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Terms and conditions

 

 

 

 
       
Terms and conditions

Welcome to our terms and conditions page. These terms and conditions apply to the use of this website and all policies and conditions associated with this website. By accessing this website and/or placing an order through the website or by phone, you agree to be legally bound by the terms and conditions displayed below. You shall not place an order until you have read and agreed to these terms and conditions.


Be sure to read this page before you order. Tikamoon, at its discretion, may change, modify, and/or remove these terms and conditions at anytime and it is therefore important to read them each time you place an order. Please note that all the terms and conditions outlined in this page are created in accordance with Distance Selling Regulations and do not affect your statuary rights.


1. Definitions

1.1. "Website" means the website located here or any subsequent URL that may replace it.

1.2. "Buyer" means the person and/or firm and/or company who buys or agrees to buy Good(s) from the Seller.

1.3. "Seller" means Tikamoon.

1.4. “Good(s)” are the items purchased by the Buyer via the Website.

1.5. "Delivery Date" is the estimated date that the Good(s) will be delivered to the Buyer.

1.6. "Contract" refers to the legally binding agreement between the Buyer and the Seller for the sale and purchase of Good(s) on the Website.
1.7. “Content” means any text, photographs, picture or design on the Website.
1.8. “Party” or “Parties” refers to the parties in the Contract. The parties for the Contract are the Buyer and the Seller.
1.9. “Personal Information” refers to any sensitive data obtained from the Buyer.


2. General Terms

2.1. To place an order on the Website, the Buyer must have reached at least 18 years of age.

2.2. The Seller will treat each order for Goods as an offer from the Buyer to purchase the Good(s) subject to these terms and conditions.

2.3. The formation, existence, construction, performance and validity of the Contract shall be governed by English law and the Parties submit to the non-exclusive jurisdiction of the English courts.

2.4. The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contract (Rights of Third Parties) Act 1999 by any person that is not a Party to it.

2.5. If any provision of the Contract is found by any court, tribunal, or administrative body of competent jurisdiction to be wholly or partially illegal, invalid, void, voidable, unenforceable, or unreasonable it shall to the extent of such illegality, invalidity, voidability, unenforceability, or unreasonable be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect, provided the overall effect of the Contract is more or less the same.

2.6. Failure or delay by the Seller in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
2.7. Any waiver by the Seller of any breach of, or any default under, any provision of the Contract by the Buyer will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.

2.8. Neither Party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to strikes, lock outs, weather, accidents, war, fire, reduction in or unavailability of power at the Sellers’ / Suppliers’ premises or its manufacturing plant, breakdown of plant machinery or shortage or unavailability of raw materials from a natural source of supply, and the Party shall be entitled to a reasonable extension of its obligations.

2.9. Provided that any event referred to in clause 2.8. continues for a period in excess of 50 working days, the Buyer will be entitled to give notice in writing to terminate the Contract.


3.0 The Contract’s Content will be stored. You may store the general terms and conditions and readily look them up. For safety reasons your order information is not available via internet. We keep this information in confidence according to our privacy policy.


3. Damage To Your Computer
3.1. The Seller will try to ensure that the Website is free from viruses or defects. However, they cannot guarantee that use of the Website or any other Websites accessible through it will not cause damage to a computer. It is the Buyers responsibility to ensure that the right equipment is available to use the Website. Except in the case of negligence on the Sellers part, the Seller will not be liable to any person for any damage or loss which may arise to computer equipment as a result of using this Website.

4. Website Content
4.1. Any picture, photographs, text or Content are the property of the Seller and no part of it may be reproduced. You may not copy, reproduce, republish, upload, post, transmit, or distribute any form of Content from the Website without obtaining formal written permission from the Seller. All trademarks, service marks and trade names are the property of the Seller. Infringement of any copyright or trademarks on this Website may lead to legal action against the infringer.

5. Accuracy Of Content

5.1. The quantity and description of the Products shall be set out in the Seller's quotation.

5.2. The Seller may make any changes in the specification of the Products which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the Products are supplied to the Seller's specification. The change of description of the Products might appear in the case when dimensions or color change.

5.3. Product photographs are for illustrative purpose only, and may not exactly match the product itself.

5.4. Each Product purchased is sold subject to its Product Specification which sets out additional Specific Conditions related to that Product including, without limitation, conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees. The Seller 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 Website. Although the Seller aims to keep the Website as up to date as possible, the information including Product Specifications appearing on this Website at a particular time may not always reflect the position exactly at the moment the Buyer places an order. The Seller cannot guarantee the reliability or accuracy of the information contained within the Website pages. 

5.5. Any additional items or illustrations in a product image are used for visual purposes only. None of these additional items or illustrations will be included with any order unless otherwise stated.

5.6. Any dimensions, colours, weights and capacities given about the Product(s) are only approximate.

5.7. The Seller, at its discretion, may change any Product price to take account of any increase or the imposition of any taxes or duties, or if due to an error or omission the price published for the Good(s) is wrong whether or not the order has been confirmed. The Seller will inform the Buyer of the correct price within 24 hours and give the Buyer the opportunity to cancel the Contract.

5.8. The Seller, at its discretion, may change the sale price of any listed special offer Product at any given time without notice. When the Buyer has placed an order for a special offer Product, then the Buyer will pay the price that is currently listed on the day that the order is processed by the Seller. 

6. Warranties + Liability

6.1. All Good(s) are supplied by the Seller and come with a Supplier warranty of at least 12 months, unless otherwise specified and subject to conditions set out below. The Seller shall provide the Buyer with such information as is required to claim under the Supplier’s warranties. The Seller offers no additional warranty options at this time.

6.2. The Seller shall not be liable for any breech of the warranty in clause 6.1., unless:
         6.2.1. The Buyer provides a written notice of the defect within 72 hours of locating the defect or ought to have discovered the defect; and
         6.2.2. The Seller is given reasonable opportunity after receiving the Buyer's notice of defect to examine the Good(s) in question and the Buyer, if asked so, shall provide photographic evidence of the defect.


6.3. The Seller shall not be liable for a breech of the warranty in clause 6.2. if:
         6.3.1. The Buyer makes further use of the Good(s) after giving notice of the defect to the Seller.
         6.3.2. The defect arises as a result of fair wear and tear, willful damage, negligence, misuse, abnormal working conditions or failure to follow oral or written instructions as to the storage of use of the Good(s).
         6.3.3. The Buyer alters or repairs such Good(s) without obtaining permission from the Seller

6.4. Subject to clause 6.2.:
         6.4.1. If any Good(s) are found to be defective, then within 30 days of the Seller examining the defective Good(s), the Seller will:       
                   6.4.1.1. Repair or replace such Good(s) (or the defective part) free of charge

6.5. If the Seller complies with clause 6.4.:
         6.5.1. The Seller shall have no further liability for breech of any warranty in clause 6.1. in respect of such Good(s).

7. Payment

7.1. The Seller accepts most major credit cards including Visa, MasterCard, Delta, and Electron. PayPal and Bank transfer is also accepted. Cash and cheque payments will not be accepted. When the buyer places an order, the Buyer must provide their exact billing address and telephone number. Incorrect information will cause a delay in processing the order. This delay could be up to 5 working days or more. An order will only be processed once the Seller receives full payment from the Buyer. Payment must be made on the date of purchase. Product(s) will not be dispatched for delivery until full payment has been made and the order has been fully processed. The Seller reserves the right to obtain validation of your credit charge or debit card details before accepting the order. The Contract is not concluded until full payment is received and the Buyer has received the Product(s).

7.2. In the instance that the Buyer has underpaid and an order has been confirmed, the Buyer must pay the remaining balance due within 72 hours. Failure to do this will result in an additional charge of 6% of the purchased Good(s) total being added to the amount due for the original order.

7.3. In the instance that the Buyer has overpaid and an order has been confirmed, the Seller must refund the overpayment to the Buyer within 24 hours where possible.

7.4. If the Seller makes an error in the Confirmation or any invoice or any receipt the Seller will correct the error within 24 hours of being notified by the Buyer.

8. Availability

8.1. All orders are subject to acceptance and availability.

8.2. The indicated delays are 10 days, 3 weeks, 6 weeks or 4 months, as displayed on the Product Page. 

8.3. The Buyer will have the option either to wait until the Good(s) are available from stock or to cancel the order. If the Buyer wishes to cancel, the Seller will reverse the order and no charge will be made.


9. Price

9.1. All Product prices are inclusive of VAT at the current rates and are correct at the time of entering information.

9.2. Wherever it is not possible for the Seller to accept the Buyers order to buy Good(s) of the specification and description at the price indicated, the Seller will advise the Buyer by email, offer to sell the Buyer the Good(s) of the specification and description at the price stated in the email and will state the period for which the offer or the price remains valid.

10. Delivery charges

10.1. Delivery charges vary according to location and the type of Good(s) ordered.

10.2. If you purchase more than one Good(s), the delivery charges indicated on the others will be reduced by 50%.

10.3. This charge reduction applies to the less expensive delivery charges.

11. Delivery
11.1. All Good(s) ordered will be delivered to the address specified by the Buyer

11.2. Good(s) shall be deemed delivered once they are delivered to the address specified by the Buyer

11.3. All deliveries must be signed for by the Buyer or by the person authorised to accept delivery of the Good(s).

11.4. Delivery Dates are approximations only. Standard 10-day delivery lead time is 3-10 working days although this can take up to 30 working days in rare cases. 3-week delivery lead time is 2-3 weeks. 6-week delivery lead time is 4-6 weeks.  4-month delivery means the Product is being manufactured and this time might be reduced depending on the flow of the production. The Seller shall not be liable for any direct or indirect or consequential loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Good(s).

11.5. Parcel deliveries are made by one man direct to the front door of the Buyers specified delivery address. Large and heavy items may be delivered by 2-Man delivery service. Tikamoon will decide which type of delivery will be used and is not obliged to offer a 2-Man delivery service for any order. The goods will not be unwrapped by the delivery person and packaging will not be removed. 

11.6. The Seller will not remove existing pieces of furniture to help make room for newly delivered products. Likewise, old pieces of furniture will not be taken away unless already agreed with the Seller. The Buyer must take responsibility of organizing the removal and disposal of unwanted furniture.

11.7. The Buyer will become the owner of the Good(s) ordered when the Good(s) have been delivered to them and they have been paid completely to the Seller. Once Good(s) have been delivered to the Buyer, they will be held at the Buyers own risk and the Seller will not be liable for their loss or destruction.

11.8. If the Buyer fails to accept delivery on the agreed delivery date, the Seller reserves the right to charge the Buyer to cover the cost of the failed delivery. This charge depends on the weight and size of the item.

11.9. We do not accept any blame or liability for customers removing or disposing of old furniture prior to delivery. We do advise that customers only dispose of old items after the new Good(s) have been delivered.

11.10. Deliveries made to business addresses will have the customers authority for anybody in the building to accept Good(s) on the customers behalf. We will accept no responsibility once the Good(s) have been signed for at the requested address.

11.11. The Buyer must unpack the Good(s) in front of the deliveryman and check the quality of the Good(s). No further request for delivery default will be accepted.

11.12. Note that if Good(s) ordered have different availability times, they will all be dispatched at the same time.

11.13. The carrier might contact the Buyer to make an appointment. If the Buyer agrees on a specific day for the delivery to take place and he fails to accept the Good(s), extra charges may be applied at his own expense.

11.14. Please note that deliveries are booked in for a specific day, but not a specific time of day. 

12. Damaged Good(s)

12.1. If damaged Good(s) are delivered to the Buyer, then the Buyer is required to do the following;
   12.1.1. Notify the Seller and the carrier at the time of delivery and;
   12.1.2. Take photographic evidence of the damage and/or defect(s) and;
   12.1.3. Send the photographic evidence to the Seller via email
12.2. Provided the Buyer has adhered to clauses 12.1.1., 12.1.2. and 12.1.3., the Seller will:

   12.2.1. Replace the damaged and/or defected Good(s) within 1-14 working days if available, unless any reasons beyond the control of the Buyer prevent this.


13. Cancellation Rights

13.1. The Contract cannot be cancelled if;

   13.1.1. Any of the Good(s) ordered are custom built or made to order or;

   13.1.2. The Good(s) have been used.  It must be 'as new'. 

13.2. If the Buyer wishes to cancel the Contract BEFORE the Good(s) have been delivered, then;

   13.2.1. The Buyer must inform the Seller that they wish to cancel the Contract

13.3. Under Distance Selling Regulations, the Buyer has the legal right to cancel the Contract within 30 days of receipt of the Good(s). The Buyer does not need to give the Seller any reason for canceling the Contract nor will the Buyer have to pay any kind of penalty. However, the Buyer must notify the Seller if they wish to cancel the Contract. This can be exercised in writing or in another durable medium and:

   13.3.1. Once the Buyer has notified the Seller that they wish to cancel the Contract, any sum debited to the Seller from the Buyers credit and/or debit card will be re-credited to their account as soon as possible and in any event within thirty (30) days of the order PROVIDED THAT the Good(s) in question are returned to the address provided by the Seller and in the same condition they were in when delivered. If the Buyer does not return the Good(s) delivered to them, the Seller will be entitled to deduct the direct costs of recovering the Good(s) from the amount to be re-credited to the Buyer. 

13.4. The Seller reserves the right to cancel the Contract if one or more of the Good(s) ordered was listed at an incorrect price or quantity due to a typographical error or an error in the information received by the Seller from the Supplier(s).

13.5. The Buyer cannot cancel the Contract once the Good(s) have been in their possession for more than 30 days.

13.6. Online dispute resolution according to Art. 14 (1) Regulation on consumer ODR: The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed underhttp://ec.europa.eu/consumers/odr/

 
 

 Model cancellation form

(complete and return this form only if you wish to cancel the contract)


- To

Tikamoon 

4th Floor Lincoln House, 300 High Holborn

London WC1 V7JH

Email: info@tikamoon.co.uk

 

- I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the following goods (*)/for the supply of the following service (*),

 

- Ordered on (*)/received on (*),

 

- Name of consumer(s),

 

- Address of consumer(s),

 

- Signature of consumer(s) (only if this form is notified on paper),

 

- Date

 

___________

(*) Delete as appropriate.