IMPORTANT NOTICE: the Goods supplied by the Company are intended for sports and martial arts purposes. The Goods are NOT weapons. It is the sole responsibility of the Customer to ensure that they are used in accordance with normal sporting practice and in a safe manner. Customers should seek appropriate advice and training prior to using the Goods. The Company shall not be held liable for any loss or damage directly or indirectly sustained by inappropriate use of the Goods.
These are the Conditions of supply of Goods (as defined at condition 1.1).
1.1 In these conditions the following terms shall have the following meanings unless the context otherwise requires:
“Company”means tigersden Ltd, a company incorporated under the Companies Act 2006 in Scotland (registered number SC457938), having its registered office at 30 & 34 Reform Street, Dundee, DD1 1RJ;
“Customer”means the person, firm, company or unincorporated association who purchases the Goods from the Company;
“Customer’s Address”means the address which the Customer records on the order form which shall form part of the Contract, of which the Company has been provided sufficient evidence is the Customer’s address in order for the Company to be compliant with appropriate legislation or licensing conditions (as amended from time to time);
“Conditions”means the terms and conditions set out in this document;
“Contract”means any contract between the Company and the Customer for the supply of Goods to the Customer, incorporating these Conditions;
“Delivery Date”when the Company (or its carrier) deliver the Goods this means the date when the Goods are delivered to the Customer’s Address, as accepted by the Company;
“Goods”subject to condition 3 (eligibility), means any goods agreed in the Contract to be supplied to the Customer by the Company (including any part or parts of them);
“Price”means the price of the Goods ascertained in accordance with the Company’s price list and/or pricing information as at the Delivery Date or deemed Delivery Date. 1.2 A reference to a particular law is a reference to it as it is in force for the time being, taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.3 Words in the singular include the plural and in the plural include the singular.
1.4 A reference to one gender includes a reference to the other gender.
1.5 Condition headings do not affect the interpretation of these conditions.
2 Application of Terms
2.1 These Conditions shall apply to all contracts for the sale of Goods by the Company to the Customer to the exclusion of all other terms and conditions, including any terms or conditions which the Customer may purport to apply under any purchase order, confirmation of order or similar document.
2.2 Any order for Goods shall be deemed to be an offer by the Customer to purchase Goods pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Customer's acceptance of these Conditions.
2.4 These Conditions apply to all the Company’s sales and any variation to these Conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed for and on behalf of the Company by a director. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in writing. Nothing in this condition shall exclude or limit the Company’s liability for fraudulent misrepresentation.
2.5 No order placed by the Customer shall be deemed to be accepted by the Company until an acknowledgement of order is issued by the Company or (if earlier) the Company delivers the Goods to the Customer. Orders are accepted conditional on:
2.5.1 the Company being provided with satisfactory evidence that the Customer is over 18 years of age and the Customer shall provide identification documents in accordance with condition 3 if requested by the Company;
2.5.2 the Company being able to secure the necessary materials, and without responsibility for delays caused as a result of manufacture or other factors out-with the Company’s control.
2.6 The Customer shall ensure that the terms of the order and any applicable measurements and/or specifications relating to the Goods are complete, accurate and may be relied upon.
2.7 Any quotation is given on the basis that no contract shall come into existence until the Company acknowledges the order to the Customer. Any quotation is valid for a period of 30 calendar days only from its date, provided that the Company has not previously withdrawn it.
3.1 Supply of Goods are not available to persons under the age of 18 years or to anyone who is unable to supply identification in accordance with condition 3.2. If you enter into a Contract with the Company on behalf of a business entity you represent that you have the authority to bind that entity to the Contract or you shall be deemed to enter into the Contract on your own behalf.
3.2 In accordance with condition 3.1 the Customer shall provide the following identification before a Contract may be entered into with the Company at the Company’s request:
3.2.1 one form of photographic identification (including, but not limited to, passports and driving licences);
3.2.2 one form of identification providing evidence of the Customer’s residential address, the identification not to be dated more than 3 months from the date that the document is provided to the Company;
3.2.3 if you act on behalf of a company, partnership or other legal entity (other than a person) then you should provide the identification referred to in 3.2.1 and 3.2.2 for the director, partner, trustee, officer, member or other principal who deals with the Company;
3.2.4 in relation to a company or limited liability partnership an annual return and articles of association.
3.3 The Company may require existing Customers to provide up-to-date identification at any time and this shall be at the absolute discretion of the Company.
4 Description of Goods
4.1 The quantity and description of the Goods shall be as set out in the Company’s quotation or acknowledgement of the Customer’s order. The Customer is deemed to be aware by reading and accepting these Conditions that all items made by the Company are handcrafted from natural materials and therefore may differ slightly from those illustrated.
4.2 All drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company’s advertising material are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract. This is not a sale by sample
5 Delivery and Performance
5.2 Unless otherwise agreed by the Company, delivery of the Goods shall take place by the Company delivering the Goods to the Customer’s Address. The Company shall have no obligation under clause 32(2) of the Sale of Goods Act 1979.
5.3 Any date(s) specified by the Company for delivery of the Goods are intended to be an estimate and time of delivery shall not be of the essence of the Contract, nor shall it be made of the essence by notice. If no dates are so specified, delivery and/or performance shall be within a reasonable time. A reasonable time shall depend upon the circumstances of each case and in particular, if the Goods are being delivered to an international address or are likely to be held in customs (or the equivalent government department) of the Customer’s state of residence.
5.4 Subject to the other provisions of these Conditions, the Company shall not be liable for any direct or indirect loss (which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods, nor shall any delay entitle the Customer to terminate or rescind the Contract.
5.5 If for any reason the Customer fails to accept delivery of any Goods when they are ready for delivery, or the Company is unable to deliver the Goods on time because the Customer has not provided appropriate instructions, documents or authorisations:
5.5.1 risk in the Goods shall pass to the Buyer (including for loss or damage caused by the Company’s negligence);
5.5.2 the Company may store the Goods until actual delivery, whereupon the Customer shall be liable for all reasonable costs and expenses (including, without limitation, storage and insurance); or
5.5.3 the Company may sell the Goods at the best price readily obtainable and charge the Customer for the shortfall between that price and the Price under the Contract.
5.6 The Customer shall be responsible for ensuring that the delivery of the Goods abides by the legal requirements of the region, country or state to which the Goods are to be delivered. The Company shall not be held liable for any violation of national or international laws caused by the delivery of the Goods to the Customer’s Address. Neither shall the Company be liable if the Goods are confiscated by a national regulator or authority or the relevant country’s customs and excise.
6 Non-Delivery, Cancellation and Liquidated Damages
6.1 The quantity of Goods as recorded by the Company, or its courier, on despatch from the Company’s place of business shall be conclusive evidence of the quantity received by the Customer on delivery unless the Customer can provide conclusive evidence proving the contrary.
6.2 The Company shall not be liable for any non-delivery of Goods unless the Customer gives written notice to the Company of the non-delivery within 48 hours of the date when the Goods would in the ordinary course of events have been received.
6.3 No claim shall be considered for damage or shortage where a clear signature has been given to the carrier acknowledging receipt of the Goods.
6.4 Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time.
6.5 The Company reserves the right to refuse cancellations. Cancellations will not be accepted in the case of Goods ready for delivery or in the process of manufacture without the prior agreement of the Company. The Customer and the Company accept the following provisions as a fair and reasonable pre-estimate of the liquidated damages payable to the Company in the event of the Customer breaching the Contract by cancellation of any order, in whole or in part:
6.5.1 10% of the price of the cancelled Goods in respect of Goods which are usually held in stock by the Company provided the Goods have not been used and are in perfect, marketable condition;
6.5.2 50% of the price of the cancelled Goods in respect of Goods which are non-stock items ordered at the Customer’s request provided the Goods subject to the cancellation have not been used and are in perfect, marketable condition;
6.5.3 100% of the price of cancelled Goods in respect of any one-off or specially manufactured Goods made to the Customer’s specification, and goods which are not in perfect, marketable condition and therefore incapable of resale at a value equivalent to the Price; and
the Customer undertakes to pay the relevant amount of liquidated damages on demand by the Company.
7.1 The risk of damage to or destruction of the Goods shall pass to the Customer from the time of delivery as determined by condition 5.
7.2 Notwithstanding delivery and the passing of risk in the Goods, ownership of the Goods shall not pass to the Customer until the Company has received in full, all sums due to it in respect of:
7.2.1 the Goods under the Contract; and
7.2.2 all other sums which are or which become due to the Company from the Customer on any account or contract with the Company.
7.3 Until ownership of the Goods has passed to the Customer, the Customer shall:
7.3.1 hold the Goods as the Company’s fiduciary agent;
7.3.2 store the Goods (at no cost to the Company) separately from all other goods of the Customer or any third party in such a way that they remain readily identifiable as the Company’s property;
7.3.3 not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and
7.3.4 maintain the Goods in satisfactory condition and keep them insured on the Company’s behalf for their full Price against all risks to the reasonable satisfaction of the Company. On request, the Customer shall produce the policy of insurance to the Company.
7.4 The Customer’s right to possession of the Goods shall terminate immediately:
7.4.1 upon the occurrence of any of the events listed at condition 12; or
7.4.2 if the Customer fails to observe or perform any of its obligations under the Contract or any other contract between the Company and the Customer; or
7.4.3 if the Customer purports to encumber or in any way charges any of the Goods.
7.5 The Company shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Company.
7.6 The Customer grants the Company, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Customer’s right to possession has terminated, to recover them.
7.7 Where the Company is unable to determine whether any Goods are the goods in respect of which the Customer's right to possession has terminated, the Customer shall be deemed to have sold all goods of the kind sold by the Company to the Customer in the order in which they were invoiced to the Customer.
7.8 On termination of the Contract, howsoever caused, the Company’s (but not the Customer's) rights contained in this condition 7 shall remain in effect.
8.1 Unless otherwise agreed by the Company in writing, the Price for the Goods shall be the Company’s quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price set out in the Company’s list price published on the date of delivery or deemed delivery in accordance with condition 5.
8.2 Notwithstanding the terms of condition 8.1, the Company reserves the right, by giving written notice to the Customer at any time before delivery, to increase the Price of the Goods to reflect any increase in the cost to the Company which is due to any factor beyond the control of the Company (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase on the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by the Customer, any clerical, administrative or arithmetical error in the Contract or any delay caused by any instructions of the Customer or failure of the Customer to give the Company adequate information or instructions.
8.3 The price for the Goods shall be exclusive of (a) any value added tax and all other taxes, duties or levies, whether local or national; and (b) all costs or charges in relation to packaging, loading, unloading, carriage and insurance, all of which amounts the Customer shall pay in addition when it is due to pay for the Goods. The price shall be subject to the addition of value added tax at the rate prevailing at the date of the Company’s invoice.
The following is subject to conditions 9.6 and 12.2, and the Customer’s attention is drawn to those conditions:
9.1 Payment of the Price for supply of Goods is payable in pounds sterling either:
9.1.1 prior to commencement of works by the Company in relation to the Goods; or
9.1.2 prior to shipment of the Goods to the Customer,
the Company shall advise the Customer whether payment is due pursuant to clause 9.1.1 or 9.1.2 in relation to each Contract which the Customer enters into with the Company. Payment shall be made in accordance with the above notwithstanding that ownership of the Goods has not passed to the Customer under condition 7.
9.2 Time for payment shall be of the essence.
9.3 The Company shall not be obliged to accept deposits or installments of the Price. The Price shall be paid in full on the date specified in accordance with condition 9.1.
9.4 No payment shall be deemed to have been received until the Company has received full payment in cleared funds.
9.5 The Customer shall be liable to the Company for all expenses reasonably incurred by the Company in recovering payment from the Customer, including the fees of the Company’s advisers.
9.6 All payments prospectively payable to the Company under the Contract shall become due immediately on its termination, or on the termination of any other contract between the Customer, or any person associated with the Customer, and the Company, notwithstanding any other provision.
9.7 The Customer shall make all payments due under the Contract in full without any deduction whether by way of retention, set-off, counterclaim, discount or otherwise unless the Customer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Customer.
9.8 If the Customer fails to pay the Company any sum due under the Contract, the Buyer shall be liable to pay interest to the Company on such sum from the due date for payment at the annual rate of 2% above the current base rate from time to time of the Bank of England, accruing on a daily basis until payment is made, whether before or after any judgment. The Company reserves the alternative right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
9.9 Failure to make payment for the supply of Goods by the due date will entitle the Company to delay, suspend or cancel further deliveries, and all amounts outstanding will become payable on demand.
10.1 The Company warrants that (subject to the other provisions of these Conditions) on delivery the Goods shall:
10.1.1 be of satisfactory quality within the meaning of the Sale of Goods Act 1979;
10.1.2 be reasonably fit for purpose;
10.1.3 be reasonably fit for any particular purpose provided that before the Contract is made:
10.1.3.1 the Buyer has made known that purpose to the Company in writing; and
10.1.3.2 the Company have confirmed in writing that using the Goods for that purpose is reasonable.
10.2 The Company shall not be liable for a breach of the warranty in condition 10.1, unless the Customer gives written notice of any defect to the Company, and if the defect is as a result of damage in transit, to the carrier, in either case within 48 hours of the time when the Customer discovers or ought to have discovered the defect and the Company is given a reasonable opportunity to inspect such Goods (and the Customer returns them to the Company’s place of business if asked to do so, for the examination to take place).
10.3 The Company shall not be liable for a breach of the warranty in condition 10.1 if:
10.3.1 the Customer makes further use of such Goods after giving such notice in a way which is commensurate with the Customer accepting ownership of the Goods; or
10.3.2 any defect arises because the Customer failed to follow the Company's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or good trade practice; or
10.3.3 any defect arises from fair wear and tear or owing to the Customer’s negligence, misuse or abnormal working conditions or using the Goods in a manner which is not commensurate with the due care to be taken in relation to Goods produced of natural materials; or
10.3.4 the Customer alters or repairs the Goods without the prior written consent of the Company; or
10.3.5 the total price for the Goods has not been paid by the due date for payment.
10.4 Subject to condition 10.2 and condition 10.3, if any of the Goods do not conform with the warranty in condition 10.1, the Company shall at its option repair or replace such Goods (or the defective part). The Customer is deemed to be aware that the Goods provided by the Company are handcrafted and made of natural materials. Such materials cannot be guaranteed to be free from latent structural defects. If the Customer has reason to believe that damage to the Goods resulted from such latent defect the Goods shall be delivered to the Company (at the Customer’s expense) for examination. If the Goods are found to suffer from such a defect the Goods will be replaced at the discretion of the Company.
10.5 If the Company complies with condition 10.4, it shall have no further liability for a breach of the warranty in condition 10.1 in respect of such Goods.
11 Limitation of Liability
11.1 Subject to conditions 5, 6 and 10, the following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer in respect of:
11.1.1 any breach of these Conditions;
11.1.2 any use made or resale by the Customer of any of the Goods, or of any product incorporating any of the Goods; and
11.1.3 any representation, statement or delictual act or omission including negligence arising under or in connection with the Contract.
11.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
11.3 Nothing in these Conditions excludes or limits the liability of the Company:
11.3.1 for death or personal injury caused by the Company's negligence; or
11.3.2 for defective products under the Consumer Protection Act 1987; or
11.3.3 for fraud or fraudulent misrepresentation; or
11.3.4 for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability.
11.4 Subject to conditions 11.2 and 11.3:
11.4.1 the Company's total liability in contract, delict (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Price;
11.4.2 the Company shall not be liable to the Customer for loss of profit, loss of business or depletion of goodwill, in each case whether direct or indirect or consequential, which arise out of or in connection with the Contract; and
11.4.3 the Company shall not be liable to the Customer or any third party for personal injury which results from the Customer or such third party using the Goods as a weapon. The Goods have a specific use in martial arts training and are not intended to be used as weapons.
12 Insolvency of Customer
12.1 This condition 12 applies if:
12.1.1 the Customer makes a composition or voluntary arrangement with its creditors or (being an individual or firm) becomes sequestrated or bankrupt or (being a company) enters administration or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction), or a moratorium comes into force in respect of the Customer (within the meaning of the Insolvency Act 1986); or
12.1.2 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer; or
12.1.3 any other proceedings are commenced relating to the insolvency or possible insolvency of the Customer;
12.1.4 the Customer ceases, or threatens to cease, to trade or carry on business; or
12.1.5 the Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
12.2 If this condition applies then, without limiting any other right or remedy available to the Company, the Company may cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
13.1 The Company may assign the Contract or any part of it to any person, firm or company.
13.2 The Customer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.
14 Circumstances outwith the Company’s control
The Company reserves the right to defer the date of delivery or to cancel the Contract or to reduce the volume of the Goods ordered by the Customer (without liability to the Customer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), power failure or breakdown in machinery or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 90 days, the Customer shall be entitled to give notice in writing to the Company to terminate the Contract.
15.1 Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
15.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
15.3 Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
15.4 Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Customer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
15.5 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by Scots law and the parties submit to the exclusive jurisdiction of the Scottish courts.
16.1 All communications between the parties about the Contract shall be in writing and may be delivered by hand or sent by pre-paid first class post or sent by fax:
16.1.1 (in case of communications to the Company) to its registered office or such other address as shall be notified to the Customer by the Company; or
16.1.2 (in the case of the communications to the Customer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Customer set out in any document which forms part of the Contract or such other address as shall be notified to the Company by the Customer.
16.2 Communications shall be deemed to have been received:
16.2.1 if sent by pre-paid first class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or
16.2.2 if delivered by hand, on the day of delivery; or
16.2.3 if sent by fax on a working day prior to 4.00 pm, at the time of transmission and otherwise on the next working day.
16.3 Communications addressed to the Company shall be marked for the attention of the managing director.
17 Use of Information
The Company shall process and store all information it obtains about the Customer in a manner consistent with the principles of the Data Protection Act 1998
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These terms and conditions (the “Terms and Conditions”) govern your use of the www.tigers-den-swords.com website (the “Website”) and your relationship with the owner and operator of the Website, Tigersden Limited (company number SC457938) (referred to as “we” or “us”). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for or use the Website.
PLEASE BE AWARE THAT WE WILL NOT BE HELD LIABLE IN ANY WAY FOR THE CONDUCT OF OTHER USERS.
1 Use of the Website
The Website is provided to you for your personal use subject to the Terms and Conditions. By using the Website you agree to be bound by the Terms and Conditions.
We may update the Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of the Website. Any changes will be notified to you via a suitable announcement on the Website. The changes will apply to the use of the Website after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms and Conditions.
3.1 When using our site, you must comply with the Terms and Conditions.
3.2 If you wish to make a purchase you will be asked to register on the Website with your full name, country of origin and email address. Registration on the Website is permitted to persons over the age of 18 years only. We will not be liable for the misrepresentation of any user.
3.3 If we become aware that you have breached the Terms and Conditions in any way we may restrict or disable access to your account. If we disable your account you shall not create another account without our permission.
3.4 We may restrict access to some parts of our site, or our entire site, to users who have registered with us and we will not be liable if for any reason our site is unavailable at any time or for any period.
3.5 It is your responsibility to ensure that all information we hold about you is accurate. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of the Terms and Conditions, and that they comply with them.
3.6 You are responsible for making all arrangements necessary for you to have access to our site, including ensuring that you have appropriate equipment from which to access the site.
3.7 You are not permitted to attempt to gain unauthorised access to other computer systems through the Website.
4 Password and Security
4.1 When you register to use the Website you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know, or have reason to suspect, that someone knows your password you should contact us via email@example.com
4.2 If we have reason to believe that there is likely to be a breach of security or misuse of the Website and/or your account, we may require you to change your password or we may suspend or disable your account.
4.3 [Should you cancel your account you should continue to keep your password confidential, as your account may be re-activated on request.]
4.4 Should you make personal information available on public areas of the Website then you are deemed to have agreed that other users may view and use such information.
4.5 To register for use of the Website you shall provide a valid email address and mobile phone number. In accordance with 3.5, you shall ensure that the email address and mobile phone number you provide us are accurate and up-to-date.
5 Intellectual Property
5.1 The content of the Website is protected by copyright, trademarks, database rights and other intellectual property rights. You may retrieve and display the content of the Website on a computer screen. However storage in any form, including electronic form, is strictly prohibited. You may not reproduce, modify, copy or distribute or use for commercial purposes, any of the materials or content of the Website without written permission from us.
5.2 If you make use of the Website, except as provided in 5.1, you may violate copyright and other intellectual property laws in the United Kingdom and may be subject to liability for such unauthorised use.
5.3 We have developed the Website in good faith and believe that all the material is our own. If you have reason to believe that we have inadvertently infringed your or a third party’s intellectual property rights, or if you have other concerns about the content of the Website please contact us via firstname.lastname@example.org
6 Our Liability
6.1 The Goods sold via the Website are for specialist fencing and/or martial arts use. We shall not be liable in relation to any loss or damage to any Customers purchasing Goods who use the Goods improperly and/or attempt to recreate any demonstration that they see on the Website or any other source. We hereby exclude our liability in respect of any loss that you suffer to the fullest extent permitted by law. We shall not under any circumstances be liable for any indirect or consequential losses.
6.2 We do not make any guarantees in relation to the operation of the Website on all software and/or hardware and are not responsible for any malfunctions or other adverse events that may occur from your use of the Website. We take precautions to prevent third party interference with the Website, however the Company cannot guarantee that the Website will be free from malware. We shall not be responsible for any loss or damage resulting from use of the Website.
6.3 Links to third party websites may be available on the Website. If you choose to access a third party website you do so subject to that site’s Terms and Conditions. These Terms and Conditions apply to the Website only. If you choose to contract with another site which you accessed via a link from this Website we shall not be liable in relation to any breach of that contract. You contract with third parties on your own initiative.1.1 .
6.4 You will hold us harmless against any content you post on the Website which is damaging of a third party’s reputation, commercial or economic activity and such content gives rise to a claim against us. You will indemnify us against all damages, losses and expenses of any kind (including reasonable legal fees) related to such a claim.
6.5 This clause does not limit our liability for death or personal injury caused by our negligence.
2.1 When you use the Website you must not act in such a way as inhibits or restricts any other user from using the site. You shall not upload any material containing any viruses, malware, spyware or programme of similar nature.
2.2 You warrant that you shall not commit any offence through the site or post any content on the site which is illegal, offensive, obscene, defamatory, fraudulent, plagiarised or otherwise contrary to the Terms and Conditions and you indemnify us for any breach of that warranty.
7.3You shall not use this site to send S.P.A.M or any other form of advertising to other users. You shall not post links to any other sites.
7.4 We have the right to remove any material or posting you make on our site if, in our opinion, such material is in breach.
7.5 If a complaint is made about you by a third party we shall be entitled to investigate the matter. We reserve the right to delete your account or certain material on your account which we consider to be in breach of these Conditions or the rights of any third party.
7.6 Any public material you upload to our site will be considered non-confidential. You warrant that any such material is original to you and that third party proprietary rights do not exist in the material. Such material may be visible via search engine results. We do not have control over the content of these searches and do not accept responsibility for the content of those search results.
7.7 We have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy, or as necessary to satisfy any law, regulation or other governmental request and to protect us and our other users.
8 Data Protection
Part of the Website may contain advertising. Advertisers are responsible for ensuring that material submitted for inclusion on the Website complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising material.
Any user which we reasonably consider to be in breach of these Terms and Conditions may have all or part of their account suspended or disabled. Following deletion of your account the following Conditions shall still apply (as appropriate): 3.3, 4.3, 4.6 and 10 – 14 (inclusive).
12 Governing Law
The Terms and Conditions will be subject to the laws of Scotland. We will try to resolve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the jurisdiction of the Scottish Courts.
13 International Use
We make no promises that materials on the Website are appropriate or available for use in locations outside the United Kingdom, and accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Website from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws
14.1 You may not transfer any of your rights under the Terms and Conditions to any other person. We may transfer our rights under the Terms and Conditions to another business where we reasonably believe your rights will not be affected.
14.3 If you breach these Terms and Conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
14.4 We shall not be responsible for any breach of the Terms and Conditions caused by circumstances beyond our reasonable control.
14.5 This Website is owned and operated by Tigersden Limited, a company incorporated under the Companies Acts (registered number SC457938) and having its registered office at 30 & 34 Reform Street, Dundee, DD1 1RJ.
14.6 If you have any queries please email email@example.com or write to us at 30 & 34 Reform Street, Dundee, DD1 1RJ.
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