TERMS & CONDITION Terms & Condition

Please read these conditions carefully before using the Tivolis Design website. By using the Tivolis Design website, you signify your agreement to be bound by these conditions. In addition, when you use any current or future Tivolis Design service, you will also be subject to the guidelines and conditions applicable to that service.

1. YOUR ACCOUNT

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the My Account area of the website.

Tivolis Design reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.

2. PRIVACY

Please review our Privacy Notice, which also governs your visit to Tivolis Design, to understand our practices.

3. ACCESS TO Tivolis Design

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

4. LICENCE FOR WEBSITE ACCESS

Tivolis Design grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Tivolis Design. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Tivolis Design and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Tivolis Designs’ or its affiliates' names or trademarks without the express written consent of Tivolis Design. Any unauthorised use terminates the permission or license granted by Tivolis Design.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of Tivolis Design as long as the link does not portray Tivolis Design, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.

5. YOUR CONDUCT

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.

You understand that you, and not Tivolis Design, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.

You must not use the website for any of the following:

6. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Tivolis Design reserves the right (but not the obligation) to remove or edit any content.

If you do post content or submit material, and unless we indicate otherwise, you

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Tivolis Design, including the execution of deeds and documents, at the request of Tivolis Design.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to Tivolis Design: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Tivolis Design policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Tivolis Design and its affiliates for all claims brought by a third party against Tivolis Design or its affiliates arising out of or in connection with a breach of any of these warranties.

7. DEFAMATION CLAIMS

Because Tivolis Design lists thousands of products for sale on the website and hosts many thousands of comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, Tivolis Design operates on a "notice and takedown" basis. If you believe that any content on, or advertised for sale on, the website contains a defamatory statement, please contact us immediately. Once contacted, Tivolis Design will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.

8. COPYRIGHT, AUTHORS' RIGHTS AND DATABASE RIGHTS

All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Tivolis Design, its affiliates or its content suppliers and is protected by international copyright, database right laws. The compilation of all content on this website is the exclusive property of Tivolis Design and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this website is the property of Tivolis Design, our affiliates or our software suppliers and is protected by United Kingdom and international copyright laws.

You may not systematically extract and/or re-utilise parts of the contents of the website without Tivolis Design's express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Tivolis Design's express written consent. You also may not create and/or publish your own database that features substantial (eg our prices and product listings) parts of this website without Tivolis Design's express written consent.

9. INTELLECTUAL PROPERTY CLAIMS

Tivolis Design and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please contact us.

10. TRADEMARKS

Tivolis Design and other marks indicated on our website are trademarks or registered trademarks of Tivolis Design or its subsidiaries, in the European Union and/or other jurisdictions. Tivolis Design's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Tivolis Design. Tivolis Design's trademarks and trade dress may not be used in connection with any product or service that is not Tivolis Design's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Tivolis Design. All other trademarks not owned by Tivolis Design that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Tivolis Design.

11. CONDITIONS RELATING TO THE SALE OF PRODUCTS TO YOU

Title of Goods
Title to the goods does not pass to the purchaser until the goods have been paid for in full.

Claims and Shortages
Notification of damage or shortages must be made to Tivolis Design as soon as possible and certainly within 7 days of receipt of goods. Notification of non-delivery must be made within 14 days of invoice date.

Product Descriptions
We are careful to ensure that descriptions and photographs represent correctly the products available. As it is our policy to continually improve products, methods and materials, we reserve the right to change specifications from time to time. We will not make any significant variations without your agreement. Goods sold at discount prices as remnants or as substandard stock will be identified and will be stated to be sold as such.

Your Right to Cancel
We offer a ‘no quibble’ refund policy for any goods (other than those listed in our returns policy) for any goods returned within 14 days of receipt so long as they are in "Perfect Condition" and fit for "Re-Sale" at their full selling price. This will not affect your statutory rights.

Summary of Rights and Remedies According to The Sale of Goods Act 1979

Buyers are entitled to goods of satisfactory quality, taking account of any description, the price and other relevant circumstances. If an item has a fault that is present at the time of sale (sometimes referred to as an "inherent" fault), the consumer can complain once it is discovered.

Remedies
If a product that was faulty at the time of sale is returned to the retailer, the buyer is legally entitled to:

Additional rights for consumers
Alternatively, consumers can choose to request instead:

It may be the case that a full refund is not the reasonable option because the consumer will have enjoyed some benefit from the goods before the problem appeared. This needs to be taken into account before a reasonable partial refund can be assessed – In the case of hockey sticks where their expected life is one season (9 months), any refund offered would take into account the age of the stick based on their expected life. In the case of cricket bats where their expected life is two seasons (18 months), any refund offered would take into account the age of the bat based on their expected life.

12. OUR CONTRACT

When you place an order to purchase a product from Tivolis Design, we will send you an email confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send email confirmation to you that we've dispatched that product to you (the "Dispatch Confirmation Email. That acceptance will be complete at the time we send the Dispatch Confirmation Email to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation Email to have been dispatched do not form part of that contract.

13. RETURNS

Please review our Returns Policy, which applies to products purchased from us. In addition to your 14-day returns guarantee, customers in the European Union are entitled to a statutory cooling-off period of seven business days. Details of this statutory right are provided in the Returns Policy.

14. PRICING AND AVAILABILITY

We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by email if any products you order turn out to be unavailable.

Despite our efforts, a small number of the thousands of products in our catalogue may be mispriced. Rest assured, however, that we verify prices as part of our dispatch procedures. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.

All prices listed are inclusive of VAT, unless otherwise stated. All orders to address within EU member states will be charged VAT at the current rate, where applicable. For more inofrmation please review our Payment Options and VAT guide.

15. CUSTOMS

When ordering goods from Tivolis Design for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Tivolis Design, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities. For more information see Customs Information.

16. HEALTH & SAFETY

By purchasing any product, you acknowledge that you have read and understood our Health & Safety Guidelines.

17. ELECTRONIC COMMUNICATIONS

When you visit Tivolis Design or send emails to us, you are communicating with us electronically. We communicate with you by email or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically 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. This condition does not affect your statutory rights.

18. ALTERATION OF SERVICE OR AMENDMENTS TO THE CONDITIONS

We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

19. EVENTS BEYOND OUR REASONABLE CONTROL

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

20. WAIVER

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

21. GOVERNING LAW AND JURISDICTION

These conditions are governed by and construed in accordance with the laws of the United Kingdom, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the non-exclusive jurisdiction of the courts of the United Kingdom.

22. OUR DETAILS

This website is owned and operated by Tivolis Design.
Tivolis Design
74 Forest Road
Leicester
LE5 0DG

23. DISCLAIMER

To the fullest extent permitted by law, Tivolis Design is providing this web site and its contents on an "as is" basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this web site or the information, content, materials or products included in this site including, without limitation, warranties of merchantability and fitness for a particular purpose. In addition, Tivolis Design does not represent or warrant that the information accessible via this web site is accurate, complete or current. Price and availability information is subject to change without notice.

Except as specifically stated on this Web site, to the fullest extent permitted at law, neither Tivolis Design nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this Web site or the information, content, materials or products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, Tivolis Design does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of Tivolis Design, its affiliates, directors, employees or other representatives.

No contract will subsist between you and Tivolis Design for the sale by it to you of any product unless and until Tivolis Design accepts your order by e-mail confirming that it has despatched your product. For the avoidance of doubt, any such contract will be deemed to have been concluded in the United Kingdom. Further, any such contract will be interpreted, construed and enforced in all respects in accordance with the laws of England, and you and Tivolis Design irrevocably submit to the non-exclusive jurisdiction of the English Courts.

Should you require further clarification about our disclaimer, we suggest you contact a solicitor.