TERMS & CONDITIONS
Your use of the services available on or through the Site www.thinkit.co.uk (the " Site ") is subject to the following terms and conditions. You must read them and if you do not agree to be bound by these terms and conditions you should not use or access the services on this Site. Your continued use of the services on this Site will constitute acceptance of these terms and conditions. We may amend these terms and conditions at any time by posting the amended terms and conditions on the Site. Such terms and conditions as varied will apply to all transactions after posting. These terms and conditions are effective as at 1 st December 2006. Think It Products Limited reserves the rights at any time to suspend or terminate your access to or use of the Site.
3. By accessing this Site, you agree that Think It Products Limited, its officers, employees, servants, agents, professional advisors, assignees and licensees will not be liable for any loss and/or damages whatsoever arising out of your use of the Think It Products Limited products or services, and in particular Think It Products Limited will not be liable for special, consequential or incidental damages or damages for loss of profits, loss of revenue, or loss of use, arising out of or in connection with this Site or the information or material contained in it, whether any claim is brought in contract, or tort (including negligence) or otherwise. Nothing contained in this disclaimer shall exclude Think It Products Limited from liability for death or personal injury caused as a result of its negligent acts or omissions. Your statutory rights as a consumer are reserved.
4. The copyright and the material contained in this Site belong to and remain the property of Think It Products Limited. Your access to it does not imply a license to reproduce, transmit and/or distribute this information in any form or by any means and you are not allowed to do so without Think It Products Limited's prior written consent
5. Think It Products Limited and its affiliated individuals may, from time to time, own, have positions or options in companies discussed on this Site and may also perform advisory services and/or have other relationships with those companies.
6. Although Think It Products Limited endeavours to choose useful link sites, it cannot ensure the quality or accuracy of the information they contain. Please use your own judgement.
7. Visitors agree to use the Site only for lawful purposes and are prohibited from posting on or through the web site any unlawful, harmful, threatening, abusive, harassing, defamatory or obscene material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
Ordering and Payment
8. Think It Products Limited only accepts payment by the following credit or debit cards (Visa, Visa Debit, Electron, MasterCard, Solo and Maestro/Switch).
9. All prices are shown in Pounds Sterling, Euros or US dollars depending on the country, which the customer resides. Price and availability are subject to change without notice. You agree that we may issue you with invoices in electronic form by email.
10. All payments must be made to Think It Limited's agents, The Producers Limited who process the credit card payments on behalf of Think It Limited and will be shown as such on your invoice. All payments are handled securely by The Producers Limited on our behalf. Payment will be debited from your card before the dispatch of the goods you have purchased. Upon processing a transaction, Think It Products Limited will issue you with an electronic transaction receipt, which will be sent to the email address you provide.
11.Think It Products Limited only holds your credit or debit card details to the extent necessary to pass on such information to it's secure processing company The Producers Limited.
Despatch, delivery and postage, and cancellation
12. Postage and Packaging costs will vary depending on where you are in the world.
The postage costs are split into 3 main regions:
UK, Europe (both EU and non-EU together), and Rest of the World (including USA Japan, Australia etc)
Please refer to the shopping cart for current postage rates.
13. We will begin supplying the goods you have ordered to you as soon as you have placed an order and we have received payment in cleared funds. You will have the right to cancel any order under the Consumer Protection (Distance Selling) Regulations 2000 or any equivalent legislation in your jurisdiction for any reason provided that you do so within seven working days after the day on which you receive the goods and provided that in the case of audio or video recordings or computer software you have not broken the seal on the packaging of the product concerned . Notice of cancellation must be in writing and must be sent to us by post, fax or email to the address set out below and marked for the attention of Think IT Customer Services, 2 Stonehill, Huntingdon, Cambs, PE20 6ED, United Kingdom for postal cancellations, or email email@example.com
14. We aim to dispatch items within 24 hours from receipt of your order and clearance of your payment. We will inform you by email when items are dispatched.
15. Please allow up to 28 days for receipt of your order and clearance of your payment for delivery. If we are unable to deliver your order within 28 days we will contact you to advise you or this. You will then have three options: to cancel the order and receive a full refund; to agree a substitution of the goods you order; or to accept a later delivery date. Think It Products Limited will contact you by email to arrange this. In the case of non-delivery please wait 7 working days for UK orders, 28 days for overseas from the date of your "your order has been dispatched" email in case it has simply been delayed.
16. We make every effort to ensure your purchase reaches you in perfect condition. Any item damaged or faulty and returned as per paragraph 19, will be either replaced or provide a refund.
*Important - Customs & Duty*
17. Please note that all shipments outside the EU may be subject to import duties and taxies, which are levied once a shipment reaches that country. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you may want to contact your local customs office for further information. You agree to indemnity us in full in respect of any such duties and taxes
Returns and refunds policy
18. In the event that any items are lost or damaged in transit, please contact us
immediately via email at firstname.lastname@example.org or by telephone on UK 0845 234 1452,
International +44 1480 376 902.
19. In the case of items received damaged or faulty please retain the items and contact us within 24 hours of receipt, on contact we will provide you with a Returns Authorisation Number which must be quoted on the returned goods. We will ask you to return the damaged or faulty goods to us straight away. Upon receipt of the goods if they are damaged or faulty goods they will be either exchanged or we will provide a refund of the cost of the items. In either case we will reimburse you the cost of returning the faulty or damaged goods and we will pay the cost of delivering any replacement item to you.
20. In all other cases you have the right of cancellation referred to in paragraph 15 above. We will refund the monies to you (including delivery charges) as soon as possible but in any event within 30 days of receipt of your cancellation notice. If you do not send a valid notice of cancellation within the required time limit a refund will thereafter only be given strictly at the discretion of Think It Products Limited. Your statutory consumer rights are not affected.
21. Return postage is the responsibility of the customer but will be refunded if items are faulty. You are required to keep the item(s) in good condition. All returned items must be in a good saleable condition so should be covered by some form of postal/delivery insurance. Think It Products Limited accepts no responsibility for returned items lost or damaged in transit to us.
22. If you fail to return the goods following a valid cancellation of your contract with us then we have the right to deduct the cost of us recovering the item(s) from you out of any refund that may be due to you.
23. Refunds will be made by crediting the credit or debit card that you used for the original order.
Limitations of Liability
24 . No Warranty
We (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Our Site and our services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties so the foregoing disclaimer may not apply to you.
25 . Limitation of Liability
Nothing in these terms and conditions shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our, agents or employees. Subject to the foregoing, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect of consequential damages (however arising, including negligence) arising out of or in connection with this agreement or your use of the Site. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you.
26. We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
27. Our liability to you or any third party, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, in any circumstance is limited to the greater of (a) the total sum you have paid to us in relation to the goods ordered by you giving rise to liability, and (b) £100.
28 . Indemnity
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement (including the documents incorporated by reference) or your violation of any law or the rights of a third party.
29. Unless otherwise explicitly stated, notices to us must be sent by registered mail to Think It Products Limited, attention of Think It Customers Services at 2 Stonehill, Huntingdon, Cambs, PE20 6ED, United Kingdom and notices to you will be sent to the email address that you provide to us during the ordering process (receipt is deemed 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail.
Applicable Law, Jurisdiction and Miscellaneous
30. These terms & conditions of use shall be construed and interpreted in accordance with English Law. The courts of England and Wales shall have exclusive jurisdiction in relation to any claim, dispute or other matters arising therefrom. For the exclusive benefit of Think It Products Limited, it shall retain the right to bring proceedings in the courts of the country of residence of any user of the Site.
31. If any provision of these terms & conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms & conditions, which shall continue to have full force and effect.
32. These terms are not intended to confer any benefit on a third party under the provision of the Contracts (Rights of Third Parties) Act 1999.
33. The failure of Think It Products Limited to exercise any right or remedy under these Terms & Conditions shall not constitute a waiver of that right or remedy.
Think It Products Limited is a limited company registered in England and Wales under number 5427348 and with its registered office at Holed Stone Barn, Stisted Cottage Farm, Hollies Road, Bradwell, Braintree, Essex CM77 8DZ.
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