1 DEFINITIONS
1.1 "Buyer" means the individual or organisation who buys, or agrees to buy, the Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the ’s Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.5 "Seller" means Trade Secret Limited of 3 Rumptons Paddock, Grendon Underwood, Aylesbury, Buckinghamshire HP18 0SN (reg no 05965378)
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
1.7 Website" means this website
1.8 The Website owner is the Seller
2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Clicking for an order shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5 Any complaints should be addressed to the Seller's address stated in clause 1.5.
3 ORDERING
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason. No order will be accepted from buyers in the or in.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified by the Seller and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.
3.3 When making an order through this Website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process section within the website.
4 PRICE AND PAYMENT
4.1 The price of the Goods to based Buyers shall be in £GBP at the level stipulated on the Website. The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order. After the order is received the Seller shall confirm to the Buyer the details, description and price for the Goods. Payment of the price must be made in full before dispatch of the Goods by the Seller. Goods supplied to buyers from outside the will have provided to them a separate price estimate to include delivery, as part of the order acceptance process.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right periodically to update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
5.2 The Seller reserves the right to withdraw any Goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6 AGE OF CONSENT
6.1 Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
6.2 If the Seller discovers that the Buyer is not legally entitled to order Goods, the Seller shall be entitled to refuse to accept the order immediately.
7 WARRANTY
The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, satisfactory quality or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose. The goods are not new and may come unwrapped. This is reflected in the price.
8 DELIVERY
8.1 Goods supplied to Buyers within the will normally be delivered within 7 working days of acceptance of order. Goods supplied to buyers from outside the will have provided to them a separate time of delivery estimate as part of the order acceptance process. Buyers from outside the will be responsible for obtaining any relevant import licence and for payment of any Customs duties.
8.2 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
8.3 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
8.4 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. 8.5 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
9 CANCELLATION AND RETURN
9.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller via fax, Email or post within 7 working days of delivery, if the Goods are damaged or do not comply with the order. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods. If the Buyer notifies the carrier immediately on delivery that the goods are damaged, then the carrier will take them back free of charge to the Buyer.
9.2 Where a claim of defect or damage is made the Seller shall be responsible for the recovery of the Goods from the Buyer. The Buyer shall be entitled to a full refund (excluding delivery costs) if the Goods are in fact defective.
9.3 If the Buyer is a consumer, it has the right, in addition to its other rights, to cancel the Contract and receive a refund by informing the Seller via fax, Email or post within 7 working days of receipt of the Goods provided that the goods were not signed for as acceptable
9.4 In the event of proper cancellation, the Seller shall be responsible for the recovery of the Goods from the Buyer and the Seller shall inform the Buyer within 21 days of cancellation of the date when the Seller will collect the Goods. The Buyer will be under a duty to take good care of the Goods until they have been recovered. The Buyer will receive a refund of all monies paid for the Goods within 30 days of cancellation.
9.5 Goods to be returned must clearly show the invoice number obtained from the Seller on the package.
9.6 Where returned Goods are found to be damaged through no fault of the Seller, the Buyer will be liable for the cost of the Goods.
10 LIMITATION OF LIABILITY
10.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller, the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
11 WAIVER
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
12 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, and the Seller shall be entitled to a reasonable extension of its obligations.
13 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
NOTICES
14.1 All notices given pursuant to this Agreement shall be in writing sent to the other’s registered office for the time being.
14.2 Notices may be sent by hand delivery, by pre-paid first class post, by fax, or by E-Mail
14.2.1 Notices will deemed to have been given: -
14.2.2 If by hand delivery: at the time of delivery
14.2.3 If sent by post on the second business day following the day of posting
14.2.4 If sent by fax at the time of transmission and a fax confirmation sheet shall be evidence of transmission.
14.2.6 If sent by E-Mail when the notice is received by the party to whom it is addressed is able to access it in an intelligible form (as defined by S.56(1) of the Regulation of Investigatory Powers Act 1998) and whether the recipient chooses to access it is immaterial.
15 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the Seller’s existing Terms and Conditions accepted by the Buyer upon making an order.
16. INABILITY TO DELIVER GOODS
16.1If delivery of the Goods is not taken by the addressee at the place stipulated, or as a result of other circumstances beyond its reasonable control, the Seller may store the Goods at the sole risk of the Buyer. The cost of such storage shall forthwith upon demand be paid by the Buyer to the Seller. The Seller shall as soon as reasonably possible notify the Buyer of its inability to effect delivery.
16.2The Seller shall be entitled at the Buyer’s expense to dispose of the Goods as agent for the Buyer, by sale or otherwise as may be reasonable in the following circumstances:
16.2.1 on 14 days’ notice in writing to the Buyer for Goods held by the Seller for 60 days or more and which cannot be delivered as instructed; and
16.2.2 without prior notice, where such Goods has perished, deteriorated or altered or is in immediate prospect of doing so.
16.3All charges and expenses arising in connection with such storage, sale or disposal of the Goods shall be paid by the Buyer upon demand. The Seller shall give appropriate credit to the Buyer for any balance arising out of the proceeds of sale of the Goods after deduction of such charges and expenses and unpaid delivery bills.
16.4If the Goods cannot be delivered to the addressee, the approximate delivery schedule having been pre-agreed with the addressee, the Buyer will pay the Seller an additional 75% plus VAT of the delivery charge. If there is no pre-agreed approximate delivery schedule, the Seller will try three times for delivery, and if it is still undelivered, the Buyer will pay an additional 75% plus VAT of the delivery charge.
16. DISPUTE RESOLUTION
In the event of any dispute arising between the parties in connection with this agreement which cannot be settled by negotiation, the parties will in good faith, seek to resolve that dispute through mediation under the auspices of the ADR Group of Grove House, Grove Road, Redland, Bristol BS6 6UN before resorting to expert determination. If the dispute is not resolved by mediation within 30 days, or if one of the parties will not participate in the mediation, the dispute shall be referred to expert determination by a chartered accountant appointed by the parties jointly or in default of agreement by the President for the time being of the Institute of Chartered Accountants of England and Wales on the application of any party. The costs of the expert determination shall be as directed by the expert. The jurisdiction and law applicable to this contract is that of and .
Trade Secret Terms of Use
In consideration of Trade Secret allowing you to access our website (‘website’) you agreed to be bound by the terms of use and if you purchase goods using our website you agree to be bound by the terms and conditions of sale
Terms of Use
This Agreement by which you agree to abide in exploring and accessing information from this website governs the terms on which you (‘the user’) are granted access to this website by Trade Secret’.
This Website contains proprietary notices and copyright information, the terms of which you agree to observe and follow.
The information contained in this website is an invitation to you to make an offer of purchase. A contract will only come into being once we accept your offer. We will inform you if we cannot provide the goods because they are unavailable or that if there is likely to be a delay in delivery. If you then wish to make a new order based on a longer delivery date, you may do this, but a contract will only come into being once we accept.
Any order or acceptance by electronic means is deemed to be received only when the party to whom it is addressed is able to access it in an intelligible form (as defined in S.56 (3) of the Regulation of Investigatory Powers Act 1998) and whether the recipient of the order or acceptance chooses to access it is immaterial.
Viruses, worms, Trojan horses and other potentially destructive programmes
You assume full responsibility for the protection of your computer system including computer hardware and software, stored data on your computer system and the store data and computer systems (including hardware and software of third parties who may access or be otherwise connected to your computer system). You will assume the responsibility of ensuring that programmes or other data down loaded or otherwise received from our or via website are free from viruses, worms, Trojan horses or other items of a destructive nature.
Exclusion of liability
In no circumstances will Trade Secret be liable to you for any direct, indirect, consequential, special or other damage howsoever resulting from the use of this website or any other website connected to the website by means of a hypertext link or otherwise. This shall be the case whether such damage is caused by transmission from this website (or a connected website) to your computer system, of viruses, worms, Trojan horses or other destructive items, corrupted data or data incompatible with your computer system, or third parties’ interception of or access to data of whatever nature. ‘Data’ includes (without limitation) personal data and credit and payment card information transmitted by the User electronically to Trade Secret or otherwise. Such damage shall include, (without limitation) lost profits, interruption to business, loss of the whole or any part of a programme or programs, or of any data howsoever stored, whether saved on a computer system or otherwise.
Data security
Trade Secret will take reasonable steps to ensure that data transmitted electronically to us via this site or otherwise, and stored by us, is not accessed by unauthorised third parties. You accept the risk that data transmitted electronically to us via this website or otherwise may be intercepted before reaching us, or accessed from our data storage means by third parties unauthorised by us, and may be exploited unlawfully by such unauthorised third parties. We do not assume responsibility for guarding against the acts of such unauthorised third parties.
Connected sites
We make no representations as to the security, quality or property of any website, which may be accessed through this website. Connected websites accessed through this website are independent websites over which Trade Secret does not exercise any control, whether financial, editorial, or of any other kind and are not in any way endorsed by Trade Secret.
Information contained in this website
Information contained in this website may contain technical inaccuracies or typographical mistakes. Information may be changed or updated without notice and any queries relating to the information including queries as to its recency and accuracy should be addressed to: - Trade Secret Limited of 3 Rumptons Paddock, Grendon Underwood, Aylesbury, Buckinghamshire HP18 0SN (reg no 05965378) tel: 01295 810110
All information made available from within this website is provided ‘as is’ for information purposes only and without warranty of any kind, either express or implied, including, but not limited to, any warranties as to non-infringement, merchantability or fitness for a particular purpose.
Privacy Policy
1. Introduction
This policy covers Trade Secret’s use of information that Trade Secret collects when you make an order. Trade Secret Limited of 3 Rumptons Paddock, Grendon Underwood, Aylesbury, Buckinghamshire HP18 0SN (reg no 05965378) owns and operates this website.
By entering your details in the fields requested, you enable Trade Secret to provide you with the goods you select. Whenever you provide personal information, we will treat that information in accordance with this policy. When using personal information we will act in accordance with current legislation and aim to meet current Internet best practice
2. Visitor Information
During the course of any visit to website address, the pages you see, along with a short text file called a 'cookie', are downloaded to your computer. Many websites do this, because cookies enable website publishers to do useful things like finding out whether the computer (and probably its user) has visited the website before. This is done on a repeat visit by checking to see, and finding, the cookie left there on the last visit. Information supplied by cookies can help us to provide you with a better online user experience and assist us to analyse the profile of our visitors.
3. What is a cookie?
A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a website's computer and stored on your computer's hard drive. Each website can send its own cookie to your browser if your browser's preferences allow it, but (to protect your privacy) your browser only permits a web site to access the cookies it has already sent to you, not the cookies sent to you by other sites. Cookies record information about your online preferences. Users have the opportunity to set their computers to accept all cookies, to notify them when a cookie is issued, or not to receive cookies at any time. The last of these, of course, means that certain personalised services cannot then be provided to that user and accordingly you may not be able to take full advantage of all of the features available on website address . Each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences. If you want to delete any cookies that are already on your computer, please refer to the instructions for your file management software to locate the file or directory that stores cookies. Information on deleting or controlling cookies is available at www.aboutcookies.org. Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our site.
4. Use and storage of your personal information
When you supply any personal information to us, we have legal obligations towards you in the way we use the collected data. We must collect the information fairly; that is, we must explain how we will use it (see the notices on particular web pages that let you know why we are requesting the information) and tell you if we want to pass the information on to anyone else.
All information supplied by you for statistical purposes will be kept with your anonymity preserved and used only for statistics.
In general, any information you provide to Trade Secret will only be used by us and by our agents and suppliers. Your information will be disclosed where we are obliged or permitted by law. We will ensure that all personal information supplied is held securely, in accordance with the Data Protection Act 1998.
If you are notified on this website that your information may be used to allow Trade Secret to contact you for "service administration purposes", this means that Trade Secret may contact you for a number of purposes related to the goods you have ordered. For example, we may wish to provide you with password reminders or notify you that the particular service has been suspended for maintenance. We will not contact you for promotional purposes unless you specifically agree to be contacted for such purposes at the time you submit your information on the site, or at a later time if you sign up specifically to receive such promotional information.
5. Access to your personal information
1.6 You have the right to request a copy of the personal information Trade Secret holds about you and to have any inaccuracies corrected. (We charge £10 for information requests.) Please address requests to the Data Protection Officer, Trade Secret Limited of 3 Rumptons Paddock, Grendon Underwood, Aylesbury, Buckinghamshire HP18 0SN (reg no 05965378)
6. Your Consent
By using our website, you consent to the collection and use of your information by us. All changes to our privacy policy will be updated on this page so that you are always aware of what information we collect, how we use it and under what circumstances we disclose it. We will also E-mail you, should we make any changes and give you a chance to ask us not to use your information in that way.
Because the Internet infrastructure is global and it is not possible to predict the routes that information sent over the Internet will take, information you provide may be transferred temporarily via a route which takes it outside the European Economic Area as it passes between you and us. By submitting your information you consent to this transfer.
Copyright and limited reproduction notices
Trade Secret is, unless otherwise stated, the owner of copyright and database right in this website and its contents. No part of this website may be published, distributed, extracted, re-utilised or reproduced in any material form (including photocopying or storing it in any medium by electronic means and whether or not transiently or incidentally to some other use of this publication) except in accordance with the permissions set out below or as permitted by the Copyright Designs and Patents Act 1988 or the Copyright and Rights in Databases Regulation1997 (as applicable).
Licence for personal use:
You may view this site electronically and you may, for your personal use only, save to your individual storage medium and print such extracts from this site as are necessary for such use ("extracted material").
"Licence to recopy for limited purposes".
You may recopy extracted material to individual third parties for their personal use only, but only if:
- You acknowledge the Trade Secret website as the source of the extracted material. You must include such acknowledgement and the Trade Secret website address in the copy of the extracted material.
- You inform the third party that these conditions apply to him or her and that he / she must comply with them.
- You recopy the extracted material in complete and unmodified form.
This licence to re-copy does not permit incorporation of the extracted material or any part of it in any other work or publication, whether in hard copy or electronic or any other form. In particular (but without limitation) no part of this website may be distributed or recopied for any commercial purpose or for a fee. Trade Secret reserves the right at any time at its discretion to withdraw or modify the licences set out above.
Links to Trade Secret’s website:
Trade Secret reserves the right at our discretion to prohibit any link from another Internet site or equivalent entity to materials or information on this site. Without prejudice to that, any link to material or information on this site must be neither misleading nor deceptive and must fairly indicate this website as the destination of the link.
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