer and We may share Your personal information with such third parties as are necessary to enable Us to do such checks. If the issuer of Your payment card refuses to authorise payment to Us, We will not be liable for any delay or non-delivery.

12 Eligibility to Purchase
12.1 The purchase of Goods or Services is limited to parties that lawfully can enter into and form contracts on the Web Site under the laws of England and Wales. This means that if You are an individual, You must be 18 years or older to purchase any Goods or Services via the Web Site and by offering to purchase any Goods or Services You represent to Us that You are 18 years of age or older. To register, You must provide Your real name, phone number, e-mail address and other requested information.
12.2 The Web Site is available only to individuals and companies or partnerships who We, in Our absolute discretion, consider eligible. The eligibility criteria include, without limitation, those who have been issued a valid credit/ debit card by a bank acceptable to Us, whose applications are acceptable to Us and who have authorised Us to process a charge or charges on their credit/ debit card in the amount of the total purchase price for any Goods or Services which they purchase.
12.3 By making an offer to buy any Good or Service, 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 credit/ debit card number or credit reports, to authenticate Your identity, to validate Your credit/ debit card, to obtain an initial credit/ debit card authorisation and to authorise individual purchase transactions.

C. GENERAL
13 Intellectual Property and Right to Use
13.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Web Site 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.
13.2 You acknowledge and agree that the material and content contained within the Web Site is made available for Your personal non-commercial use only and that You may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Web Site 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.

14 Notices
14.1 You may send Us notices under or in connection with these Conditions:
14.1.1 by post to Troy Technology, PO Box 56, Tywyn, Gwynedd, LL36 9ZA
14.1.2 by email to support@troytechnology.co.uk
14.2 As proof of sending does not guarantee Our receipt of Your notice, You must ensure that You have received an acknowledgement from Us which will be sent within 3 working days of Our receipt and should be retained by You.

15 Limitation of Liability
15.1 While We will use reasonable endeavours to verify the accuracy of any information We place on the Web Site, We make no warranties, whether express or implied in relation to its accuracy.
15.2 The Web Site 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 Web Site, or any transaction that may be conducted on or through the Web Site including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
15.3 We make no warranty that the Web Site will meet Your requirements or will be uninterrupted, timely, secure 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, or reliability of the materials. We will not be responsible or liable to You for any loss of content or material uploaded or transmitted through the Web Site.
15.4 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 Goods and Services including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose.
15.5 Notwithstanding any other provision in the Conditions, nothing herein shall limit Your rights as a consumer under the laws of England and Wales.
15.6 The information provided to You in connection with the Goods and Services is provided by the original manufacturers, assemblers and suppliers of such Goods and Services and You acknowledge that We do not verify the accuracy of such information. We therefore exclude all liability of any kind (including for defamation, breach of confidence, intellectual property right infringements, invasion of privacy and negligence) for the transmission or reception of such information of whatever nature to You.
15.7 You acknowledge that We cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Web Site or of any information provided to or taken from the Web Site by You.
15.8 Whether or not such losses were within the contemplation of either You or Us at the date on which the event giving rise to the loss occurred, was suffered or incurred arising out of or in connection with the provisions of any matter under these Conditions, 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 these Conditions for:
15.8.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
15.8.2 any loss of goodwill or reputation; or
15.8.3 any special or indirect or consequential losses;
15.9 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.

16 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 these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

17 Waiver
No waiver by Us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

18 Survival
Each provision of these 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.

19 Entire Agreement
These Conditions (as amended from time to time) contain the entire agreement between You and Us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between You and Us in relation to such matters. No oral explanation or oral information given by either You or Us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, You have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and You agree that You shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that Your agreement contained in this Clause shall not apply in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of these Conditions.

20 Law
The Conditions shall be governed by and construed in accordance with the laws of England and Wales and You irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.