"Conditions" means these terms and conditions and the Special Conditions; "Product" means a product displayed for sale on the Website; "Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided; "Users" means the users of the Website collectively; "Personal Information" means the details provided by you on registration; "We/us" means Trickster Limited; "Website" means the website located at www.tricksteronline.co.uk or any subsequent URL which may replace it; "Cookies" means small text files which our Website places on your computer's hard drive to store information about your shopping session and to identify your computer; "United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands and "You" means a user of this Website.
Access
You are provided with access to this Website in accordance
with these Conditions and any orders placed by you must
be placed strictly in accordance with these Conditions.
Registration
You warrant that:
Privacy policy
We will treat all your Personal Information as confidential
(although we reserve the right to disclose this information
in the circumstances set out below). We will keep it
on a secure server and we will fully comply with all
applicable UK Data Protection and consumer legislation
from time to time in place.
When you shop on this Website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password. We may also collect information about where you are on the internet (eg the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our website ("User Information"). We may collect this information even if you do not register with us.
You should be aware that this site is being monitored by statistical analysis software, and may capture information about your visit that will help us improve the quality of our service.
We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner's Office. We use your information only for the following purposes:
If you create a shopping account while ordering online you will be given the option to receive information from Trickster Limited by e-mail, about products, promotions or special offers which we feel may be of interest to you. In the event that you do not wish to be contacted for such purposes, ensure that you tick the appropriate box as you go through the registration process. You may unsubscribe from our contact list at any time by replying to a promotional e-mail with the word "REMOVE" in the subject line, by e-mailing us at remove@tricksteronline.co.uk.
Your Personal Information may be disclosed to reputable third parties who will help process your order. Trickster Limited requires all such third parties to treat your personal information as fully confidential and to fully comply with all applicable UK Data Protection and consumer legislation from time to time in place. We will not release your Personal Information to any company for mailing or marketing purposes.
You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information we are entitled do so.
We use Cookies to keep track of your current shopping session to personalise your experience and so that you may retrieve your shopping cart at any time - if you do not accept Cookies you will not be able to use this Website.
Please check back frequently to see any updates or changes to our privacy policy.
Questions regarding this Policy should be directed to the Administrative Head Office of tricksteronline.co.uk as follows:
Attn:
Compliance Officer
Trickster Limited
4 Meynell Crescent
London E9 7AS
Indemnity
You agree fully to indemnify, defend and hold us,
and our officers, directors, employees, agents and
suppliers,
harmless immediately on demand, from and against
all claims, liability, damages, losses, costs and
expenses,
including reasonable legal fees, arising out of any
breach of the Conditions by you or any other liabilities
arising out of your use of this Website, or the use
by any other person accessing the Website using your
shopping account and/or your Personal Information.
Our rights
We reserve the right to:
modify or withdraw, temporarily or permanently, this
Website (or any part thereof) with or without notice
to you and you confirm that we shall not be liable to
you or any third party for any modification to or withdrawal
of the Website; and/or change the Conditions from time
to time, and your continued use of the Website (or any
part thereof) following such change shall be deemed
to be your acceptance of such change. It is your responsibility
to check regularly to determine whether the Conditions
have been changed. If you do not agree to any change
to the Conditions then you must immediately stop using
the Website.
Third party
links
To provide increased value to our Users, we may provide
links to other websites or resources for you to access
at your sole discretion. You acknowledge and agree that,
as you have chosen to enter the linked website we are
not responsible for the availability of such external
sites or resources, and do not review or endorse and
are not responsible or liable, directly or indirectly,
for (i) the privacy practices of such websites, (ii)
the content of such websites, including (without limitation)
any advertising, content, products, goods or other materials
or services on or available from such websites or resources
or (iii) the use to which others make of these websites
or resources, nor for any damage, loss or offence caused
or alleged to be caused by, or in connection with, the
use of or reliance on any such advertising, content,
products, goods or other materials or services available
on such external websites or resources.
Orders
All orders are subject to acceptance in accordance with
our Order acceptance policy.
We will take all reasonable care,
in so far as it is in our power to do so, to keep the
details of your order and payment secure, but in the
absence of negligence on our part we cannot be held
liable for any loss you may suffer if a third party
procures unauthorised access to any data you provide
when accessing or ordering from the Website.
Contract creation and electronic contracting
The technical steps required to create the contract
between you and us are as follows:
Non-acceptance of an order may be a result of one of the following:
Contract cancellation
Please note that you are entitled to cancel this contract
if you so wish provided that you exercise your right
no longer than eight working days after the day on which
you receive the Products.
If you wish to exercise your right to cancel this contract after your order has already been dispatched please follow the procedure set out in our Returns policy.
Please note that your right to return Products does NOT apply to Products which are not returned in the condition in which they left our warehouse.
Returns Policy
Please contact our Customer Services team in writing (email is acceptable) to
inform them of your intention to return the goods. Please also state whether
you require a refund or replacement.
If a return is made after 7 working
days but within 30 days following receipt, you must
arrange for the goods to be
safely returned to us stating in writing (as above) the reason for their
return. You should arrange for the goods to be returned
to us by Royal Mail's Special
Delivery or a similar 'signed for' service in their original condition and
unopened packaging. We will refund monies paid by you
for the
goods (including
delivery costs), except for return
postal charges within 30 days of your cancellation.
Description of products
Each Product purchased is sold subject to its Product
Description which sets out specifications related
to
that Product including, without limitation, garment
size and colour.
We will take all reasonable care to
ensure that all details, descriptions and prices of
Products appearing on the Website are correct at the
time when the relevant information was entered onto
the system. Although we aim to keep the Website as up
to date as possible, the information including Product
Descriptions appearing on this Website at a particular
time may not always reflect the position exactly at
the moment you place an order. We cannot confirm the
price of a Product until your order is accepted in accordance
with our Order acceptance policy.
Payment
All prices are inclusive of VAT (where applicable) at
the current rates and are correct at the time of entering
the information onto the system. The total cost of your
order is the price of the Products ordered including
mainland UK delivery charges. Payment can be made by
any of the methods specified in the Payment section
of this Website and payment will be debited and cleared
from your account as set out in the Payment section
of this Website.
You confirm that the credit, debit or store card that is being used is yours.
All credit/debit cardholders are subject
to validation checks and authorisation by the card issuer.
If the issuer of your payment card refuses to or does
not, for any reason, authorise payment to us, we will
not be liable for any delay or non-delivery.
Refusal of transaction
We reserve the right to withdraw any Products from this
Website at any time and/or remove or edit any materials
or content on this Website. We may refuse to process
a transaction for any reason or refuse service to anyone
at any time at our sole discretion. We will not be liable
to you or any third party by reason of our withdrawing
any Product from this Website whether or not that Product
has been sold; removing or editing any materials or
content on the Website; refusing to process a transaction
or unwinding or suspending any transaction after processing
has begun.
To be eligible to purchase Products on this Website and lawfully enter into and form contracts on this Website under English law you must:
By making an offer to buy a Product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
Intellectual property and right
to use
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 or our licensors. You are
permitted to use this material only as expressly authorised
by us or our licensors.
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 (if necessary to make a Purchase)
download such material and content onto only one computer
hard drive for such purpose. Any other use of the material
and content of the Website is strictly prohibited. You
agree not to (and agree not to assist or facilitate
any third party to) copy, reproduce, transmit, publish,
display, distribute, commercially exploit or create
derivative works of such material and content.
Compliance with laws
The Website may be used only for lawful purposes and
in a lawful manner. You agree to comply with all applicable
laws, statutes and regulations regarding the Website
and any transactions conducted on or through the Website.
Limitation
of liability
While we will use reasonable endeavours to verify the
accuracy of any information we place on the Website,
we make no warranties, whether express or implied in
relation to its accuracy.
The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products.
This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
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 out of or in connection with the Conditions for:
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.
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 the Conditions
and shall not affect the validity and enforceability
of any of the remaining provisions of the Conditions.
Waiver
No waiver by us shall be construed as a waiver of any
proceeding or succeeding breach of any provision.
Survival
Each provision of the Conditions 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.
Entire agreement
These Conditions govern our relationship with you. Any
changes to these Conditions must be in writing and signed
by both parties. In this way, we can avoid any problems
surrounding what Trickster Limited and you are expected
to do.
You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation.
Nothing in this Clause shall limit
or exclude our liability in respect of any fraudulent
or negligent misrepresentation whether or not such has
become a term of the Conditions.
Law
The Conditions shall be governed by and construed in
accordance with the laws of England and you irrevocably
submit to the exclusive jurisdiction of the courts of
England.
Contact tricksteronline.co.uk
The registered company address of Trickster Limited
is:
'Fremnells'
Hawkswood Rd
Downham
Essex CM11 1 JT
Company registration number: 03466210
Contact details for Trickster Limited are set out in the Contact us section of our Website.