TERMS & CONDITIONS
DISCLAIMER
The contents of our pages have been created with the utmost care. However, we cannot guarantee the contents’ accuracy, completeness or topicality. See below:
ACCURACY OF CONTENT
We have taken great care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described. Please be aware that any weights, sizes/dimensions, capacities given about the goods are approximately only. Sizes and weights may vary within a reasonable tolerance (we assume this to be 5% of stated dimensions or weights).
Colours may vary slightly in reality and we do not guarantee exact matches to online images. Please be aware, Website Pictures may sometimes be library pictures and not the exact one for that product.
PURCHASE FROM WEBSITE
The details on our websites are not offers that you can accept. Any sales contract between you \and Tuff-Trek will be formed once we confirm to you acceptance of your order.
This will be done by email for internet orders, when we dispatch the goods. Prior to then we will be under no obligation to supply you with the goods you have ordered.
It is your responsibility to verify that your email address is in proper working order and must assume the risk of all consequences for transmission or operational failures.
Discounts and promotions are run through set dates, orders placed before or after these dates will not quailfy for the discounted rates.
PRICE
The price shall be the price quoted on the website except when we make an error or if the price has changed since publication. If we have made an error, then we will inform you of this as soon after you have placed your order as possible and will tell you the correct price and ask you if you still wish to place your order with us. If we have not heard back from you within 10 days, then we will presume that you did not want to place your order again with us and we will give you a full refund if you have already paid. You will be required to pay extra for delivery.
APPLICABLE LAWS
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Great Britain without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Great Britain in respect of any disputes arising in connection with the website, purchases from TUFF-TREK, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
TUFF-TREK does not warrant that the products manufactured, supplied, or marketed by it comply with the laws of the country where those goods are purchased or used. It is the sole responsibility of the purchaser to ascertain whether products being purchased, or the fitting of those products to any other object, comply with local laws.
RETURNS POLICY
All of our products come with a 14x day money-back guarantee.
We are happy to offer an exchange or a refund, for an unwanted item provided an item is returned to us unused, in its original condition with undamaged original packaging, within 14x calendar days of receipt.
Please note Return costs are borne by the customer.
- You can cancel anytime before your order is shipped, and receive a full refund
- Once you have received your order, you must contact us and notify us of your intention to return the goods within 14 days
- Goods must be returned to our warehouse address (UNIT M2 SWALLOW BUSINESS PARK, LOWER DICKER, EAST SUSSEX, BN27 4EL)
- Goods must be returned unused and undamaged, complete with all accessories and in the original and undamaged packaging
- Do not deface or write on the product packaging
- A refund will be issued for eligible returns within 7 working days, subject to any deductions which may apply
- We reserve the right to make deductions from any refund amount to cover shipping, taxes, customs charges or other costs in the following circumstances:
- Where the goods are returned as unwanted or non-faulty (20% restocking fee)
- Where no one has been available to accept the delivery
- Where the goods have been refused at the time of delivery
Special Order products which have been manufactured or imported to order are not eligible for returns or refunds unless faulty.
Your statutory rights are unaffected.
DAMAGED OR FAULTY GOODS
If you receive your goods and they have been damaged in transit you must sign for them as DAMAGED. If you open them and find they are faulty we’ll be happy to accept them back and send a replacement, or refund you in full. In these circumstances, you must:
- Report and Sign for them as damaged to the courier Within 24hrs
- Report them as damaged, with details and pictures to: contact@tuff-trek.com Within 48hrs
Contact us immediately and we will make the necessary arrangements on your instruction.
Your statutory rights are unaffected.
CANCELATION RIGHTS:
Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 14 calendar days (cooling off period) after the day on which you receive your goods (with the exception of any made to order items or items that have been specially imported for your express order).
You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. You are however responsible for return shipping costs.
- Should you wish to cancel your order, you can notify us by telephone 01825 840 786
- Or email: contact@tuff-trek.com
- You cannot cancel your contract if the goods you have ordered are bespoke (i.e. made to order) or ordered under SPECIAL ORDER terms (ordered in exclusively for your requirement)
- If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk
- If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible
Once you have notified us that you are cancelling your contract, and we have received the goods back we will refund any sum debited by us from your credit or debit card within 14 calendar days.
IMPORTANT NOTICE:
We may make a deduction from your refund for any loss in the value of the goods supplied – if the loss is the result of unnecessary handling (for example damaging the packaging, fitting, using or marking the goods/packaging prior to cancellation).
- There is a standard 20% restocking fee applicable to all ‘unwanted’ goods
- All unwanted goods must be returned to us in new & unused condition unless a warranty claim is being made
- They must be in the original, unopened and undamaged packaging and complete
- We reserve the right to refuse returned goods if necessary:
- If they are spoiled (marked or damaged)
- Damaged Packaging
- Unsellable or not sellable unless sold as ‘used’
- Or in the condition in which they were supplied
Your statutory rights are unaffected.
CANCELLATION BY US:
We reserve the right not to process your order if:
- We have insufficient stock to deliver the goods you have ordered
- We do not deliver to your area
- One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers
- If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 14 days.
LEGAL BASIS OF SALE (sale governed by Law of Great Britain):
- Limitation of Liability: IN NO EVENT SHALL SELLER (TUFF-TREK LTD) BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE
- REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE
- IN NO EVENT SHALL SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS CONTRACT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO SELLER FOR THE PRODUCTS SOLD HEREUNDER OR, AS TO SERVICES, FOR THE AMOUNTS PAID TO SELLER FOR SERVICES PERFORMED HEREUNDER.
- This limitation of liability is a material basis for the parties’ bargain and reflects the bargained-for allocation of risks between Seller and Buyer, without which Seller would not have agreed to provide the Products or services at the price charged
- Indemnification: Subject to Article 10 hereof, each of Buyer and Seller (as an “Indemnifying Party”) shall indemnify the other party (as an “Indemnified Party”) from and against claims brought by a third party, on account of personal injury or damage to the third party’s tangible property, to the extent caused by the negligence of the Indemnifying Party in connection with this Contract.
- In the event the injury or damage is caused by joint or concurrent negligence of Buyer and Seller, the loss or expense shall be borne by each party in proportion to its degree of negligence.
- For purposes of Seller’s indemnity obligation, no part of the Products is considered third party property
- The contract of sale refers only to the supply of the goods concerned and TUFF-TREK do not accept any liability for costs or charges relating to damage to associated non supplied equipment(accessories, vehicles or other property not supplied by TUFF-TREK Ltd), or to any delays incurred relating to the supply/provision of supplied goods