PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Website Terms and Conditions of Sale
This page tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
We may revise these Terms from time to time to reflect changes in how we accept payment, changes in relevant laws and requirements, and/or changes in our business circumstances. These Terms were most recently updated on 13 August 2012.
We operate the website [www.tattooednow.com]. We are Tattooednow! Limited, a company registered in England and Wales under company number 07907019 and with our registered office c/o Alan James & Co, Quantum House, Guildford Street, Chertsey, Surrey, England KT16 9AX. To contact us, please use the contact details on our site.
Please note:we take care to ensure that we only supply FDA and EU approved skin safe products. However, as with any product that is applied to skin, there may be a small possibility of an adverse reaction in some individuals. So, please ensure you follow all instructions on our site and/or supplied with our Products very carefully. Please also ensure that you are in good health when using our Products and, if you experience any skin irritation, allergic reaction or other symptom that causes you any concern, you should remove the Product immediately. You should consult a doctor or health practitioner if you have any concerns. Subject to the clause below entitled “Our Liability”, we will not be responsible or liable for any adverse reaction you experience from our Products. Unless otherwise is expressly agreed in writing, the intellectual property rights in our products, designs and materials and otherwise arising in connection with any services performed by us shall be and remain owned by us at all times.
3. Ordering requirements
You may only purchase Products from our site if you are at least 18 years old or, if you are under 18, if you have the consent of your parent or guardian. Please note that our Products are not intended for use by children under 5 years of age.
4.1 Please take the time to read and check your order at each page of the order process. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed at this point.
4.2 If we are unable to supply you with a Product, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
5.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 6.2. However, this cancellation right does not apply in the case of goods that have been opened and/or damaged and/or are otherwise not in resaleable condition, or any made-to-measure or custom-made products.
5.2 You have a period of 7 (seven) working days in which you may cancel a Contract, starting from the day after the day you receive the Products. To cancel a Contract, you must contact us in writing. In such circumstances and once we have received the product back from you (and provided it is in good condition and not damaged), you will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible. You will be responsible for the cost of returning the Products to us.
5.3 If you return Products to us because they are faulty or mis-described, we will provide you with a refund provided that the fault or defect in the Product has not arisen from fair wear and tear, wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party, or failure to use the Product in accordance with the user instructions.
5.4 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by these Terms.
6.1 You may select either normal postage, in which case we will have no responsibility or liability for any Products you order failing to arrive (as in such circumstances you may claim against the national postal service in question), or by registered delivery.
6.2 Your order will be fulfilled by the estimated delivery date, unless there is an Event Outside Our Control (as defined below in clause 10).
6.3 The Products will be your responsibility from delivery. You own the Products once we have received payment in full, including all applicable delivery charges. Your order may be subject to import duties and taxes. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes.
7.1 We take all reasonable care to ensure that the prices of Products are correct. Prices for our Products may change from time to time.
7.2 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. The price of a Product does not include delivery charges.
7.3 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect price.
You can only pay for Products using a debit card or credit card or Paypal or Google checkout.
9.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we will not be responsible for any loss or damage that is not foreseeable.
9.2 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); or
(e) defective products under the Consumer Protection Act 1987.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
11.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
11.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
11.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
11.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
11.5 These Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.