TINKTURE ONLINE TRADE TERMS & CONDITIONS
These terms of sale apply to our website. By accessing this website and/or placing an order you agree to be bound by the terms and conditions set out below. Before placing an order, if you have any questions relating to these terms and conditions please email us at :- hello@wearetinkture.com
1.1 THE WEBSITE, TINKTURE® & YOU
This website is operated by Tinkture Ltd., whose registered office address is Trelay, Penwartha road, Bolingey, Cornwall, TR6 0DH, England. Our company registration number is 10869623 (England). Our contact is accounts@tinkture.com .
References to “we”, “us” and “our” refer to TINKTURE® Ltd. References to “you”, and “your” refer to those placing an order via this website.
1.2 CONTRACT INFORMATION
These terms of sale apply to products brought via www.wearetinkture.com
These terms and conditions do not affect your statutory rights.
Your placement of an order on our website is an offer by you to purchase the goods selected in your order.
We may accept your order at our discretion. This means that if products are shown on the site but are incorrectly priced, incorrectly described or not available we shall not be obliged to sell you those products.
Once you have placed an order we will send you a confirmation that your order has been received but this is not a confirmation that your offer to purchase the goods has been accepted. A contract between you and TINKTURE Ltd. for the sale of our products will only exist once an order has been accepted, processed and dispatched to you.
We reserve the right to change these terms of sale from time to time without notice to you.
1.3 CONFORMITY OF PRODUCTS
We take every care to ensure that the description and specification of our products are correct. However, specifications and descriptions of products are only intended to give a general description of the products and are not intended to be binding.
1.4 PAYMENT
Payment can be made by any of the options advertised on our website. Once we have received your order, we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfill the order transaction. Your card will be debited once the order has been approved. Items will not be dispatched until this pre-authorization check has been completed.
Cards are subject to validation checks and authorization by your Card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery
If payment fails your order will be cancelled.
Please see our Privacy Statement to understand how your purchasing data is handled.
1.5 DELIVERY
1.5.1 CHARGES AND TIMINGS
Delivery charges are calculated by weight and are available at Checkout before proceeding to payment.
Orders must be completed by 1pm for deliveries to be made within two to three working days. For example, if you would like your order to arrive on Wednesday or Thursday, you must place your order before 1pm on the previous working day, Monday
We do not offer a Saturday or Sunday delivery service.
We do not process orders during the weekend or holiday period. For example, if you place an order on Saturday or Sunday, it will be processed on Monday (excludes bank holidays).
Unfortunately we do not currently ship to areas outside of the UK.
1.5.2 DELIVERY INSTRUCTIONS
If you/selected recipient, is not at home to accept delivery, our couriers will try deliver twice, leave the order with your neighbour/s or ask you to collect from the courier depot (cards will be left to acknowledge and instruct in any of these cases). Please note that orders may be shipped in multiple boxes, so please be aware of how many boxes you are signing for before accepting the delivery.
Ownership of an item will not pass to you until we have delivered the item to you (either directly, or by leaving it in a safe place or with a neighbour). When an item is delivered the risk of damage to or loss of the item passes to you.
1.5.3 HELP US HELP YOU
When processing your order please supply the mobile number of the recipient so you can best track your order. This will help the courier to find you should you not be in or in the case of remote and hard to find addresses. Please also add any delivery requirements/requests in the relevant section when processing your order.
1.6 CANCELLATIONS, RETURNS AND REFUNDS
1.6.1 YOUR RIGHT OF CANCELLATION
You have the right to cancel your order with us at any time up to 1pm on the day of purchase. For orders placed after 1pm, you can cancel your order up to 1pm on the following working day. To cancel your order within this time frame you must notify us in writing by sending an email to hello@tinkture.com .
Should you wish to cancel your order after the products have been delivered to you, you will be responsible for returning the goods to us at your own cost unless the goods are faulty. Please follow our returns procedure. You will be credited for the products within 30 days of receipt by us provided that the goods are returned complete, in perfect condition, unused, and with original packaging.
1.6.2 RETURNS POLICY
If you are not entirely delighted with the products that you have chosen you may return them to us within 10 days of receipt. We will be more than happy to offer you an exchange or, if you wish, a refund provided that the products are returned complete, un-opened (bottle), in perfect condition, unused and with the original packaging. You will be responsible for returning the goods to us at your own cost unless the goods are faulty.
1.6.3 RETURNS PROCEDURE
For all returns, except where the item is faulty or we have delivered the wrong item, you will be required to pay for the return of the products to us.
Before returning any product please send an email to hello@wearetinkture.com to make us aware of your wish to return product.
To return any products to us, please pack the items back in the parcel and send it back to:
Attn: TINKTURE Ltd., 45 Queen Street, Penzance, Cornwall, TR18 4BQ, England.
When returning items please confirm if you would like a refund or a replacement. We strongly recommended you obtain proof of posting, as we cannot accept responsibility for parcels lost in transit.
1.6.4 FAULTY PRODUCT
In the unlikely event of you receiving a faulty product you should notify us in writing via hello@wearetinkture.com within 10 days of delivery. The goods should be returned to us in line with our returns instructions. Once we have received the goods back we will verify the fault. If the fault is verified we will either:
- Replace with the same item;
- Refund in line with our refund policy.
If the goods you have returned are not found faulty the goods will be returned to you at your cost.
1.6.5 ITEMS DAMAGED DURING DELIVERY TO YOU
Our products are packed with care and consideration. In the unlikely event that any TINKTURE Ltd. product arrives damaged, we suggest you refuse delivery and contact us in writing via hello@wearetinkture.com to explain the fault. We will then arrange for a replacement delivery ASAP.
If you accept delivery and then wish to contact us regarding damaged TINKTURE Ltd., you will need to provide us with the following information, by email to hello@wearetinkture.com , within 48 hours of delivery:
a. Photographic evidence of the broken product, making the quantity and product itself clear
b. Your order number
c. Details of the product names, and quantities broken
d. Whether you would like a replacement or refund
Failure to do so may affect any claims that you make thereafter.
Once the fault is verified we will either:
Replace with the same item;
Refund in line with our refund policy.
1.6.6 WRONG ITEM DELIVERED
If, by mistake we supply you with the incorrect item you must notify us within 10 days. The goods should be returned to us in line with our returns instructions, detailed under ‘Returns procedure’ below. Once we have received the goods back we will confirm that it is in fact an incorrect item and either:
Replace with the correct item;
Refund in line with our refund policy.
1.6.7 EXTRA ITEMS DELIVERED
If, by mistake we supply you with extra items you must notify us immediately. Goods should be returned to us in line with the returns procedure, if you do not adhere to this procedure and are found to be in possession of goods that you have not paid for, you may be charged for the goods.
1.6.8 REFUND POLICY
If you are eligible for a refund, we will refund the card used to pay for your original order. Please note that it is your responsibility to notify us of any changes to your card details i.e. you no longer have that account. We aim to action all eligible refunds within 7 working days from receipt of the returned goods, although the refund may take up to 30 days at the busiest times.
1.7 CUSTOMER COMPLAINTS
Any Customer complaints should be addressed to Tinkture Ltd at hello@wearetinkture.com or in writing to - Attn: TINKTURE Ltd., 45 Queen Street, Penzance, Cornwall, TR18 4BQ, England.
1.8 DISCLAIMER & LIMITATIONS OF LIABILITY
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with these Conditions for:
any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
any loss of goodwill or reputation; or
any loss which was not brought to the attention of us at the time the contract was made or any loss that would be an unforeseeable consequence of a breach of the contract by us; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred, was suffered or incurred by one of us arising out of or in connection with the provisions of any matter under these Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
To the fullest extent permitted by law and save as provided above, we shall not be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or in negligence (whether on the part of TINKTURE Ltd. or any of its members, agents, directors, employees or otherwise) for any indirect special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of this website, the supply of the products or their use or resale by you.
The limitations of liability in these conditions shall apply equally for the benefit of us and any other associated company.
While we use reasonable endeavours to ensure that the information on this website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and we will not be responsible for any errors or omissions or for the results arising from the use of such information.
While we take all reasonable steps to ensure a fast and reliable service, we do not guarantee that your use of this website will be interruption or error free and will not be responsible for any disruption, loss of or corruption of any data in transit.
We will not be responsible nor liable for your use of any other websites which you may access via links within this website. We do not control these websites and is not responsible for their content. Any such links are provided merely as a service to users of this website and their inclusion in this website does not constitute an endorsement by or affiliation with us.
The entire liability of us under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products, except as expressly provided in these conditions.
We will not be liable to you or be deemed to be in breach of these terms and conditions or any other contract with you by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond its reasonable control.
We may assign or transfer any rights or sub contract any of its obligations under these terms and conditions to any third party. You may not assign or transfer any of your rights or subcontract any of your obligations under these terms and conditions except with the specific permission in writing of TINKTURE Ltd..
No person who is not a party to these terms and conditions shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.
1.9 LINKING POLICY
You may link to this website if you wish without our permission but you must link to the homepage and not deep link into the site. You may also use any information contained in this website as long as you have our permission and in addition acknowledge our ownership.
However if you do link to our website you agree that you will indemnify us in full if any action is taken against us by any third party, or even by you, by virtue of the link you have created. If you do link to this web site, any use is the subject of these Terms and Conditions.
1.10 COPYRIGHT & TRADEMARK
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us. You are permitted to use this material only as expressly authorised by us.
You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of material and content of the website is strictly prohibited. You agree not to (and agree not to assist or facilitate a third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Title to the website (both legal and equitable) is and shall at all times remain with TINKTURE Ltd. and you shall keep the website free of all charges, liens and encumbrances and protect it from any and all judicial process.
Title to the content and/or materials (both legal and equitable) is and shall at all times remain with TINKTURE Ltd. and you shall keep the content and/or materials free of all charges, liens and encumbrances and protect it from any and all judicial process.
TINKTURE Ltd. grants to you a non-exclusive non-transferable licence to use the website and unless expressly permitted in writing by TINKTURE Ltd., you are not permitted to sub-licence any rights which may from time to time be granted in writing by TINKTURE Ltd. to any third party. You agree that you will not yourself, or through a third party:
Copy the website and/or content and/or materials except as is necessary for use of the website. In the event that you make any copies of the website, you shall reproduce all proprietary notices on such copies;
Reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the website except as permitted by law;
Sell, lease, license, transfer or sub-license the website, content and/or materials;
Write or develop any derivative or other software programs based, in whole or in part upon the website, content and/or materials belonging to TINKTURE Ltd.
1.11 PROTECTING YOUR SECURITY
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected.
During security checks we may ask for additional information or documentation to help support the data you supplied.
All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
1.12 PRIVACY POLICY
Find our full Privacy Statement here.
If you have any enquiries relating to data which is held you should contact hello@wearetinkture.com.
TINKTURE Ltd. only use personal information for the purpose for which it was given to TINKTURE Ltd. and in connection with the business or permitted by law. TINKTURE Ltd. will collate the information which you provide. By giving TINKTURE Ltd. this information, you consent to the use of it in order to process your order to process your order and inform you about its progress.
TINKTURE Ltd. will ensure that it has appropriate technical and organisational measures in place against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data held or processed by it and that it has taken reasonable steps to ensure the reliability of any of its staff who have access to personal data processed in connection with the website.
1.13 SEVERANCE
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
1.14 SURVIVAL
Each provision of these Terms of Sale shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
1.15 GOVERNING LAW & JURISDICTION
These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.
NEED MORE HELP?
Should you require further information regarding our delivery options, please contact us at hello@wearetinkture.com with your query or concern and we will respond as soon as possible. We suggest you leave your telephone number for further expediency of any request.
