These Terms and Conditions of Trade are the terms on which TBK 2 Bags AB / Timbuk2 located at Nasta Gård 1, 702 27 Örebro, Sweden, provide merchandise ("Goods") to you ("You"/"Your") as a consumer via our web sites, including, without limitation:
timbuk2bags.co.uk; and any additional shopping sites that we may create from time to time to purchase product and also as a resource for information (collectively the "Web Sites").
For the sake of clarity and avoidance of doubt, only sites owned and operated by Us are subject to this Terms and Conditions of Trade policy (the “Terms and Conditions of Trade”).
You may keep a copy of these Terms and Conditions of Trade for future reference. Print or download and save them. We will file a copy of any Orders made by You.
Please read these Terms and Conditions of Trade carefully before ordering. You should understand that by ordering Our Goods, You agree to be bound by these Terms and Conditions of Trade.
1. INFORMATION ABOUT US
1.1 We are TBK 2 Bags AB / Timbuk2 trading as a company registered in Sweden. Our registered address is Nasta Gård 1, 702 27 Örebro, Sweden.
1.2 If you have any questions, complaints or comments about the Web Sites then You may contact Us as follows:
1.3 Our VAT number is SE559157024601
2. OUR CONTRACT
2.1 Your order ("Order") constitutes an offer to Us to buy the Goods you select via your Order on the Web Sites. All Orders are subject to availability and acceptance by Us.
3. YOUR STATUS
If you are under 18 years old you are not authorized to make a transaction or register an account with Us on the Web Sites. By placing an Order through the Web Sites, You confirm that You are legally capable of entering into binding contracts and You are at least 18 years old. If you are not legally capable of entering into contracts, We are legally entitled to cancel the order with You and will not be obliged to supply the Goods.
4. PRICES AND DELIVERY
4.1 The price of the Goods is as stated on the Web Sites from time to time and as confirmed to You as part of the Order process when We confirm Our acceptance of Your Order to You (except in the case of obvious error). Prices shown are inclusive of UK Value Added Tax; French Taxe sue la Valeur Ajoutée; German Mehrwertsteuer and any other applicable taxes.
4.2 Prices are checked regularly. However, if We find the price has changed or that there has been a pricing error when We receive Your Order We will contact You and ask if You wish to proceed at the correct price. If You confirm that You do wish to proceed, then your confirmation constitutes a new Order to us and please remember that We will not be under an obligation to supply the Goods until We have sent You an email dispatch confirmation.
4.3 Goods will be dispatched by Courier.
4.4 Prices shown on the Web Sites include delivery.
4.5 We shall endeavor to dispatch the Goods to You as soon as possible after You place Your Order, normally within 2 working days if the Goods are in stock, and in any event within 30 days beginning on the day after You place Your Order. If We are unable to dispatch the Goods within that time We will email as soon as possible to let You know and give You an estimated delivery date and You will have the right to cancel Your Order and receive a full refund as set out in that email.
4.6 As soon as the Goods are delivered to You, You are responsible for them. If a parcel is damaged, please notify us via email firstname.lastname@example.org.
4.7 We accept payment with PayPal.
4.8 At the point when We send You an email order confirmation, We will process the payment details You have given to us to take payment for Your order. If You have placed an order using PayPal, You will be charged as soon as the order is Confirmed. We will process payment for all the Goods including any back ordered Goods. Any back ordered Goods will be shipped when they are in stock. You may cancel Your order of back ordered Goods before the point of shipment by contacting Customer Services by email.
For Your security, when using a credit/debit card, the billing name, address and phone number must match that of the credit/debit card used for payment. We reserve the right to cancel any order that does not match these criteria.
5. RETURNS AND CANCELLATION
5.1 We want You to be happy with Your purchase from Us. If you are unhappy with the Goods in any way please contact Our Customer Service Team via email or letter as provided above.
5.2 Nothing in these Terms and Conditions of Trade is intended to affect Your statutory rights. These rights include:
5.2.1 That any Goods supplied by Us will be of satisfactory quality, fit for their intended purpose, and will conform to the description given;
5.2.2 certain remedies if Goods are defective; and
5.2.3 a right to cancel within a specified period and receive a full refund even if they are not defective as is set out in paragraph 6.3 below.
5.3.1If for any reason you are unhappy with Your Goods (other than customised, sale, reduced price or Goods during a promotional period, administration fee £15 will be deducted from your refund for those returnes), in addition to your statutory rights under the Consumer Protection (Distance Selling) Regulations 2000, we offer you the right to cancel Your Order and return The Goods to us for a full refund provided that:
(a) The Goods are received back at Timbuk2 Returns Department;
Timbuk2 / NeH
702 36 Örebro
within 30 days. These 30 days commence the date that we send an email to you confirming the Goods have been dispatched.
(b) You return the Goods to us in substantially the same condition in which you received them. You have a legal obligation to take reasonable care of the Goods while they are in your possession. Please include where possible the original packaging and labelling.
(c) Sale or reduced price Goods can be returned but we will deduct £15 return and administration fee on your refund.
(d) Your right of return and cancellation set forth above is without prejudice to your local statutory right of cancellation.
(e) All refunds under the 30 day return offer will be made within 30 days of Our receipt of the returned Goods.
(f) If a bundled or promotional item is returned affecting the validity of the offer, your refund or exchange will be adjusted to reflect the fact that the promotional price is no longer valid.
5.3.3 If Your Goods are faulty or do not meet the description given on the Web Sites, please contact us as soon as possible via email as given above to arrange a return and replacement of Goods. If you require a refund, We will refund the value of your order for those Goods (including any delivery charges).
5.3.4 Please note that if You fail to take reasonable care of returned Goods, or fail to return the Goods to Us, We will be entitled to make a claim against you for any losses which we suffer.
Your cancellation rights under the Consumer Protection (Distance Selling) Regulations 2000
5.3.5 For all Goods, consumers have a right under the Consumer Protection (Distance Selling) Regulations 2000 to cancel orders during the period of fourteen working days beginning with the day after the day on which You receive the goods. Customers outside the UK have fourteen (14) days to cancel orders under these rights. If you wish to rely on your statutory rights, You are required to cover the cost of returning the cancelled items to Us.
5.3.6 All refunds will be made within 30 days of notice of cancellation.
6. LIMITATIONS ON OUR LIABILITY TO YOU
6.1 Nothing in these Terms and Conditions of Trade shall:
6.1.1 exclude or limit Our liability:
(a) for fraud, fraudulent misrepresentation or our Gross negligence or the gross negligence of Our employees or agents;
(b) for death or personal injury resulting from Our negligence or the negligence of Our employees or agents;
(i) section 2(3) of the Consumer Protection Act 1987;
(ii) Articles 1641, 1386-1 and 2114-4 and seq. of the French Consumer Code; and
(iii) the German Product Liability Act.
(d) for any matter for which it would be illegal for us to exclude, or attempt, our liability.
6.1.2 restrict Your statutory rights (See 6.2 above).
6.2 Subject to paragraph 7.1 above, and unless prohibited by Your local statutory law, these Terms and Conditions of Trade shall not:
6.2.1 make Us responsible for any damage or loss caused to You where such damage or loss is not reasonably foreseeable to You and Us when You agree to these Terms and Conditions of Trade, including where the damage or loss results from Our breach of these Terms and Conditions of Trade; or
6.2.2 make Us responsible for any damage or loss caused to You where You are not entering into these Terms and Conditions of Trade as a consumer (as defined under Your local statutory law).
6.3 our aggregate liability to You for any loss or damage arising in connection with these Terms and Conditions of Trade shall be limited in respect of each claim to the purchase price of Your Order or Orders.
6.4 We are not responsible for any delay or failure to comply with Our obligations under these Terms and Conditions of Trade if the delay or failure arises out of any event which is beyond Our control. Such events shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks or industrial action affecting Us or Our suppliers.
7. ELECTRONIC COMMUNICATIONS
By using these Web Sites, You accept that communication with Us will mainly be electronic. We will contact You by email or provide You with information by posting notices on these WebSites. For contractual purposes, You consent to receive communications from Us electronically (to the most recent email address you have provided to us) and You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.
8.1 We reserve the right to change or update these Terms and Conditions of Trade from time to time. Revised Terms and Conditions of Trade will be published on these WebSites and, where practical, We will endeavour to alert users to key changes via the homepage. In any case such changes and updates will not affect transactions in process resulting from an order placed before publishing such changes and updates.
8.2 If any of these Terms and Conditions of Trade are determined to be illegal, invalid or otherwise unenforceable by reason of law then, to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining Terms and Conditions of Trade shall survive, remain in full force and effect and continue to be binding and enforceable.
8.3 If You breach these Terms and Conditions of Trade and We take no action, We will still be entitled to use Our rights and remedies in any other situation where You breach these Terms and Conditions of Trade.
8.4 Please note that you are entering into an agreement with a Swedish company. These Terms and Conditions of Trade and any contracts based on them, are governed by and shall be construed in accordance with the laws of Sweden and any disputes arising out of them shall be subject to the non-exclusive jurisdiction of the Swedish courts. Notwithstanding the foregoing, nothing in these Terms and Conditions of Trade shall limit or exclude, or purports to limit or exclude, any statutory rights granted to you under local law (in particular consumer protection laws) which remain unaffected and in full force and effect.