Terms and Conditions
TERMS AND CONDITIONS FOR THE USE OF THE TRUMPETY TRUMP SITE ("SITE")
Please ensure that you read carefully through the following terms and conditions before using this Site.
1. Application and Termination
By accessing this Site you agree to be bound by these terms and conditions and all other applicable laws. If you do not agree to be bound by these terms and conditions then please do not use this Site.
These terms and conditions:
• Apply to you upon your accessing this Site.
• May be changed or terminated by Trumpety Trump without notice, for any reason and at any time. You agree that Trumpety Trump has no obligation to inform you of these changes and that it is your responsibility to establish whether the terms and conditions have been so changed. If you disagree with any changes then you must stop using this Site immediately.
The provisions in these terms and conditions relating to disclaimer, copyright, trademark, limitation of liability, indemnity, hypertext links, severance, terms and conditions for sale of goods and law and jurisdiction shall survive any termination.
2. Disclaimer
This Site and the materials, products and services in this Site are provided on an "as is" and "as available" basis.
To the full extent permitted at law Trumpety Trump makes no (and expressly disclaims all) representations or warranties, express or implied in respect of this web site or its contents or the contents, advice and opinions of any Hypertext Link or third party contributor to this Site, including, but not limited to, implied warranties as to quality, accuracy, adequacy, usefulness, timeliness, reliability, merchantability and fitness for a particular purpose and non infringement of the contents of this Site or any goods or services purchased or obtained or any transactions entered into by you through this Site.
Trumpety Trump does not represent or warrant that the material or any of the functions contained in this Site or the contents of any hypertext link or any comments, advice or opinions by any third party contributor to this Site will be uninterrupted, accurate, complete or that current defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components.
3. Intellectual Property Rights
You agree that all copyright, trademarks and other intellectual property rights in the material or content of this Site shall remain at all times vested in Trumpety Trump or its licensors.
You agree that the content of this Site is made available for you in your personal capacity and for your personal use only, and not for any commercial use. You agree that you may only download the content of this Site onto one computer hard drive, but not for commercial use, and that any other use of the content of the Site is strictly prohibited.
You agree that you will neither solely or jointly with or on behalf of any other third party directly or indirectly copy, reproduce, transmit, distribute, publish, display, commercially exploit or create derivative works of the content of this Site.
You agree that you will not change in any way any proprietary notices from material down loaded from this Site by you for your non commercial personal use.
You agree that by the act of posting materials onto this Site you grant Trumpety Trump and any licensors an irrevocable, perpetual, royalty free worldwide licence to use the said materials in any manner which Trumpety Trump sees fit. The licence will include broadcasting, editing, copying, distributing and otherwise transmitting the material.
The trade marks and logos and service marks used and displayed on this Site are, unless otherwise specified, the trademarks of Trumpety Trump. No rights are granted to use any of them without the written permission of Trumpety Trump.
You accept that if you infringe any of the Intellectual Property Rights mentioned above a civil action is likely to be commenced against you.
4. Limitation Liability
With the exception of death or personal injury resulting from the negligence of Trumpety Trump and to the fullest extent permitted by law you agree that Trumpety Trump shall not be liable in negligence, contract, tort, statutory duty or in any other way for any of the following:
• Any loss or damage caused of whatever nature arising directly or indirectly from or in any way related with the Site, or
• Your reliance or use of any information or material obtained either directly or indirectly from the use of this Site, or
• Any purchases or orders that you make for goods and/or services either indirectly or directly through this Site, including any damage for loss of profits or loss of business without limitation,
• Any other consequential or pecuniary loss in any way related to the use of this Site.
The above shall apply even if Trumpety Trump have been advised of the possibility of such loss or damage.
You acknowledge that any dealings, bookings or purchases of goods or services made with a third party by you through this Site shall be subject to the terms and conditions of that third party and that Trumpety Trump will not be a party to or in any way responsible for or liable to you in respect of any transactions between you and that third party.
You agree that it is your sole responsibility to evaluate any goods or services offered by this Site or by any third parties via this Site.
Trumpety Trump is unable and therefore does not make any representations or warranties as to the security of information that you pass to any third parties as a result of using this Site either directly or indirectly.
You acknowledge that Trumpety Trump has no control over the information which can be accessed by this Site or which can be accessed by any other web site which you access as a result of using this Site.
You acknowledge that Trumpety Trump does not know or examine the use to which you or other users put this Site or the nature of the information you or other users are sending or uploading.
Trumpety Trump therefore excludes all liability of whatever kind and to the fullest extent permitted by law (this includes libel, breach of confidence, invasion of privacy, negligence and all intellectual property infringements) for the transmission or reception of information which can be accessed by the Site of whatever nature by about or to you.
5. Notice
Trumpety Trump may serve notice upon you by any of the following means:
• Electronic mail
• A general notice on the Site
• Notice in writing delivered by first class mail to the address which you have provided for us.
6. Hypertext links
Trumpety Trump may provide links from its own Site to other web sites, however you agree that Trumpety Trump has no control over these Hypertext Links (or any other third party link) and that you use these links entirely at your own risk.
2. You agree that Trumpety Trump has no responsibility or liability for the content or any policies of any Hypertext Links (or any other third party link) as mentioned above.
7. Use of the Site
If this Site contains bulletin boards, chat rooms, or other message or communication facilities (collectively "Forums"), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, distribute, or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
Falsify the origin or source of software or other material contained in a file that is uploaded.
Advertise or offer to sell any goods or services or conduct or forward surveys, contests, or chain letters.
Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner. You acknowledge that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by other users are not endorsed by Trumpety Trump, and such communications shall not be considered reviewed, screened, or approved by Trumpety Trump. Trumpety Trump reserves the right for any reason to remove without notice any contents of the Forums received from users, including without limitation bulletin board postings. Trumpety Trump reserves the right to deny in its sole discretion any user access to this Site or any portion thereof without notice.
8. Indemnity
You agree to keep Trumpety Trump indemnified against all actions, claims, costs, expenses (including all legal costs) and damages brought against or suffered by Trumpety Trump arising out of any breach of these terms and conditions or any activity relating to your use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your name or any other name with which you have registered under this Site.
9. Persons under the age of 18
If you are under 18 years of age you agree that you have had your parent's permission to send any information to us about yourself or anyone else over the internet.
Trumpety Trump make no representations or warranties to the effect that the contents of this Site are suitable for people under the age of 18.
10. Severance
If any of these terms and conditions shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law such provision shall to the extent required be severed from the terms and conditions and rendered ineffective as far as possible without modifying the remaining provisions of this agreement and shall not in any way affect any other circumstances or the validity or enforcement of these terms and conditions.
11. Law and Jurisdiction
These terms and conditions shall be governed by and construed in all respects in accordance with English law and the parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction in respect of any dispute, suit, action, arbitration or proceedings which may arise out of or in connection with these terms and conditions provided that Trumpety Trump has the right at it's sole discretion to commence and pursue proceedings in any other jurisdiction or jurisdictions whether concurrently or not.
12. Registration and Password
If you choose to sign up to the Site in order to receive special website offers, news about new products etc, those services will require registration and subsequent access to those services will be subject to an approved password. Information that you provide on this website must be accurate and complete. All passwords may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your password details or become aware of any misuse then you must inform us immediately.
Trumpety Trump are registered under the Data Protection Act. We will not pass your email address to any other party. Please read out Privacy Policy for further details.
13. Description of Goods
Wood is a natural product and there may be slight variations in the pattern. The pictures on this website are for illustration purposes only.
14. Order Process
Our display of products on our website is an invitation to treat and not an offer to sell those goods to you. An offer is made when you place the order for your products. We will not be bound unless and until we accept your offer.
We will send you an order acknowledgement email (if you enter a correct email address) and we will also send you an email when the goods(s) have been despatched. Please note that the email acknowledging your order is not an order confirmation or order acceptance from Trumpety Trump.
Unless we have notified you that we do not accept your order or you have cancelled it, order acceptance and the creation of the contract between you and us will take place on the despatch to you by us of the goods, which takes place as your product is shipped by us. It does not take place until that stage, notwithstanding that we may have debited your card or that we have sent an acknowledgement email.
We do not file details of your order for you to subsequently access and therefore please print out these Terms and Conditions and the order acknowledgement email for your own records. If you require any information about orders you have placed with Trumpety Trump, please email us at sales@trumpety-trump.co.uk.
15. Payment
Payment may be made on-line by using Paypal, as indicated on our website, and will be debited when we receive your order.
You will be charged the current price for buying goods from our website at the date you place your order. This will take place once we have checked your card details and stock availability. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.
All prices are displayed on our website and are in pounds sterling. Prices are exclusive of VAT as we are not VAT registered and are not currently liable for VAT. Prices exclude delivery charges. We reserve the right to alter the prices of our products without notice. The price payable is the price stated on our website at the time we receive your order. We do our best to make sure that prices are correctly shown but very occasionally an error may occur. If this should happen, we will correct the price and ask you to confirm whether you still wish to purchase the goods at the correct price. If we are unable to contact you we will treat the order as cancelled. We will not accept an order if there is a pricing error. If you cancel and you have already paid for the goods, you will receive a full refund.
Title to any products you order on this website shall pass to you on delivery of the products, provided that we have processed and received full payment for the products.
16. Delivery
Delivery charges and estimated timescales are specified in the Postage & Delivery section. We make every effort to deliver products within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. Trumpety Trump will be under no liability for any delay or failure to deliver goods within the estimated timescales.
Risk of loss and damage of products passes to you on the date when they are delivered or on the date of first attempted delivery by us.
17. Force Majeure
The acceptance of an order may be revoked, in whole or part, or delivery postponed by us without liability in the event of any contingency beyond our control which does not, or in our opinion is likely to prevent, hinder, delay, interrupt, or interfere with the fulfilment of the order or any part of it.
18. Cancellation
If, for any reason, you are unhappy with the items(s) you have ordered you have the right to cancel.
If you wish to cancel before the items are despatched you are asked to contact us, via email, as soon as is practicably possible.
Where the goods have been delivered to you, you may return them up to 7 working days, starting from the day after the goods were received, in line with the Consumer Protection (Distance Selling) Regulations 2003.
Please read our Postage & Delivery section for further information on returning goods.
19. Complaints
We acknowledge complaints within 7 working days. Any complaints raised will be dealt with promptly and fairly and complainants will be notified of the outcome within 28 days.
The Trumpety Trump website is operated by:
Trumpety Trump
3 Bell Cottages
High Street
Ticehurst
Wadhurst
East Sussex
TN5 7AS
THESE TERMS AND CONDITIONS DO NOT IN ANY WAY AFFECT YOUR STATUTORY RIGHTS.
We recommend you print out a copy of these Terms and Conditions for future reference. If you have any questions regarding Trumpety Trump’s Terms and Conditions, please go to the Customer Services section by clicking on Contact Us.