Trailback Terms & Conditions Of Trading
Why are these Terms and Conditions important?
Our right to vary these conditions
We reserve the right to amend these Conditions from time to time as is deemed necessary, so please do check before ordering that you are comfortable with the Conditions which apply at the time. These Conditions were most recently updated on 20th March 2017. However, please note that any of the content on our Website may be out of date at any given time and we are under no obligation to update it. We do not guarantee that our Website, or any content on it, will be free from errors or omissions.
Should you not agree with any of the Conditions as shown at any time, you should cease using the Website.
Accessing our Website
Our Website is made available free of charge. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Website.
You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Conditions and that they comply with them.
Intellectual Property Rights
All rights in the design, intellectual property and information on the Website are owned by us, and are protected as appropriate by copyright, trade marks and other intellectual property rights. All material and content contained on the Website is for your personal non-commercial use only.
We strictly prohibit the reproduction, modification, distribution or incorporation into any other work of any or all of the material available on the Website except in so far as you may:
• Copy, print or download extracts of material from the Website for the sole purpose of using the Website in good faith for domestic purposes or for placing an order through the Website; or
• Copy, print or download extracts of material from the Website for the sole purpose of sending to individual third parties for their personal information provided that no commercial advantage or benefit is sought from so doing, and that you acknowledge us as the source of the material and you inform the third party that they must comply with the Conditions.
Any other use of the material and content and material of the Website is strictly prohibited and you agree not to nor assist in any such facilitation to copy, reproduce, transmit, publish, display, distribute or otherwise commercially exploit or create derivative works of such material and content.
All contents on pages of the Website, without exception, are the copyright of Trailback or our suppliers or that of other third party partners. All Rights Reserved. You will be responsible for any breach of these Conditions and will reimburse us for any loss caused as a result of your misuse.
Trailback is a Registered Trade Mark as is the design and logo.
Sending Us Information
We are happy to receive from you any ideas, suggestions, graphics, mixes, pictures or anything else, but do please remember that, by sending us your submission (the “Material”) you will be deemed to have granted Trailback (and any of its subsidiaries or associated companies) a perpetual, royalty-free, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in the Material. By submitting your Material to this site, you also warrant that:
a) you have the right to make it available to Trailback;
b) the Material is not defamatory; and
c) the Material does not infringe any law.
You agree to indemnify Trailback against all legal fees, damages and other expenses that may be incurred by Trailback as a result of your breach of the above warranty.
You also agree to waive any moral rights in the Material for the purposes of its submission to and publication on the Website and the other purposes specified above. You may not violate, plagiarise, or infringe on the rights of third parties including copyright, trade mark, trade secret, privacy, personal, publicity, or proprietary rights.
This means that all stories, mixes, comments, suggestions, ideas, graphics or other information sent to us can be used by us as we see fit. This includes using it for promotional, marketing or any other commercial purpose, whether in advertising, or in developing, manufacturing or marketing products. Under no circumstances are you entitled to any payment if we do use your Material for any purpose. So remember don’t send us your Material if you don’t want us to use it or the world to know it.
Conditions of Using Features on the Website
You agree to use the Features in this Website in good faith and in the spirit in which they are made available to you. In particular you agree:
a) not to send or resend any content which is obscene or vulgar, offensive, abusive, harmful, threatening, libellous, defamatory, invasive of another’s privacy, racially or ethically or religiously insulting or otherwise unlawful;
b) not to use Features on the Website for any purpose that is illegal or which is or may be damaging to the rights or interests of any User or other party;
c) if you or any other party has any issues or concerns with the content of any communications generated via the Website, you should contact the website moderator as soon as possible; and
d) that all Features will be used entirely at your own risk and Trailback accepts no responsibility for any losses or consequences suffered by you as a result of your use of the Website.
If Trailback is informed or has any reason to believe that any of the Features on our Website are being used by a user other than in accordance with these Terms and Conditions, Trailback reserves the right to suspend or permanently prevent access by the user to the Features and shall have no liability to the user whatsoever in such event.
No Reliance on Information
The content on our Website is provided for general information only. We make no warranties, either express or implied, as to the Website’s accuracy, nor in relation to any transaction undertaken on or through the Website included but not limited to implied warranties of non-infringement, compatibility, security, accuracy or completeness.
Although we seek to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date.
Limitation of Liability
The Company reserves the right to withdraw or modify at any time the Website, or any part thereof, with or without notice, and will not be liable to you nor any third party in respect of any such modifications or withdrawals. Your continued usage of the Website after any such changes shall be deemed to be acceptance of such change.
As permissible under applicable law we disclaim any and all warranties of any kind in relation to the products. Your statutory rights as a consumer are not affected nor are your right of cancellation under the contract.
We are not liable in contract, tort including without limitation negligence, pre-contract or other representations (other than misrepresentations that may be deemed negligent or fraudulent) or otherwise out of or in connection with the Conditions for any economic losses including without limitation loss of revenue, profit, contracts, business or savings; loss of goodwill or reputation; loss of data; loss of anticipated savings; any indirect or other losses suffered or incurred by any party arising out of or in connection with the provisions of the Conditions.
The Conditions do not exclude nor limit our liability for death or personal injury resulting from our negligence or that of our directors, employees or agents.
In addition you agree to indemnify, defend and hold us and our officers, directors, employees, agents and suppliers harmless immediately on demand from and against all claims, liabilities, 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 the Website or by any other person accessing the Website using your account or personal information.
We bear no responsibility or liability for your use of other Websites you may access via links within this Website that we do not control nor have responsibility for the content. Such links are provided as a service and their inclusion does not indicate any endorsement nor affiliation with such website.
Any liability incurred by the Company in connection with any contract for our products to which the Conditions may apply shall not exceed the price of the products.
We shall not be liable to you nor deemed to be in breach of any contract with you or the Conditions by reason of any delay in performing or failing to perform any obligations in relation to the products ordered by you, if the delay or failure was due to any cause beyond our reasonable control.
We do not guarantee that our Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
Placing an Order
Please take the time to read and check your order at each stage of the order process.
When you place an order on the Website, you make an offer to Trailback to purchase the goods shown in your order. You will receive the following communications from us:
• When an order is placed, you will receive an email from us acknowledging that we have received your order. Please note that this is not a confirmation that your offer to purchase the goods has been accepted.
• We will confirm our acceptance to you by sending you an email detailing the items you have purchased, together with confirmation that payment has been debited from the method of payment you have provided.
• When your order is dispatched you will receive an email with confirmation of the items dispatched, the dispatch method, anticipated delivery timeline.
• These emails may come consecutively or as one.
You may only purchase products from our Website if you are at least 18 years old.
By using the Website you warrant that any payment method used is your own and that there is sufficient credit to cover payment of the order placed.
Trailback reserve the right to end any contract with you should you breach any of the Conditions herein or fail to make payment when due, or should we have reasonable cause to suspect you have or are about to engage in any fraudulent or illegal activity. We will suspend or terminate access to the Website accordingly and at any time, should we consider this to be necessary, and in the best interests of the Company.
Prices and Stock Availability
All prices are quoted in GB pounds sterling and are correct at the time of publication. Product sold and delivered outside of the European Union does not include an element of VAT and is sold at the price shown on the website. If an order is delivered overseas the recipient will be responsible for the payment of any customs or import duties levied once the package reaches the destination country. Please note that we have no control over these charges and we cannot predict their amount. Please contact your local customs office for further information before placing your order.
We endeavour to display on the Website all items in our current range and to hold stock of all styles as shown. Please note that the packaging of the products may vary from that shown on the images on our Website.
What Happens After Placing an Order
We use all reasonable endeavours to ensure that product descriptions, specifications and photographs are as clear and accurate as possible but these are not intended to be binding and can only provide a general description of the products for sale. Colour reproduction, material description and dimensions will provide a close representation, but we will not accept any responsibility for any variation in size, material or colour caused by browser software, monitor colour contrasts or computer systems used by you. However, we do offer a comprehensive refund and exchange policy and on the understanding that you return any such goods to us in line with our Returns Policy within the Conditions, you will receive your money back.
We make every effort to deliver within the timescales promised on the Website and in further communications with you after an order has been placed. However, at times things do happen that are outside of our control and we will not be liable for any losses caused to you by late or missing delivery.
Please contact us: firstname.lastname@example.org should your order not arrive within the expected time, and we will do all we can to expedite delivery
Royal Mail will provide delivery to the address stated on the order. If we receive returned orders that cannot be delivered due to an incomplete or incorrect address or because of customer failure to contact the Royal Mail or collect the goods from the depot when requested, we will refund the cost of the product once received back in our warehouse, less any and all delivery costs incurred by us in sending out the goods plus any additional costs incurred to return the goods to us by the courier company.
Items are returned free of charge, please ensure that you obtain proof of posting as we cannot accept responsibility for goods lost or damaged in transit.
We are a UK based Website operating within the UK.
Purchases on the Website can be made securely using PayPal. Please be aware that if you do not have a Paypal account, you can still make your payment through Paypal.
All payments are processed in pounds Sterling (GBP).
Payment for the products and all applicable delivery charges is in advance.
International credit card providers or banks outside of the UK will determine their own exchange rates and charges that you will be liable to pay. We have no control over such rates and charges and you should check with your issuing bank you should you have any such questions.
Any local import duties and taxes that may be due are the sole responsibility of the recipient of the goods.s..
Your Expectations and Rights
Should any of the Conditions be broken by you or if any liabilities are incurred as a result of your use of the Website you are liable for any and all costs arising that we, our employees, agents and suppliers incur as a result of any breach including reasonable legal fees if applicable.
Should any other person use your account and/or personal information with us you remain liable unless you are able to prove that such use was fraudulent.
Other important terms
These Conditions and your use of the Website are governed by English law. This means that a contract for the purchase of products through the Website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland. This does not affect any applicable statutory rights.
The Website and these Conditions are intended for use within the United Kingdom and although we are delighted to be of service to customers from outside of the United Kingdom we can give no warranty, either express or implied, that the use of the Website or the placing of any order through the Website from outside of the UK, complies with any applicable non UK laws or regulations.
Trailback may transfer or assign all or any rights or obligations under the Conditions to any third party. You may not transfer nor assign all or any rights or obligations under the Conditions to any third party without our express written permission.
No person who is not a party to the Conditions shall have any rights to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in the Conditions is intended nor shall affect any statutory legal rights that may not be legally excluded.
In the unlikely event of any part or provision of the Conditions becomes void or unenforceable it does not mean the whole contract is unenforceable, all other parts or clauses within the Conditions remain as severable and surviving.