IMPORTANT – PLEASE READ CAREFULLY
These order terms ("Order Terms") apply to any order you place through www.tempestlondon.co.uk (the "Website").
These Order Terms apply regardless of how you access the Website irrespective of the technology or device that you have used.
You must read these Order Terms carefully and by accessing, browsing, or placing an order for any goods on the Website, you confirm that you have read, understood and agree to these Order Terms in their entirety.
If you do not agree with the Order Terms then you not place any order and should leave the Website.
ACCEPTANCE OF YOUR ORDER
Please note that completion of the online checkout process does not constitute our acceptance of your offer to purchase products or services from us. Our acceptance of your order will take place only when we dispatch the product(s) or commencement of the services that you ordered from us. Prior to dispatch of the product(s), Tempest has the right to decline an order for any reason, including legal and regulatory reasons.
We will notify you by email as soon as possible to acknowledge that we have received and are processing your order. The duration of our contract with you will start from when you order and we take payment and dispatch the products, until the last day of your right to cancel.
If we cannot supply you with the product or service you ordered, we will not process your order, inform you of this in writing (including email) and, if you have already paid for the product or service, refund you in full as soon as reasonably possible.
If the fulfilment of an order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, Tempest has the right to stop or cease to fulfil the order at any time, including after despatch of products and/or notification to you that the order has been received and is being processed. You acknowledge that Tempest shall incur no liability in such circumstances.
Tempest uses Wix Payments to process all payments on the Website.
By using the Wix Payments service you agree to any applicable terms and conditions of the Wix Payments service and Tempest shall not be liable for any issue or matter whatsoever arising from your use of Wix Payments to make a payment in respect of an order.
All products ordered will remain the property of Tempest until we have delivered the products to the address specified by you.
Tempest provides Delivery at no additional cost. Delivery will be to the UK address specified in your order.
All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order.
We shall be under no liability for any delay or failure to deliver products if the delay or failure is wholly or partly caused by circumstances beyond our control.
Due to customs, legal, regulatory and certain practical restrictions applicable to orders placed for international delivery, some of our products may not be available for delivery to certain destinations outside the UK. Tempest reserves the right to define what can and cannot be delivered to which destination.
Payment - Purchases will be made in Pounds Sterling. International credit card providers or banks will determine the exchange rate and may add an additional processing or administration charge in relation to such payment which international credit card holders will be liable to pay.
Tempest products are sold on a delivery duty unpaid basis. The recipient may have to pay import duty or a formal customs entry fee prior to or on delivery. Additional taxes, fees or levies may apply according to local legislation and customers are required to check these details before placing an order for international delivery.
Where applicable, it will be your sole responsibility to comply with any export controls or sanctions rules applicable to goods supplied to you.
Where the supply of your product(s) or service(s) is delayed or prevented for reasons beyond our control (for example, material shortages, import delays or higher than anticipated demand) we will make every effort to keep you informed but shall be under no liability to you for such delay or failure.
CHANGES TO YOUR ORDER
Any changes to your order must be notified to us in writing and within a reasonable time. If you amend or change your order you may find there are changes to your delivery timetable and / or the price you pay for the item (you will be charged the current selling price on the day you amend your order).
Your right to cancel
If you are contracting with us as a consumer online you have the right to cancel (under the Consumer Rights Directive 2011/83 as implemented in the applicable EU member state ("CRD")), all or part of your contract at any time up to 14 calendar days after the day on which you receive the goods or services you ordered. You will be responsible for the postage cost to return any goods to Tempest to the specified address below and the postage costs to return goods to Tempest will not be refunded. Tempest will process your refund with 14 days of receipt of the products, to the specified address. You must take reasonable care of the goods while in your possession and they must be returned to us in a saleable condition in the original packaging before we can issue your refund.
Specified Returns Address:
3 Hamilton Road
For further information about your statutory rights, contact your local authority Trading Standards department or consumer advice centre (for example the Citizen’s Advice Bureau if you are in the UK).
If you wish to cancel (or are considering cancelling) a product or service you have ordered from us, please be aware of the following terms that apply:
Damaged or incorrectly supplied products: You should check all products you receive against your order. If the products you receive are damaged or incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us (by post, phone or email only) within a reasonable period of time. You must return the products to us as soon as possible after informing us that the products are damaged or have been incorrectly supplied.
Damage during the course of returning products: If you choose to return any products to us, we will not be responsible for any loss or damage to them in transit and, for this reason, we recommend that you use a recorded delivery service. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.
Other cancelled products: If you want to cancel products that are not damaged or incorrectly supplied, then you must inform us of this within 14 calendar days the day after you receive the goods or services in accordance with the CRD or otherwise as soon as possible. You must take reasonable care of the products that you wish to cancel. Products should be returned in or with their original packaging.
Please consult with your local Citizens’ Advice Bureau or your Local Authority’s Trading Standards Office for any further information on the CRD.
In the case of damaged or incorrectly supplied goods, we may offer you a replacement product. Any refunds given by us will be made via the Wix Payments service and will be subject to our right to withhold amounts for products which are damaged on return.
We have taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all products have been fairly described. However, when ordering products or services through the Website, please note that:
orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Website;
all prices are displayed in pounds Sterling inclusive of UK VAT where applicable unless expressly indicated otherwise
packaging may vary from that shown on the Website;
the weights, dimensions and capacities shown on the Website are approximate only;
whilst we try to display the colours of our products accurately on the Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery
all items are subject to availability. We will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value.
There are certain liabilities which we cannot exclude by law and nothing in these Order Terms and Conditions limits our liability for personal injury or death caused by our negligence or for fraud.
You have certain rights as a consumer, including legal rights, for further information about your legal rights in the UK, contact your local authority Trading Standards Department or Citizen’s Advice Bureau. Nothing in these General Terms and Conditions will affect these legal rights and, in particular, we will perform our obligations under these General Terms and Conditions with reasonable care and skill.
Any products we supply to you will be of satisfactory quality. If we deliver a product to you that is not of satisfactory quality, you can contact us for a repair or replacement or, where this is not possible, for a refund.
We are only responsible for losses that are a natural, foreseeable consequence of our breach of these Order Terms. We will not be liable to you if we are prevented or delayed from complying with our obligations under these Order Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control.
You must follow any advice we give you to keep products we supply to you safe (including any instructions or product manuals provided with the products). We cannot accept liability for damage to products we have supplied which is caused by your failure to follow this advice.
In any event we will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption.
ASSIGNMENT, WAIVER AND THIRD PARTY RIGHTS
We may update or amend these Order Terms from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website.
You may not assign or sub-contract any of your rights or obligations under these Order Terms to any third party unless we agree in writing.
We may assign, transfer or sub-contract any of our rights or obligations under these Order Terms to any third party at our discretion.
No relaxation or delay by us in exercising any right or remedy under these Order Terms shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
If any of these Order Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Order Terms shall remain in full force and effect.
Only you and we shall be entitled to enforce these Order Terms. No third party shall be entitled to enforce any of these Terms of Sale, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
These Order Terms are governed by the laws of England and Wales and any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
[Version 1.0] [Issued on 23 July 2019]