Welcome to TBFShop.com. We sell our products to you subject to the conditions
set out on this page.
Please read these conditions carefully before using the TBFShop.com website.
By using the TBFShop.com website, you signify your agreement to be bound by
these conditions. In addition, when you use any current or future TBFShop.com
service
you will also be subject to the guidelines and conditions applicable to that
service.
Conditions Relating to Your Use of TBFshop.com
1. Your Account
If you use the website, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer to
prevent unauthorised access to your account. You agree to accept responsibility
for all
activities that occur under your account or password. You should take all necessary
steps to ensure that the password is kept confidential and secure and should
inform us immediately if you have any reason to believe that your password
has become known to anyone else, or if the password is being, or is likely
to be,
used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete
and inform us immediately of any changes to the information that you provided
when
registering.
TBFShop.com reserves the right to refuse access to the website, terminate accounts,
remove or edit content, or cancel orders at our discretion. If we cancel an
order, it will be without charge to you.
2. Access to TBFShop.com
We will do our utmost to ensure that availability of the website will be uninterrupted
and that transmissions will be error-free. However, due to the nature of the
Internet, this cannot be guaranteed. Also, your access to the website may also
be occasionally suspended or restricted to allow for repairs, maintenance,
or the introduction of new facilities or services. We will attempt to limit
the
frequency and duration of any such suspension or restriction.
3. Licence for website access
TBFShop grants you a limited license to access and make personal use of this
website, but not to download (other than page caching) or modify it, or any
portion of it, except with express written consent of TBFShop.com. This license
does
not include any resale or commercial use of this website or its contents; any
collection and use of any product listings, descriptions, or prices; any derivative
use of this website or its contents; any downloading or copying of account
information for the benefit of another merchant; or any use of data mining,
robots, or similar
data gathering and extraction tools.
This website or any portion of this website may not be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any commercial purpose
without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo,
or other proprietary information (including images, text, page layout, or form)
of TBFShop.com and its affiliates without express written consent. You may
not
use any meta tags or any other "hidden text" utilising TBFShop.com
or its affiliates names or trademarks without the express written consent
of TBFShop.com. Any unauthorised use terminates the permission or license granted
by TBFShop.com
You are granted a limited, revocable, and non-exclusive right to create a hyperlink
to the Welcome page of TBFShop.com as long as the link does not portray TBFShop,
its affiliates, or their products or services in a false, misleading, derogatory,
or otherwise offensive matter. You may not use any TBFShop.com or other proprietary
graphic or trademark as part of the link without our express written consent.
4. Your conduct
You must not use the website in any way that causes, or is likely to cause,
the website or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not TBFShop.com, are responsible for all electronic
communications and content sent from your computer to us and you must use the
website for lawful purposes only.
You must not use the website for any of the following:
- for fraudulent purposes,
or in connection with a criminal offence or
other unlawful activity
- to send, use or reuse any material that is illegal,
offensive, abusive, indecent, defamatory, obscene or menacing; or in breach
of copyright, trademark,
confidence,
privacy or any other right; or is otherwise injurious to third parties; or
objectionable; or which consists of or contains software viruses, political campaigning,
commercial
solicitation, chain letters, mass mailings or any "spam"
- to cause
annoyance, inconvenience or needless anxiety
You agree that the rights you
grant above are irrevocable during the entire period of protection of your
intellectual property rights associated with
such content
and material. You agree to waive your right to be identified as the author
of such content and your right to object to derogatory treatment of such content.
You agree to perform all further acts necessary to perfect any of the above
rights
granted by you to TBFShop.com, including the execution of deeds and documents,
at the request of TBFShop.com
You represent and warrant that you own or otherwise control all of the rights
to the content that you post; that, as at the date that the content or material
is submitted to TBFShop.com: (a) the content and material is accurate; (b)
use of the content and material you supply does not breach any applicable
TBFShop.com policies or guidelines and will not cause injury to any person
or entity (including
that the content or material is not defamatory). You agree to indemnify TBFShop.com
and its affiliates for all claims brought by a third party against TBFShop.com
or its affiliates arising out of or in connection with a breach of any of
these warranties.
5. Copyright, authors rights and database rights
All content included on the website, such as text, graphics, logos, button
icons, images, audio clips, digital downloads, data compilations, and software,
is the
property of TBFShop.com.
You may not systematically extract and/or re-utilise parts of the contents
of the website without TBFShop.com’s express written consent. In particular,
you may not utilise any data mining, robots, or similar data gathering and extraction
tools to extract (whether once or many times) for re-utilisation of any substantial
parts of this website, without TBFShop’s express written consent. You also
may not create and/or publish your own database that features substantial (eg
our prices and product listings) parts of this website without TBFShop.com’s
express written consent.
6. Our contract
When you place an order to purchase a product from TBFShop.com, we will send
you an e-mail confirming receipt of your order and containing the details
of your order.
7. Pricing and availability
We list availability information for products sold by us on the website,
including on each product information page. Beyond what we say on that page
or otherwise
on the website, we cannot be more specific about availability. Please note
that dispatch estimates are just that. They are not guaranteed dispatch times
and
should not be relied upon as such. As we process your order, we will inform
you by e-mail if any products you order turn out to be unavailable.
Despite our efforts, a small number of products in our catalogue may be mispriced.
Rest assured, however, that we verify prices as part of our dispatch procedures.
If a products correct price is lower than our stated price, we charge the
lower amount and send you the product. If a products correct price is higher
than
our stated price, we will, at our discretion, either contact you for instructions
before dispatch or cancel your order and notify you of such cancellation.
8. Children
TBFShop.com does not sell products for purchase by children. We sell childrens
products for purchase by adults. If you are under 18, you may use TBFShop.com
only with the involvement of a parent or guardian.
9. Electronic communications
When you visit TBFShop.com or send e-mails to us, you are communicating with
us electronically. We communicate with you by e-mail or by posting notices
on the website. For contractual purposes, you consent to receive communications
from us electronically and you agree that all agreements, notices, disclosures
and other communications that we provide to you electronically satisfy any
legal
requirement that such communications be in writing. This condition does not
affect your statutory rights.
10. Losses
TBFShop.com will be responsible for any losses you suffer as a result of
us breaching these conditions if the losses were reasonably foreseeable to
both
you and us
when you commenced using the website, or a contract for the sale of goods
by us to you was formed. We will not be responsible for any business loss
(including
loss of profits, revenue, contracts, anticipated savings, data, goodwill
or wasted expenditure) or any other indirect or consequential loss that is
not
reasonably
foreseeable to both you and us when you commenced using the website or when
a contract for the sale of goods by us to you was formed. TBFShop.com does
not
limit in any way our liability by law for death or personal injury caused
from our negligence or breach of duty or caused by our gross negligence or
wilful
misconduct.
11. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these
Conditions of Use & Sale at any time. You will be subject to the policies and Conditions
of Conditions of Use & Sale in force at the time that you use the website
or that you order goods from us, unless any change to those policies or these
conditions is required to be made by law or government authority (in which
case it will apply to orders previously placed by you). If any of these conditions
is deemed invalid, void, or for any reason unenforceable, that condition
will be deemed severable and will not affect the validity and enforceability
of
any
remaining condition.
12. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our
obligations under these conditions if the delay or failure arises from
any cause which is
beyond our reasonable control. This condition does not affect your statutory
rights.
13. Waiver
If you breach these conditions and we take no action, we will still be
entitled to use our rights and remedies in any other situation where
you breach these
conditions.
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