TERMS AND CONDITIONS
These terms apply to the access and use of 'tagbak.co.uk' and all its
associated products and services.
By using tagbak.co.uk you agree to be bound by these terms, which shall take
effect immediately on your first use of tagbak.co.uk. If you do not agree
to be bound by all the terms please do not access, use and/or contribute to
tagbak.co.uk
TagBak Marketing Limited may change these terms from time to time and as such you
should check them regularly. Changes will be announced to existing
customers and your continued use of tagbak.co.uk will be deemed acceptance of
the updated or amended terms. If you do not agree to the changes then you
should stop using tagbak.co.uk
In these Terms and Conditions, the following words and phrases shall be given the following meanings:
“You/Your” means the person who purchases and/or receives the goods from Us:
“Us/We/Our” means TagBak Marketing Limited;
“Contract” means the contract between Us and You which shall be deemed to incorporate these Terms and the terms on any Order;
“Services” means a tag subscription, a tag or any other product or service as described on Our website
or as detailed in the Order supplied by Us to You;
“Order” means the Order confirmation prepared by Us and sent to You describing the exact Services requested by You and accepted by Us and detailing the price to be paid.
“Term” means the duration of any applicable subscription You have purchased.
The Agreement shall be on these Terms, incorporating the terms on any Order, to the exclusion of all other terms and conditions. If any conflict arises between these Terms and the terms of the Order the terms of the Order shall prevail.
The Agreement will commence on the date We confirm Your Order. In the case of non subscription Services this Agreement shall terminate upon delivery of the Services. In relation to subscription Services this Agreement shall continue for a period of either 12 or 24 months from that date, depending on the period detailed on Your Order, thereafter automatically renewing every 12 months unless and until terminated; by giving not less than 1 month notice in writing or otherwise in accordance with Clause 10. You will receive a notification of the impending renewal of Your subscription 1 month before it is due to renew.
We will provide the property recovery products and services, which may include without limit, the provision of adhesive property return tags, product registration services and property repatriation services on an individual or subscription basis, as is more specifically defined and confirmed on Your Order Confirmation.
We reserve the right to alter or withdraw any element of the Service(s) You have ordered and replace them with other services of similar nature or equivalent value.
We shall use our reasonable endeavour to make available to you at all times the
online services provided as part of Your Order, but we shall not, in any event,
be liable for interruptions of service or downtime of online systems.
Any date or period for delivery shall be considered as indicative only, although it is Our policy to try to fulfil all orders within 5 days. Any goods not available within this timescale will be sent to You, as soon as possible, when received from Our suppliers.
You will be deemed to have accepted all goods upon their delivery by Us to the address specified in Your Order.
All Orders must be checked at the time of delivery and mistakes or damage notified to Us immediately. Where mistakes or damage is found We will make arrangement for collection and replacement of the incorrect or damaged goods. Mistakes/damage discovered after this time cannot be rectified.
TagBak tags are only valid when they are attached to the property that You have registered with Us.
If We receive notification that an item of property has been found with a TagBak tag registered to You and the item found is not the item of property listed on our database, We will notify You and if You confirm that the item of property is Yours and You wish Us to return it to You, We will do so but We reserve the right to levy an additional charge for repatriating that item to You and take no responsibility for its return.
If You replace the property to which Your TagBak tags are registered You may request replacement tags provided Your subscription is still active. Your previous tag will be deactivated.
The maximum weight of any item to be tagged is 20kg. Items of property exceeding this weight may be returned at Our sole discretion and We reserve the right to levy an additional charge for repatriating that item to You and take no responsibility for its return.
TagBak will not return any items in the following categories: People/Children or Pets; Items that are Hazardous or Dangerous (including without limit items that are sharp or flammable and items on which the law places restrictions on carriage or requires licenses or permits to transport.); and Items that are Illegal to Transport or Posses. Please seek TagBak advice if You are unsure.
You may choose to add an additional financial reward in relation to the return of any TagBak tagged item. This is optional and may be updated or removed at any time using Our website provided that You have not reported the item lost or stolen or that repatriation is not in progress for some other reason.
Once You have elected to offer a reward this becomes a binding part of Your Agreement with Us and You will be bound to provide the reward in the event of an item being successfully repatriated to You.
Payment of rewards is due immediately upon notification to You that an item has been returned to Us and will
either be charged to your TagBak account balance (if available),
the credit or debit card supplied when You placed Your initial Order or
Your saved credit or debit card (if present).
Should we be unable to obtain full payment from a payment source then the next
source will be tried.
If payment of the reward is not successfully made you will be contacted by
telephone in order to resolve the problem.
We will warrant that any goods supplied are of satisfactory quality for the period detailed on each individual item or for a period of 3 months from delivery of the goods whichever is the lesser.
TagBak tags are guaranteed for life, if they become defaced or fall off We will replace them on Your written request. Subject to the provisions below, replacement tags will supplied free of charge.
We reserve the right to make a charge for claims under this Warranty where the goods are found to have been used and/or stored other than in accordance with Our guidelines, where issued, or as would be reasonable to expect goods of a similar nature to be used and/or stored, or where any faults are as a result of some form of abuse.
If You wish to make a claim under this warranty, You must notify Us in writing quoting the Order reference number.
The price for the Services will be set out in the Order and includes the cost of delivery. VAT, were relevant, will be charged at the prevailing rate.
The price of any subscription Services purchased will change annually in line with pricing structure current at the time of renewal. Renewal subscriptions will be charged to
either Your TagBak account balance, the credit or debit card supplied when You placed Your initial
Order or Your saved credit or debit cards.
Your configurable online billing preferences will override our default process and allow
you to specify the exact payment option to be used
It is Your responsibility to ensure there are sufficient funds available on the renewal date.
Goods will be dispatched once all payments have cleared.
All payments excluding ones made Online must be in UK Pounds Sterling. If
Your check is returned by the bank as unpaid for any reason, you will be liable
for a 'returned cheque' charge of £30
Once an Order has been accepted in writing by Us in Our order confirmation the cancellation terms contained below apply.
Neither party shall have any liability for any indirect or consequential losses or expenses, including but not limited to loss of or damage to anticipated profits, contracts, reputation, goodwill, labour costs or losses or expenses arising from 3rd party claims.
Notwithstanding the above clause and save in the case of death or personal injury caused by the negligence of Ourselves, for which Our liability shall be unlimited, Our liability under this Agreement shall be limited to the price paid by You for the goods.
We reserve the right to terminate a TagBak subscription at any time, with or without notice, including without limit, to cancel Your subscription before the expiration of the Term if You fail to pay any subscription fees when they become due, or if You violate any of the other terms herein.
Except in the case of perishable or personalised goods, You have the right to cancel this Agreement by notice at any time within seven days of the date of delivery of the goods to You without further liability to us, save that You must return the goods to us, undamaged and with all packaging intact.
For the avoidance of doubt a TagBak subscription is personalised based on the details You supply and as such You do not have a right of cancellation.
In relation to subscription Services, You may cancel this Agreement on the provision of 3 months notice in writing, such notice to expire no earlier than the end of the initial Term. We do no refund subscription fees.
The date on which the first letter/email is received by Us will be deemed as the date the request has been made.
If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, fire, industrial disputes or civil commotion, it shall notify the other and the first party’s obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.
If any part of these Terms is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms which will otherwise remain in full force and effect.
The failure or delay of Us to exercise or enforce any right in these terms does
not waive Our right to enforce that right.
You may not vary this Agreement unless it is specifically agreed in writing and acknowledged by Us. We may vary this Agreement by notifying You of the proposed variation, such variation will be deemed accepted if We do not receive a response from You within 15 days.
We may transfer, assign, charge, sub-contract or otherwise dispose of this Agreement, (or any rights or liabilities under it), at any time.
These Terms shall be governed by and interpreted according to English Law and the parties submit to the exclusive jurisdiction of the English Courts.
Heading are included in these Agreement for convenience only and shall not affect the construction or interpretation of this Agreement
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing. If sent by email shall unless the contrary is proved, be deemed to be recieved on the day it was sent; If by fax shall be deemed to be served on receipt of an error free transmission report; If sent by recorded delivery shall be deemed to be served two days following the date of posting.
If you are or become as reseller of your products and services you will continue to be bound by these terms and conditions, you will be responsible for ensuring that your customers are bound by terms and conditions that adequately reflect and give effect to these.
You shall not incur or purport to incur on our behalf any liability nor in any way pledge or purport to pledge our credit or to make any contract binding to us.
No default by your customers shall in any way affect, modify or limit your obligations under this agreement.
The cost of our standard delivery is £25.00 For international returns over this the customer will be required to pay the difference.