TERMS AND CONDITIONS
We are Mangrove Cycles Limited (Mangrove Cycles), a company incorporated in England and Wales (company number 11221465) whose registered office is at Piccadilly Business Centre, Aldow Enterprise Park, Manchester, United Kingdom, M12 6AE (Mangrove Cycles).
The below Terms and Conditions of Sale (terms of sale) set out the terms applicable to the sale of our products for your information. Each time you purchase any products from our site, you will be asked to confirm your agreement to the applicable terms and conditions of sale, before you can complete your purchase.
PURCHASE OF PRODUCTS
Mangrove Cycles offers proprietary energy harmonising tools and related items. You may purchase the products directly through the site.
These terms of sale (together with any relevant documents referred to in them and including our Website Terms and Conditions) set out the terms on which we supply any of the following products via our site to you:
• Energy harmonising tools
• Related items
Each time that you purchase services through the site, you will be required to confirm that you have read, understood and accept our terms of sale. You will not be able to purchase anything through our site unless confirmation is given. Any terms that you seek to impose in respect of your purchase of services through this site will not form part of any contract between us. Please read these terms of sale carefully before ordering any services from our site. If you have any queries on these terms, please contact us at email@example.com before placing any order.
By placing an order for services through our site, you warrant that you are legally capable of entering into binding contracts, that you are at least 18 years old and that you are purchasing our service for your private, non-commercial use only.
By placing an order for services through our site you agree that we may store, process and use personal data collected from you for the purposes of processing/fulfilling your order only. We work with third parties to process your payment and they will also have access to your personal data to enable them to help us process/fulfil your order only. More information on how we may store, process and use your personal data is contained in our Privacy Notice available at http://questionoftiming.com/privacy-policy/.
PLACING AN ORDER
After placing an order for any products via our site, you will receive an on-screen message and e-mail from us acknowledging receipt and setting out the details of your order.
The contract for the purchase of any product or service will only be formed when you have agreed to our terms of sale, we have received payment in full for the service you are purchasing, and we acknowledge acceptance by email. We reserve the right, in our sole discretion to reject any order we receive.
DISPATCH AND DELIVERY
Please see our Delivery Policy for more information available at http://questionoftiming.com/shipping/.
Please note that for all international orders, VAT and other duties may be due on your parcel. You are responsible for paying all duties and taxes levied by your country. Each country has different rules and charges, so we cannot advise on these. If you refuse to pay these fees and the parcel is returned to us, we will refund your order once we receive the parcel after deducting any fees charged to us including shipping costs. Some countries will not allow the import of certain products. It is the responsibility of the customer to establish what their country rules and regulations are. We cannot be held responsible for orders delayed, returned, or destroyed by customs. If a package is returned by customs we will be charged, and this cost, together with the original shipping cost will be deducted from any refund requested.
If your item is not in stock, you may have the option to place a back order. You will be charged at the time you place your order and we will get in touch to inform you of an estimated time to expect dispatch of your order. This may be subject to change. You have the right to cancel your order at any time if you decide you no longer wish to wait. Placing a back order ensures that you will be the first to receive the product when it returns to stock.
All products and services featured on our site are subject to availability. We reserve the right to change or remove a service or other content on the site at any time without notice or liability to you.
PRICE AND PAYMENT
The price of any product will be as quoted on this site at the current time. Please be aware that we do not charge VAT as we are not currently VAT registered in the UK.
By providing the details of a credit or debit card or payment account to be debited, you confirm that you are authorised to purchase the digital products and that you have the permission of or are the holder of the credit or debit card, PayPal or other account being used to pay for the transaction. All card payments and cardholder details may be subject to validation checks carried out by us and/or the card issuer. If any validation checks are required, we will not be held liable for any delays or non-delivery nor are we obliged to.
In respect of validation checks and authorisation carried out by the card issuer, if the issuer of your card refuses to authorise payment, we will not accept your order and we will not be liable for any delay or non-delivery or any bank charges applied to you. We are not obliged to inform you of the reason for the refusal.
PAYMENTS, CANCELLATION AND COOLING OFF
If you reside in a European Union member country and have purchased our products using our website, you have the right to change your mind and receive a refund within fourteen (14) days of purchase (the “Cooling-off Period”). You can return any items or products to us within this 14 day cooling-off period. Returned goods must be in the same state they were sent and in sellable condition to quality for a refund. Please note that you will be responsible for the cost of returning any item back to us if it is not faulty.
Whilst we try very hard to deliver your items to you in perfect condition if you do receive any that are damaged or faulty then we will require photographic evidence of the faulty items within 24 hours of receipt. We will then issue a replacement product free of charge or a full refund. If a product is damaged on receipt or deemed faulty please email us at firstname.lastname@example.org and arrangements can be made for a replacement to be sent, however you may be required to return the damaged or faulty item back to us.
REFUNDS AND RETURNS
If you are a consumer, you have a legal right to cancel a Contract during the period set out below. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive the Mangrove Cycles service or product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
Returned goods must be in the same state they were sent and in sellable condition to quality for a refund. Please note that you will be responsible for the cost of returning any item back to us if it is not faulty. Custom orders are not eligible for refunds unless faulty.
Please also note, if you cancel a Contract for Services under this clause, and we have already provided you with all or any part of our Service, you agree to pay us any costs we reasonably incurred in starting to fulfil our obligations under the Contract, and this charge will be deducted from any refund that is due to you. We will tell you what these costs are when you contact us. However, where you have cancelled an order for the Mangrove Cycles Service because of our failure to comply with these Terms, you do not have to make any payment to us.
Your legal right to cancel a Contract starts from the date of the dispatch confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract is 14 days after this confirmation date.
To cancel a Contract, you just need to let us know that you have decided to cancel, by contacting us using the e-mail address provided on our website. If you use this method we will e-mail you to confirm we have received your cancellation.
If you are e-mailing us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail to us.
Any refund due to you under the Contract will be made via the same method you used to purchase the goods.
Because you are a consumer, we are under a legal duty to supply services that are in conformity with this Contract. As a consumer, you have legal rights in relation to services that are provided not as described. These legal rights are not affected by your right of refund in this clause, or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
EVENTS OUTSIDE OUR CONTROL
We will not be liable for any failure or delay to perform any of our obligations under a contract for a product or service that is caused by events outside our reasonable control.
We endeavour to provide the best service we can, but you understand and agree that to the fullest extent permitted by law:
-THE MANGROVE CYCLES SERVICE IS PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE MANGROVE CYCLES SERVICE AT YOUR OWN RISK. MANGROVE CYCLES DISCLAIMS ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
In addition, we do not warrant, endorse, guarantee or assume responsibility for any third party content, product, or service recommended by or through the Mangrove Cycles Service or any hyperlinked website. You understand and agree that Mangrove Cycles is not responsible or liable for any transaction between you and third-party providers of third party applications, products, or services recommended on or through the Mangrove Cycles Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from us shall create any warranty on our behalf in this regard.
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Mangrove Cycles Service is to stop using the Mangrove Cycles Service.
– TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MANGROVE CYCLES ITS OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE MANGROVE CYCLES SERVICE, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER MANGROVE CYCLES HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE MANGROVE CYCLES SERVICE MORE THAN THE AMOUNTS PAID BY YOU TO MANGROVE CYCLES DURING THE PRIOR THREE MONTHS IN QUESTION.
Nothing in this Contract removes or limits Mangrove Cycles’ liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence.
This Contract constitutes all the Terms agreed upon between you and Mangrove Cycles and supersedaes any prior agreements in relation to the subject matter of this Contract, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the Contract in any written or oral communication from you to Mangrove Cycles are void. You represent that you have not accepted the Contract in reliance on any oral or written representations made by Mangrove Cycles that are not contained in the Contract.
Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.
GOVERNING LAW AND JURISTICTION
Please note that these Terms are governed by English Law. This means a contract for the purchase of products or the provision of services through the Mangrove Cycles Service 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.
WEBSITE TERMS AND CONDITIONS
This website (www.questionoftiming.com) (the site) is run and maintained by Mangrove Cycles Limited (Mangrove Cycles), a company registered in England and Wales, with company registration number 11221465 and whose registered office Piccadilly Business Centre, Aldow Enterprise Park, Manchester, United Kingdom, M12 6AE. Our email address is email@example.com
Mangrove Cycles provides energy harmonising tools and related items.
These Website Terms and Conditions (terms and conditions) cover the terms on which you may use the site. By using this site, you accept that you are bound by these terms and conditions. If you do not accept them, please do not use the site.
USER RIGHTS OF ACCESS
You have permission for temporary, non-exclusive use of the site. Mangrove Cycles reserves the right to withdraw or change the content of the site and these Terms and Conditions at any time without notifying you and without having any legal responsibility towards you.
You are not allowed to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any part of the site.
You are also not allowed to licence, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the site and/or any documents or online resources (including our digital products or other communications after these have been purchased by you) on the site available to any third party.
You are responsible for configuring your own computer and software to access the material and content on our site including downloadable files and resources when purchasing our digital products. We do not warrant that the way we deliver data to you is compatible with your software or with the way your mobile device, computer or tablet is configured.
Although we do our best to protect our site, we are not responsible for any viruses, bugs or similar issues. We advise that you use your own virus protection software to protect yourself.
You must treat all identification codes, passwords and other security information that you obtain from use of the site and (where applicable) for you to access parts of the site, as confidential. If we think you have failed to keep confidentiality, we may disable any such information, including your passwords and other codes.
You agree to follow our Acceptable Use Policy.
If you allow anyone else to use our site, you must make sure that they read these terms and conditions first, and that they agree to and follow them.
If you do not use the site according to the law and these terms and conditions, we may suspend your usage, or stop it completely.
We frequently update the site and make changes to it, but we have no duty to do this. This means that content on the site may be outdated or incorrect. We will have no liability to you for any losses or damage you may suffer from your reliance on any of our materials.
We do not save your credit card details or share customer details with any third parties, unless when necessary for us to deliver the service and fulfil your order, and we follow our Privacy Notice in handling information about you. By using the site, you agree to us handling this information and confirm that data you provide is accurate.
Personal information or business information that you supply to Mangrove Cycles through the site, other than information that is in the public domain, will be treated confidentially and in line with our Privacy Notice. Confidential information will not be disclosed to any Third Party, including for the purposes of marketing, without your prior permission. We will only disclose your information if it is necessary for the performance of our services or where so required by law.
We may change these terms and conditions from time to time. Please ensure that you check for any changes regularly, as you are bound by them if you use of this site.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or licensee of all intellectual property rights in the site in all of the material hosted on the site including any databases that hold relevant information about the site. They are protected by copyright or trademark registration and you may only use any such material and the documents in line with these terms and conditions and this paragraph specifically. If you do not use the materials in line with these terms and condition and this paragraph specifically, you lose your right to use our site, and must destroy or return any copies of documents you have made of it or any part of it. We reserve all our rights conferred to us by law to remedy any such breach.
OUR RESPONSIBILITY TO YOU
We do not guarantee the accuracy of material on our site, and you are responsible for the way you use its content.
We shall not limit or exclude our liability for:
• death or personal injury;
• fraud or fraudulent misrepresentation; or
• any act, omission or matter, liability for which may not be excluded or limited under any Applicable Law.
We shall not be liable to you for any indirect, special or consequential loss or damage, including:
• loss of profit;
• loss of goodwill;
• loss of savings; or
• loss of contract.
We also exclude, but only as far as legally possible, all terms and warranties or promises implied by law or by statutes.
Although we try to make the site available at all times, we do not warrant that your use of the site will be uninterrupted. We are not responsible for any loss or damage you may suffer resulting from any interruptions, errors or the transfer of data and you acknowledge that the site may be subject to limitations, delays and other issues.
Any duty of care owed to you by us is owed to you alone and no duty of care is owed to any third party and we do not assume any responsibility to any third party in respect of the performance of our duties to you.
LINKS TO OUR SITE OR OTHER SITES
You are allowed to make a link to our site’s homepage from your website if the content on your site meets the standards of our Acceptable Use Policy and provided you do not suggest any endorsement by us or association with us unless we provide agreement in writing. We reserve the right to end this permission at any time.
Links from our site to other sites are only for information. We do not accept any responsibility for other sites, the accuracy of their content or any loss you may suffer from using and relying on them.
If you do anything which is a criminal offence under the Computer Misuse Act 1990 (such as for example; introducing viruses, worms, Trojans and other technologically harmful or damaging material) your right to use the site will end immediately, we will report you to the relevant authorities and provide them with details of your identity.
You must not try to obtain access to our server or any connected database or make any ‘attack’ on the site.
Any dispute arising from these terms and conditions shall be governed by and construed in accordance with the law of England and Wales and you irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any arising dispute.
If any part of these terms and conditions is held to be invalid or unenforceable, the remaining terms and conditions will continue in full force and effect.
If you have any questions or a complaint about the service provided by us, please contact firstname.lastname@example.org to make your complaint.