PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING THIS WEBSITE AS A USER (REFERRED TO AS “YOU/YOUR”) YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US.
IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
1.2 We may revise these terms and conditions at any time by updating this posting (see date at the top). It is your responsibility to check this website from time to time to review the current terms and conditions as each use of this website signifies your acceptance to be bound by the latest terms and conditions. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this website.
2. ORDERING FROM US
2.2 As part of our order process you will be given the opportunity to check your order and to correct any errors. Following receipt of your order, we will send you an order acknowledgement email, detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from Touch Digital Controllers Limited but may contain confirmed pricing information including, packaging shipping and insurance.
2.3 Our acceptance of an order and the completion of a contract between you and us takes place when we dispatch the order even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.
2.4 We may refuse to accept an order:
2.4.1 where goods are no longer available;
2.4.2 where we cannot obtain authorisation for your payment or suspect fraud;
2.4.3 if there has been a pricing or product description error; or
2.4.4 if you do not meet any eligibility criteria set out in our terms and conditions.
2.5 Sales to destinations not within our list of shipping countries will only be accepted with prior arrangement with our sales department. A price covering shipping and packaging to your country of destination will be quoted by the sales department via email.
2.6 Touch Digital Controllers Limited reserve the right to limit the quantity of any item sold, or prohibit a sale altogether, including but not limited to prohibiting sales to resellers. In any such event the consumer will be refunded immediately.
2.7 Orders placed directly through our resellers will be subject to their terms and conditions of sale.
3.2 Where we charge separately for carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this website, or by email during the order conformation process.
3.3 Our product and operational prices are reviewed monthly and while we try to ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
4.2 In the interests of preventing fraudulent use of credit, debit and charge cards, Touch Digital Controllers Limited will validate the names, addresses and other information supplied during the order process against commercially available records (e.g Electoral Roll data, Credit Reference Services). A third party may also be instructed to complete these checks. By ordering from this website you consent to such checks being made. Any information given may be disclosed to a registered Credit Reference Agency which may keep a record of the information. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
4.3 You will still be charged and invoiced in UK Pounds sterling. At the point of payment, your card issuing bank will convert the amount paid in UK pounds to Euros / US Dollars using their current exchange rate. Please bear in mind that web published Euro / US Dollar exchange rates are a guide and will not be your bank exchange rate used.
5.2 If you are not shipping to a country within the EU then you may be liable for Import Duty,VAT and other specific country import charges and taxes. Please check with a customs office in your country for information ad clarification.
5.3 Your order will be delivered to the address you indicated when you place your order. All goods must be signed for by an adult aged 18 years or over on delivery.
5.4 Delivery charges and estimated timescales are specified by the sales department when you place an order. Unless otherwise agreed with you, and subject to clause 14, delivery of the goods will be within 30 days beginning with the day after you ordered the goods. Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us.
6. CANCELLATION AND RETURNS POLICY
6.2 If you wish to cancel your order during the cancellation period set out in clause 6.1, please notify us in writing by letter, fax or by email. A telephone call is not sufficient unless both you and Touch Digital Controllers Limited agree otherwise.
6.3 Once you have notified us that you wish to cancel the contract with the cancellation period, either before or after you have received the goods, you should return the goods to us within a reasonable time period (usually 28 days) and take reasonable care in doing so. The risk and cost of returning the goods to us shall be borne by you unless you have notified us that the goods are faulty and the fault is verified by us. If you fail to return the goods to us, you must make them available for collection upon notification from us that we intend to collect the goods.
6.4 Upon cancellation of the contract we will credit your account with a full refund of the money paid to us, including the cost of delivery of the goods to you, as soon as possible and in any event not later than 30 days after receipt of the notice of cancellation. If you do not return the goods or do not pay the costs of delivery to us, we shall be entitled to deduct the direct cost of recovering the goods from the amount of the refund.
6.5 Goods must be returned and re-packed in the original packaging as received complete ‘AS SOLD’ and in ‘AS NEW’ condition (for example, if the packaging has been opened to examine the product/s you must have done so without damaging the packaging or the product/s in any way).
6.6 You have a duty to take reasonable care of the products while in your possession and during the cancellation period to maintain them in the condition in which they were supplied by us. If goods are damaged or your use of the goods has gone beyond your right to reasonably inspect and assess the goods, Touch Digital Controllers Limited reserves the right to seek recompense.
6.7 If a fault should occur with your product outside the cancellation period and within the 12 month warranty period, you may wish to return the product/s to our support centre, with a copy of your online/email receipt and a full written description of the fault. If the product is found to be faulty we will repair it free of charge and return the product/s to you. If we are unable to repair your product within a reasonable period of time then we can offer you the choice of a full refund or to supply you an alternative product equivalent. The original packaging has been custom deigned to ensure maximum protection during shipping so must be used to return any such faulty equipment to Touch Digital Controllers Limited, failure to do so may result in further damage and we will not be held liable for this or the cost of repairs in this case.
6.8 The cost of shipping faulty products to Touch Digital Controllers Limited and from (back to the customer) is not covered under this warranty and therefore the customers responsibility.
TOUCH DIGITAL CONTROLLERS ONE YEAR WARRANTY
6.9 (on new products purchased on or after 01/03/2011)
6.9.1 We guarantee that all products will be free from manufacturing defects for one year from the date of purchase.
6.9.2 Subject to clause 6.9.3 below, defective products will be repaired free of charge or, at our option, replaced by a fully functional equivalent (in some cases a later version) providing that the product/s are returned to us, delivery paid and original packaging within a one year period, together with a copy of the original sales invoice. Products and product parts which have been replaced by us become the property of Touch Digital Controllers Limited.
6.9.3 All products are guaranteed for this one year period provided that:
22.214.171.124 the products have not been subject to abuse, mishandling, used beyond the limits specified by Touch Digital Controllers Limited in either written or verbal form, or subject to damage or loss from ordinary use;
126.96.36.199 you have complied with the instructions contained in any technical instructions for use of the product/s including those relating to adequate maintenance and care;
188.8.131.52 the products are not powered with an unsuitable power supply, power source or battery or subject to adverse environmental conditions and
184.108.40.206 the product has not been altered by you and any fault in the product has not been caused by use of accessories and/or supplementary or replacement parts which were not original components of the product.
6.9.4 For the avoidance of doubt, any repair or replacement of a defective product within the one year period will not renew or prolong your guarantee beyond that period.
6.9.5 In the event that you delay in notifying us of the defect in the product and additional damage is caused by that delay, we reserve the right to reduce our liability accordingly.
6.10 The provisions of clause 6.7, 6.8 and 6.9 do not affect your statutory rights.
7.1.1 no documents or related graphics on this website are modified in any way;
7.1.2 no graphics on this website are used separately from accompanying text; and
7.1.3 any of our copyright and trade mark notices and this permission notice appear in all copies.
7.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this website (including without limitation photographs and graphical images) are owned by Touch Digital Controllers Limited. For the purposes of these terms and conditions, any use of extracts from this website other than in accordance with clause 7.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this website automatically terminates and you must immediately destroy any downloaded or printed extracts from this website.
7.3 Subject to clause 7.1, no part of this website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
7.4 Any rights not expressly granted in these terms are reserved.
8. SERVICE ACCESS
8.2 Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
9. VISITOR MATERIAL AND CONDUCT
9.2 You are prohibited from posting or transmitting to or from this website any material:
9.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
9.2.2 for which you have not obtained all necessary licenses and/or approvals;
9.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
9.2.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
9.3 You may not misuse the website (including, without limitation, by hacking).
9.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 9.2 or 9.3.
10. LINKS TO AND FROM OTHER WEBSITES
10.2 If you would like to link to this website, you may only do so on the basis that you link to, but do not replicate, the home page of this website, and subject to the following conditions:
10.2.1 you do not remove, distort or otherwise alter the size or appearance of the Touch Digital Controllers Limited logo;
10.2.2 you do not create a frame or any other browser or border environment around this website;
10.2.3 you do not in any way imply that we are endorsing any products or services other than our own;
10.2.4 you do not misrepresent your relationship with us nor present any other false information about us;
10.2.5 you do not otherwise use any Touch Digital Controllers Limited trademarks displayed on this website without our express written permission;
10.2.6 you do not link from a website that is not owned by you; and
10.3 your website does not contain content that is distasteful, offensive or controversial, defamatory, causes annoyance or inconvenience, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. We expressly reserve the right to revoke the right granted in this clause 10.3 for breach of these terms and to take any action we deem appropriate.
10.4 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 10.3.
11.2 To order fromwww.touchdigitalcontrollers.co.uk you must be over eighteen years of age.
11.3 Each order is for a single user only. We do not permit you to share your personal and financial data with any other person nor with multiple users on a network.
11.4 Responsibility for the security of any personal and financial data issued rests with you and if you know or suspect that someone else knows your personal and financial data, you should contact us immediately.
11.5 We may suspend or cancel your order immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
12.2 The material on this website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this website.
13.2 We are not liable for losses that arise in connection with this website in any way or in connection with the use, inability to use or the results of use of this website, any websites linked to this website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this website or your downloading of any material from this website or any websites linked to this website.
13.3 Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977) or any liability which cannot be excluded or limited under applicable law.
13.4 If your use of material on this website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
13.5 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this website, or the use by any other person using your registration details.
14. IMPOSSIBILITY OF PERFORMANCE
15. COMMENTS, QUESTIONS & COMPLAINTS
15.2 We will always – as a matter of courtesy request your permission before publishing such feedback in any publications available to the general public or on the Touch Digital Controllers website.
16. GOVERNING LAW AND JURISDICTION
16.2 We do not warrant that materials/items for sale on the website are appropriate or available for use in every country outside the United Kingdom. It is prohibited to access the website from territories where its contents are illegal or unlawful. If you access this website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
17.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
17.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
(Updated 4th July 2011)
This website is owned and operated by Touch Digital Controllers Limited, a company registered in England and Wales, whose registered office is at The Old Dairy, Sandy Farm Business Centre, Sands Road, The Sands, Farnham, Surrey, GU10 1PX. Our company registration number is 7465759 and our VAT registration number is 103394442.
Our contact details are as follows:
General email: email@example.com
Located: Reading, Berkshire, England. UK.
Telephone number: +44 (0)1189 472474
Support email: firstname.lastname@example.org
Located: Ewell, Surrey, England. UK.
Telephone number: +44 (0) 20 8873 2044