THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT (hereafter “Terms” / “terms and conditions”) governs your use of our website (hereafter “Website”). It is vitally important that you read the Terms carefully, as your use of the Website will automatically constitute your agreement to be legally bound by the terms and conditions set out herein. These Terms also govern your use or purchase of the products/services provided through or in connection with the Website (hereafter “services”). Each time you use our services, you acknowledge that you have read these Terms and agree to be legally bound by them. If you do not agree to be bound by these Terms, you may not use the Website or the services provided by Company through its Website.
This Website is owned by Tashi Mannox (hereafter “Company” / ”we”) , registered as a sole trader.
The following words used in these Terms shall have the following meanings:
“Personal Information” shall mean all data and/or information provided by and about User, including e-mail address (es), name, address, credit card, or other payment information, etc.;
“Website” / “Company Website” shall mean all Websites on which Company provides products and/or services.
“Company User” / “you” / “client” / “consumer”) shall mean all users of the Company Website and/or purchaser of Company products, goods, or services.
“products” and/or “goods” and/or “items” and/or “services” shall mean all products and/or services provided directly by Company;
“3rd–Parties” include all advertisers, partners and affiliate vendors that are included on, or linked to, the Company Website.
ORDERING PRODUCTS / SERVICES FROM US
Description and price of goods
We have taken care to describe and show items as accurately as possible. Despite this, slight variations in items may occur. We provide you with product information on https://tashimannox.com If there is anything which you do not understand, or if you wish to obtain further information, please contact our Customer Services team on 01497831167.
Product images are for illustrative purposes only and may differ from the actual product.
We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). We reserve the right to alter all product pricing without notice.
All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.
Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.
Placing an order
You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
The contract is subject to your right of cancellation (see below).
Any order placed by you for goods advertised on our website is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion). Our acceptance of an order takes place when we dispatch the order or send you confirmation by email even if your payment has been processed immediately.
We may refuse in our discretion to accept an order:
(a) where we cannot obtain authorisation for your payment; and/or
(b) if there has been a pricing or product description error; and/or
(c) if you do not meet any eligibility criteria set out in our terms and conditions; and/or
(d) where goods ordered by you are not reasonably available; and/or
(e) if we do not deliver to your area
Where we do not accept your order but have processed your payment, we will re-credit your account with any amount deducted by us from your debit or credit card as soon as possible, but in any event within 30 days of your order. We will not be obliged to pay any additional amount as compensation for disappointment or for any other damage of any kind.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our Website. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
Payment
Payment can be made by any of the options advertised on our website. Payment shall be due before delivery. If payment fails your order will be cancelled. There will be no delivery until clear funds have been received.
Placing a Bespoke Seal or Tattoo Design Order
Due to the nature of the creative process, it is difficult to be precise with delivery expectations for each of these services. Please be aware that when the commission fee is quoted you will also be informed of the expected time of delivery, this is an estimated time only and Tashi Mannox cannot be held responsible for any unforeseen delays. We reserve the right to ask you to enter into a separate contractual agreement dealing with bespoke services / products or with the grant or license to you of any of our intellectual property rights in products and/or services. Such separate agreement may override, alter, supplement, or amend the Terms.
Payment online: Our secure server software encrypts all your payment card details. The process scrambles all the information, allowing no unauthorised third party to intercept the data. Your browser will confirm that you are shopping in a secure environment by showing either a locked padlock icon or an image of a padlock next to the payment details in the relevant area of the Website.
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.
By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with our Privacy Policy. During security checks we may ask for additional information or documentation to help support the data you supplied.
Please be aware that if you are using Paypal as your payment method we reserve the right to not ship to unconfirmed addresses.
Credit card payments are valid for all major currencies as listed here: £ GBP – Great British Pound $ USD – United States Dollar € – Euro $A – Australian Dollar Can$ – Canadian Dollar SwF – Swiss Franc ¥ – Japanese Yen DKr – Danish Krone NKr – Norwegian Krone HK$ – Hong Kong Dollar $NZ – New Zealand Dollar SKr – Swedish Krona S$ – Singapore Dollar
Delivery
We will deliver goods ordered by you as soon as possible to the address you give us for delivery, but in any event within 30 days of your order. However we reserve the right not to make deliveries outside the United Kingdom unless our ordering form provides that facility.
Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as “UNCHECKED”. Failure to do so may affect any warranty claims that you make thereafter.
If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing, at our contact address, of the problem within 10 working days of the delivery of the goods in question.
If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 days from the date on which you ordered the goods.
Consumers: If you refuse the delivery of your order for reasons under the Distance Selling regulations or you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations, Tashi Mannox will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. By exercising your right to cancel you are required to return the goods to Tashi Mannox. If you fail to return the goods to Tashi Mannox we reserve the right to deduct any costs incurred by retrieving the goods from you.
International Shipping
We currently ship our goods worldwide using DHL and UPS. Unfortunately due to restrictions the following countries cannot be delivered to:
Cuba, Falkland Islands, Iran and North Korea
Import Duty
Goods dispatched to other countries outside of the UK may be liable to Import Duty, Tax or VAT. When ordering from us you are agree to pay any such duties which may be imposed by relevant governments.
If you refuse to pay any Import Duty / Tax / VAT imposed and thereby prevent delivery of your order you will remain liable for the purchase price of the product/s and any Import Duty / Tax / VAT or penalty imposed by your government.
Your right of cancellation
This section applies to private consumers only (and not to businesses or other organisations) who order goods or services.
You have the right to cancel your contract with Tashi Mannox at any time up to 10 days after you receive the goods, in line with The Distance Selling Regulations. To cancel your contract in this time frame you must notify us in writing, either by post or by email at [email protected].
You will be responsible for returning the goods to Tashi Mannox at your own cost unless the goods are faulty or mis-described.
No right of cancellation, refund or return exists under the Consumer Protection (Distance Selling) Regulations 2000 once you have used your product, unless the product is defective and you are returning it for this reason.
Upon receipt of the goods You will be credited within 30 days of notifying Tashi Mannox of the cancellation. We will give you a full refund of the amount paid or an exchange credit as required, less (if for any reason these costs have not been paid by you) the costs of delivery to us.
The rights to return the goods under the Distance Selling Regulations will not apply in the following circumstances:
* in the event that the product has been used or returned incomplete
We will not issue refunds for any items lost or stolen in transit to us.
The provisions of this clause do not affect your statutory rights.
Business and other non private consumers may cancel orders prior to our dispatch of the same.
Title for Consumers
Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.
Refund Policy
If you are eligible for a refund, we will refund you back to the payment method you used when you originally paid for your order. Please note: It is your responsibility to notify us of any changes to your card details i.e. you no longer have that account. Refunds can take up to 30 days to process.
Tattoo design templates are non-refundable once the PDF has been opened and downloaded.
Faulty Product, Damaged, or Dead on Arrival
Please note that any Products returned to us which you claim to be defective will be checked and verified by our technicians. Any returned products that are not found to be defective will be returned to you and we shall charge you for the returned transport costs via your original payment method or hold the product until full payment has been received by us for the return transport costs.
If you notify a problem to us under this condition, our only obligation will be, at your option:
(a) to make good any shortage or non-delivery;
(b) to replace or repair any goods that are damaged or defective; or
(c) to refund to you the amount paid by you for the goods in question in whatever way we choose.
Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the products or services in question as above.
Limitation of Liability
Tashi Mannox will not be liable to you for any loss or damage in circumstances where:
(a) There is no breach of a legal duty owed to you by us or our agents;
(b) Such loss or damage is not a reasonably foreseeable result of any such breach;
(c) Any increase in loss or damage resulting from breach by you of any term of this contract.
In any event we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any use of this Website and/or any purchase of a product or service and/or out of any breach by Company of nay Term hereof or of any legislation. We shall have no liability to pay to you any compensation other than to refund to you the amount paid by you for the products or services ordered by you.
Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be lawfully excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
LINKS TO AND FROM OTHER WEBSITES
Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
NEWSLETTERS
Tashi Mannox occasionally sends out a newsletter and/or other informational emails (collectively referred to as “Newsletters”) to all Users. In these Newsletters, we may inform you about new services, features or products. User may choose to unsubscribe from the Newsletter at any time using the unsubscribe option at the bottom of our emails, or by writing to us at [email protected] or following the unsubscribe link contained in each of the emails.
LICENCE AND COPYRIGHT
The Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound and the entire content of the Website is copyrighted as a collective work under UK and International copyright laws. We own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not reproduce, distribute, make available, modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the Website content, in whole or in part. Except as otherwise expressly permitted under copyright law or these Terms, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of Company and the copyright owner. Elements of the Website are protected by trade dress, trademark, unfair competition and other laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.
In accordance with UK and International law, any notifications of claimed copyright infringement should be sent to us immediately. Such notification can be sent by email, to [email protected] or by letter to: Tashi Mannox, The Pond House, Hardwicke, Hay-on-Wye, Herefordshire, HR3 5ES.
Copyright Infringement – Digital Millennium Copyright Act
If operating in America: The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are a copyright owner or an agent thereof and believe in good faith that materials hosted by Company infringe your copyright, you (or your agent) may send Company a notice requesting that the material be removed or access to it blocked by providing Company’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Company to locate the material;
- Information reasonably sufficient to permit the Company to contact you, such as a name, address, telephone number, and, if available, an e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
Company reserves the right to make a counter notice of your infringement Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to : Tashi Mannox, The Pond House, Hardwicke, Hay-on-Wye, Herefordshire, 237, HR3 5ES.
Company suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Any rights not expressly granted in these Terms are reserved.
REGISTRATION
To register with https://tashimannox.com you must be at least 18 years of age.
Each registration is for a single user only, whether or not acting on behalf of a company or other organisation. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
User must complete the registration process by providing Company with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a User name.
Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
User is entirely responsible for maintaining the confidentiality of any password and account information. Furthermore, User is entirely responsible for any and all activities that occur under its account. User agrees to notify Company immediately of any unauthorised use of their account or any other breach of security. Company will not be liable for any loss that may incur as a result of someone else using User’s password or account, either with or without their knowledge. However, User could be held liable for losses incurred by Company or another party due to someone else using their account or password
We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
We may deny access to any User, at any time, and for any reason. In addition, Company may, at any time, transfer rights and obligations under these Terms to any current or future Company subsidiary or business unit, or any companies or divisions or any entity that acquires Company or any of its assets.
FORCE MAJEURE
Without limiting the foregoing, under no circumstances shall Company be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, pandemics, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of 3rd-parties, or loss of or fluctuations in heat, light, or air conditioning.
LIABILITY
Company may modify, suspend, discontinue or restrict the use of any portion of the Company Website, including the availability of any portion of the content at any time, without notice or liability.
User acknowledges and agrees that it is virtually impossible to achieve continuous, uninterrupted availability of any Website. While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
INDEMNITY
User agrees to indemnify, defend and hold harmless Company and each of its respective advertisers, partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors, agents and sub-licensees, from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys’ fees and court costs) arising from or relating to any allegation regarding any violation of these Terms by User
GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.
We do not warrant that materials, services or information for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
If any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. User agrees to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision that most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favourably, when possible, to the benefit of Company.
MISCELLANEOUS
Section Titles : The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
Incident Reporting : Any complaints regarding violations of these Terms by Company should first be directed to Customer Service at [email protected]. Where possible, include details that would assist Company in investigating and resolving the complaint
Complaints Procedure : We are very proud of our high standards of customer service however, in the event that we fail in meeting these standards, please do not hesitate to contact us at The Pond House, Hardwicke, Hay-on-Wye, Herefordshire, HR3 5ES.
ONLINE ACCEPTANCE
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
No person other than the parties to these terms and conditions are intended to benefit from them pursuant to the Contracts (Rights of Third Parties) Act 1999.
These Terms represent the entire understanding between User and Company and supersedes any prior statements or representations. USER AGREES TO THE TERMS OF THIS ONLINE AGREEMENT, by using the Website, its services, sign up, posting, downloading and uploading content, and understands that User is entering into a binding and legal agreement with Company.
User agrees to file any claim regarding any aspect of this Website or these Terms within six (6) months of the time in which the events giving rise to such alleged claim began, or User agrees to waive such claim. User also agrees that no claim subject to these Terms may be brought as a class action or in any other jurisdiction than English courts.
These Terms and Conditions were last updated, and became effective, on 16/03/2021
Contact Information : Our contact details are as follows:
Company Name: Tashi Mannox, The Pond House, Hardwicke, Hay-on-Wye, Herefordshire, HR3 5ES. General email: [email protected]
Telephone number: +44 1497831167
