TMS INSIGHT (DATA CAPTURE) ONLINE SHOP TERMS AND CONDITIONS
These online shop terms and conditions apply to all orders which you, the customer ("you" or "your"), place using this website "www.tmsinsight.com" ("Website"), operated by TMS Insight (Data Capture) Ltd. ("we" "us" or "our"). Please read them carefully before placing your order and print a copy for future reference.
By clicking on the "Checkout" button you accept and agree to be bound by these Online Shopping Terms and Conditions and such other policies included herein.
Orders for Delivery Outside the United Kingdom
Items for sale on this Website are directed solely at customers who access this Website from the United Kingdom (i.e. the island of Great Britain and Northern Ireland, excluding the Channel Islands and Isle of Man).
If you do order items for subsequent use outside the United Kingdom they may be subject to import duties and taxes. These are levied once the items reach the specified destination. You will be responsible for any such import duties and taxes. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Please note that for items you order through our Website you are considered the importer of record and must comply with all laws and regulations of the country in which the items are to be delivered. Please note that cross-border deliveries are subject to opening and inspection by customs authorities.
Whilst it is possible for clients to obtain compatible hardware from other suppliers TMS Insight reserve the right to levy a charge for installation of such hardware when it is to be used with TMS software. Furthermore, any compatibility issues as the result of sourcing hardware externally will remain the responsibility of the customer and will not be covered by a TMS Support Contract.
Colours, specifications and dimensions of products
We have made every effort to display the colours, specifications and dimensions of items on the Website as accurately as possible. However, we cannot guarantee that your monitor's display of any colour will reflect accurately the colour of the item delivered. We may from time to time vary the dimensions, specifications and quantities of items displayed on our Website without prior notice.
Availability of Items and Substitution
We accept orders for items subject to availability. If for any reason the items you ordered are no longer available, we will contact you using the contact details you supplied when placing your order and either offer you an alternative if this is possible; or cancel the item from your order and give you a full refund in respect of that item. If we are unable to contact you or do not receive a response from you, we will process any remaining items on your order and refund you for the items we were unable to supply.
Privacy and Communications
When you place your order, we collect certain personal and transactional information (e.g. name, address, email address, credit/debit card details). With the exception of PayPal this information will not be forwarded to any other organisation.
To fulfil our obligations to you under these Online Shopping Terms and Conditions we communicate with you by Email and by posting notices on the Website. You agree to receive communications from us electronically and that electronic communications will satisfy any legal requirement for communications to be in writing.
The contract between us
When you place an order to purchase items using our Website this is an offer by you to us to purchase those items. We will confirm receipt of your order by sending you an email summarizing the details of your order ("Order Confirmation Email"). We accept your order only when we send an Email confirming that we have despatched the items in your order ("Despatch Confirmation Email"). The contract between us is formed at the point we send the Despatch Confirmation Email in respect of those items mentioned in the Despatch Confirmation Email. If your order contained a number of items and the Despatch Confirmation Email mentions on some of them, those items which have yet to be despatched to you do not form part of that contract.
Products are invoiced in GBP sterling at the price prevailing at the time you place your order. Prices displayed on the Website exclude Value Added Tax which will be charged at checkout using the prevailing rate. Delivery is charged extra.
Although we try to ensure that all prices on the Website are accurate, errors may occur. If we discover an error in the price of items you have ordered, we will contact you as soon as possible. You will have the option of either reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled.
Prices displayed on the Website apply to online purchases only. They are not indicative of the price of identical items purchased direct by any other means. We reserve the right to update prices displayed on the Website from time to time.
You may pay for the items which you order online by supplying your credit/debit card details on the secure online order form. Whilst we can accept cheques or bank transfers clearance of payments by these methods will be required prior to despatch.
When you place your order our payment processing partner, PayPal, automatically asks your card issuer for authorisation for this amount. If we get a valid authorisation, your card issuer will hold this value expecting a charge from us. Receipt of your credit card details and debit of payments does not constitute our acceptance of your order.
Please note that we cannot guarantee the security of data when you send us by email. Accordingly please do not send us payment information using email. For details of the security measures we employ please read our Privacy Statement. Unless we are fraudulent or negligent we will not be liable to you for any losses caused as a result of unauthorised access to the personal and transactional information you provide us when placing an order.
Standard deliveries to UK addresses - These are made between Monday and Friday via Royal Mail Special Delivery, no specific date of delivery can be guaranteed.
Deliveries to addresses outside the UK – Currently we are not able to deliver outside the United Kingdom.
Please note that if you order a number of items for delivery to the same address, they may be despatched separately and we cannot guarantee delivery on the same day.
Delivery occurs when the items are delivered to the delivery address you specified when placing your order. At this point, responsibility for loss, breakage and damage passes to you. Ownership of items purchased does not pass to you until payment is received by us in full.
If you wish to cancel your order, please contact us on 01384 214950. As we try to process orders immediately it may not always be possible to prevent an order from being despatched. If your order has already been despatched you may return the items to us in accordance with our Returns Policy (below).
As soon as we receive notice of your cancellation of an item we will refund the relevant part of the purchase price for that item together with the item's normal postage charge.
Items damaged in transit
If you take delivery of a package from us and the contents have been damaged in transit, we will exchange the damaged items without charge to you provided you return the damaged item(s) to us within 30 days of taking delivery.
You have the right to return a faulty item within a reasonable period of time.
If we have sent you an incorrect item, please notify us on 01384 214950 as soon as possible and return the incorrect item to us and specify the correct details in writing. If you would like us to replace the incorrect item with the item you ordered we will send you the correct item as soon as possible. We will not charge you for the incorrect item and will reimburse your reasonable costs in returning it.
We will be responsible for any losses you suffer as a direct result of us breaching these Online Shopping Terms and Conditions if those losses were reasonably foreseeable to both you and us at the time the contract for the sale of items by us to you was formed (i.e. at the point we send the Despatch Confirmation Email to you). We will not be responsible to you or any third party for any business loss (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill) or any other loss or damage which does not result directly from our actions or the actions of our sub-contractors or agents, is consequential or was not reasonably foreseeable to both you and us when the contract between us was formed.
Our liability to you under these Online Shopping Terms and Conditions will not exceed the total price charged for the items purchased. Nothing in these online Shopping Terms and Conditions excludes our liability to you for personal injury or death caused by our negligence.
Events beyond our reasonable control
We will not be responsible to you for any delay or failure to comply with our obligations under these Online Shopping Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.
Alterations to this Website and Terms and Conditions
We reserve the right at any time to make changes to this Website, these online Shopping Terms and Conditions, Privacy Statement and such other policies as we may notify you of. You will be subject to the policies and terms and conditions in force at the time you use the Website or order items from the Website. Changes which we are required to make by law could apply to orders which you have already made. If any of the terms and conditions forming the contract between us are deemed invalid, void or unenforceable for any reason, it will be deemed severable and not affect the validity and enforceability of the remaining terms and conditions.
If you breach these online Shopping Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.
Governing law and jurisdiction
These online Shopping Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the non-exclusive jurisdiction of the English courts, as do we.
Please contact us:
Tel: Monday to Friday from 9.00am to 5.00pm (GMT/BST) 01384 214950