TERMS AND CONDITIONS OF BUSINESS (1ST OCTOBER 2006)
Welcome to the TMK-Poster.com
TIM MCKENNA, is registered at the Bordeaux Chambre de Commerce,
SIRET No. 485 210 629 00013
RCS Bordeaux
RC 43747 A
No intracommunautaire: FR41485210629
Legal representative in France: DEEPIX, 34/36 rue Laure Gatet, 33000 Bordeaux.
TERMS OF USE AGREEMENT
Please read these conditions carefully before using this website.
This Terms of Use Agreement (“Agreement”) is a legal agreement between you (“User”) and Tim McKenna that governs your use of this website. By using this TMK-Poster website (the “Website”), the User acknowledges that he or she has read, understood and agrees to comply with the terms and conditions stated within this Agreement.
Tim McKenna may amend these terms and conditions at any time. The User’s continued use of this Website and placing of an order through this Website constitutes acceptance of the terms and conditions stated at the time of use.
The User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in this website (“Content”) is protected by copyrights, trademarks, and other proprietary rights and laws. The User may not copy, reproduce, distribute or create derivative works from this Content or use this Content in any way other than as expressly authorised by this Agreement or without Tim McKenna’s prior, express authorization.
COPYRIGHT
The design and all material, images and texts contained in this Website are copyrighted © Tim McKenna. All rights reserved, unless otherwise credited.
No part of this website may be copied or reproduced in any form, stored in any retrieval system or transmitted in any form by any means, other than normal internet browsing, whether electronic, mechanical, photocopying, recording or otherwise without the prior express authorisation of Tim McKenna. All reproduction or other usages require prior express authorisation and will attract a fee.
All brand names, logos and trademarks on this site are the property of their respective owners.
THIRD PARTY LINKS
Any links to third party websites, owned or not by Tim McKenna, are provided for the User’s information and convenience only. These third party sites are not under the control of Tim McKenna and the User acknowledges that Tim McKenna is not responsible or liable for any content, advertising, products or other materials available from such third party sites. Where Tim McKenna provides a link to third party websites this does not mean that he authorises, sponsors or endorses the use of these sites or their contents or that he is affiliated with them. The User also agrees that Tim McKenna shall not be liable for any loss or damage of any sort incurred as a result of using any third party’s website. All access to these sites is entirely at the User’s own risk.
.
PERSONAL DATA PROTECTION
Tim McKenna needs personal data in order to fulfil your requests. It is for internal use by Tim McKenna who is responsible for the processing and preserving of requests and he will take all reasonable measure at his disposal to preserve the confidentiality of this personal data.
This data will not be given to third parties except for those agencies in charge of hosting the site or managing its content.
Tim McKenna informs the User that non-personal information resulting from his or her browsing of the site may be logged when he or she enters the site (pages visited, date and hour of connection, browsing period, etc).
In accordance with Article 34 of the French 1978 Computing and Freedom Act, the User has a right to access, modify, rectify or suppress any data concerning him or herself collected when he or she fills in the forms on this site. The requested changes will be made as soon as possible and at the latest within 10 days of the request which should be sent to the following address.
Tim McKenna,
13 rue Méret,
33000 Bordeaux,
France.
.
LIABILITY LIMITATION
The User expressly understands and agrees that Tim McKenna shall not be liable for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exempt or otherwise) resulting from any use of, or inability to use, this Website, or resulting from any errors or omissions in the content of this Website, regardless of the basis upon which liability is claimed, even if Tim McKenna has been advised of the possibility of such loss or damage.
DISCLAIMER OF GUARANTEES/ERROR AND OMISSIONS
Great care has been taken in the preparation of this Internet Website to insure its accuracy. However Tim McKenna assumes no liability or responsibility for any errors, omissions or inconvenience arising.
The Website provides information on Tim McKenna products, posters and prints available for purchase. While every effort is made to ensure that all information and prices displayed on the Website are accurate and up to date at the time of publication, we reserve the right to make any changes or withdrawals necessary, without prior notice, at any time. Specifications and product descriptions are for guidance only, and cannot be guaranteed accurate. We will endeavour to correct any errors or omissions brought to our attention. If you find an error please let us know via our Contact Us section.
Tim McKenna makes no guarantee that these Websites will meet your requirements or that it will be uninterrupted, timely, secure or error free nor does Tim McKenna make any guarantee as to the results that may be obtained from the use of this Website or as to the accuracy of the content or reliability of any information obtained through this Website. The User understands and agrees that any content downloaded or otherwise obtained through the use of this Website is done at the User’s own risk and that the User will be solely responsible for any damage done to the User’s computer system or loss of data that results from the download of such content.
The User must check that the computer configuration he or she uses is in perfect working order and is exempt from any computer virus.
The User commits himself to not posting, voluntarily or otherwise, any file that might contain any viruses or other contaminating or destructive devices or features that might interfere with the proper functioning of this site. These criminal acts could lead to legal proceedings.
Tim McKenna reserves the right to monitor all postings and to remove any which he considers to be offensive or otherwise a breach of this Agreement.
.
ORDERS, RETURNS, DELIVERY
We reserve the right to withdraw any item from sale, at any point prior to despatch, for whatever reason. You will be informed promptly if such a situation arises.
PRICING
Prices on the Website are indicated in euros inclusive of VAT for France, net of VAT for other countries. These prices do not include postage, processing, packaging and postage costs. Payment can be made by bank card. If a payment is made by cheque, the cheque must be made out in euros and drawn on a French bank.
Tim McKenna cannot be held responsible for any extra charges (local VAT, taxes, import duties, customs charges) that may be demanded of the purchaser on arrival of the goods at their destination.
Please note that we do not debit your card until your order has been despatched and it is at this point that our contract with you commences.
Cancelling Your Order
You have the right to cancel your order anytime prior to despatch. Please do this via email to: sales@tim-mckenna.com.
Return of Goods
We aim to give complete satisfaction. If you are not satisfied with your order, you have 10 days in which to return it in perfect condition, in its original packing and quoting the original transaction code number.
If you exercise your right to cancel your order after the goods have been despatched, you will be responsible for returning the goods to us at your own risk and cost. You must take full care that the goods returned to us are not damaged in the meantime or in transit, otherwise this may preclude a refund. We strongly recommend that you use an insured delivery method.
All returns are subject to the following conditions:
No refund will be processed until the returned goods have been received back in our warehouse.
Please state reason for the return of goods. No refund will be made and return costs remain at your charge unless Tim McKenna is at fault. Cash on delivery is not accepted.
No items specifically made to individual specifications or personalised will be refunded.
Once you have notified Tim McKenna that you are cancelling your order and we have received the goods back undamaged, you will be refunded or credited within a maximum of 30 days for any sum that has been paid by you or debited from your payment card for the returned goods. This refund will be made either as a credit to your bank card, or by bank transfer or as a credit note. Please enclose details with your parcel.
Where we have made a charge for postage, this will be deducted from your refund if the goods have already been despatched to you. Costs for processing of your order and shipping cannot be refunded.
Complaints
We value our customers’ satisfaction very highly. If you have any complaints regarding the site or your order from this site, please email us at: sales@tim-mckenna.com.
PRODUCT AND DELIVERY GUARANTEES
The customer should supply an address to which delivery can be made during normal working hours. Tim McKenna agrees to deliver all available products as quickly as possible as soon as the order has been confirmed and paid for by the customer.
Delivery times depend on the destination country. Freight costs are calculated according to destination and the number of items ordered. All parcels are sent via postal services.
Possible delays do not give the customer the right to cancel the order, to refuse the goods or to ask for compensation or damages. In the case of damaged goods or non-delivery, the customer should send a letter of complaint to the carrier at the time of delivery, or to our after-sales service within 48 hours of receipt of the product, by post, email or by fax.
All faulty items can be returned to us within ten days following receipt of the order, in the original packing, stating the reason for the return as well as the transaction code. We will exchange a faulty item as soon as possible.
EVENTS BEYOND OUR CONTROL
Tim McKenna cannot be held responsible for delivery problems, damage, and delays beyond his control, (e.g. strikes, floods, fire, cases of war, riot, insurrection, transport, import or export problems, shortages, earthquake, storms, etc….). Neither can he be held responsible for the use of products ordered from his site or of their content, the customer being the only person responsible for their use by himself or a third person.
LEGISLATION/LITIGATION
The full range of products proposed for sale on this Website complies with French law.
These conditions are governed by and construed in accordance with the laws of France and you agree to submit to the non-exclusive jurisdiction of the courts of Bordeaux, France.
In case of litigation regarding the User’s contract, purchase, goods, or payment, the relevant jurisdiction in Bordeaux, France, is the only competent authority, no matter what the country of payment, country of residence of purchaser or origin of the order. All orders are subject to our terms and conditions.
Welcome to the TMK-Poster.com
TIM MCKENNA, is registered at the Bordeaux Chambre de Commerce,
SIRET No. 485 210 629 00013
RCS Bordeaux
RC 43747 A
No intracommunautaire: FR41485210629
Legal representative in France: DEEPIX, 34/36 rue Laure Gatet, 33000 Bordeaux.
TERMS OF USE AGREEMENT
Please read these conditions carefully before using this website.
This Terms of Use Agreement (“Agreement”) is a legal agreement between you (“User”) and Tim McKenna that governs your use of this website. By using this TMK-Poster website (the “Website”), the User acknowledges that he or she has read, understood and agrees to comply with the terms and conditions stated within this Agreement.
Tim McKenna may amend these terms and conditions at any time. The User’s continued use of this Website and placing of an order through this Website constitutes acceptance of the terms and conditions stated at the time of use.
The User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in this website (“Content”) is protected by copyrights, trademarks, and other proprietary rights and laws. The User may not copy, reproduce, distribute or create derivative works from this Content or use this Content in any way other than as expressly authorised by this Agreement or without Tim McKenna’s prior, express authorization.
COPYRIGHT
The design and all material, images and texts contained in this Website are copyrighted © Tim McKenna. All rights reserved, unless otherwise credited.
No part of this website may be copied or reproduced in any form, stored in any retrieval system or transmitted in any form by any means, other than normal internet browsing, whether electronic, mechanical, photocopying, recording or otherwise without the prior express authorisation of Tim McKenna. All reproduction or other usages require prior express authorisation and will attract a fee.
All brand names, logos and trademarks on this site are the property of their respective owners.
THIRD PARTY LINKS
Any links to third party websites, owned or not by Tim McKenna, are provided for the User’s information and convenience only. These third party sites are not under the control of Tim McKenna and the User acknowledges that Tim McKenna is not responsible or liable for any content, advertising, products or other materials available from such third party sites. Where Tim McKenna provides a link to third party websites this does not mean that he authorises, sponsors or endorses the use of these sites or their contents or that he is affiliated with them. The User also agrees that Tim McKenna shall not be liable for any loss or damage of any sort incurred as a result of using any third party’s website. All access to these sites is entirely at the User’s own risk.
.
PERSONAL DATA PROTECTION
Tim McKenna needs personal data in order to fulfil your requests. It is for internal use by Tim McKenna who is responsible for the processing and preserving of requests and he will take all reasonable measure at his disposal to preserve the confidentiality of this personal data.
This data will not be given to third parties except for those agencies in charge of hosting the site or managing its content.
Tim McKenna informs the User that non-personal information resulting from his or her browsing of the site may be logged when he or she enters the site (pages visited, date and hour of connection, browsing period, etc).
In accordance with Article 34 of the French 1978 Computing and Freedom Act, the User has a right to access, modify, rectify or suppress any data concerning him or herself collected when he or she fills in the forms on this site. The requested changes will be made as soon as possible and at the latest within 10 days of the request which should be sent to the following address.
Tim McKenna,
13 rue Méret,
33000 Bordeaux,
France.
.
LIABILITY LIMITATION
The User expressly understands and agrees that Tim McKenna shall not be liable for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exempt or otherwise) resulting from any use of, or inability to use, this Website, or resulting from any errors or omissions in the content of this Website, regardless of the basis upon which liability is claimed, even if Tim McKenna has been advised of the possibility of such loss or damage.
DISCLAIMER OF GUARANTEES/ERROR AND OMISSIONS
Great care has been taken in the preparation of this Internet Website to insure its accuracy. However Tim McKenna assumes no liability or responsibility for any errors, omissions or inconvenience arising.
The Website provides information on Tim McKenna products, posters and prints available for purchase. While every effort is made to ensure that all information and prices displayed on the Website are accurate and up to date at the time of publication, we reserve the right to make any changes or withdrawals necessary, without prior notice, at any time. Specifications and product descriptions are for guidance only, and cannot be guaranteed accurate. We will endeavour to correct any errors or omissions brought to our attention. If you find an error please let us know via our Contact Us section.
Tim McKenna makes no guarantee that these Websites will meet your requirements or that it will be uninterrupted, timely, secure or error free nor does Tim McKenna make any guarantee as to the results that may be obtained from the use of this Website or as to the accuracy of the content or reliability of any information obtained through this Website. The User understands and agrees that any content downloaded or otherwise obtained through the use of this Website is done at the User’s own risk and that the User will be solely responsible for any damage done to the User’s computer system or loss of data that results from the download of such content.
The User must check that the computer configuration he or she uses is in perfect working order and is exempt from any computer virus.
The User commits himself to not posting, voluntarily or otherwise, any file that might contain any viruses or other contaminating or destructive devices or features that might interfere with the proper functioning of this site. These criminal acts could lead to legal proceedings.
Tim McKenna reserves the right to monitor all postings and to remove any which he considers to be offensive or otherwise a breach of this Agreement.
.
ORDERS, RETURNS, DELIVERY
We reserve the right to withdraw any item from sale, at any point prior to despatch, for whatever reason. You will be informed promptly if such a situation arises.
PRICING
Prices on the Website are indicated in euros inclusive of VAT for France, net of VAT for other countries. These prices do not include postage, processing, packaging and postage costs. Payment can be made by bank card. If a payment is made by cheque, the cheque must be made out in euros and drawn on a French bank.
Tim McKenna cannot be held responsible for any extra charges (local VAT, taxes, import duties, customs charges) that may be demanded of the purchaser on arrival of the goods at their destination.
Please note that we do not debit your card until your order has been despatched and it is at this point that our contract with you commences.
Cancelling Your Order
You have the right to cancel your order anytime prior to despatch. Please do this via email to: sales@tim-mckenna.com.
Return of Goods
We aim to give complete satisfaction. If you are not satisfied with your order, you have 10 days in which to return it in perfect condition, in its original packing and quoting the original transaction code number.
If you exercise your right to cancel your order after the goods have been despatched, you will be responsible for returning the goods to us at your own risk and cost. You must take full care that the goods returned to us are not damaged in the meantime or in transit, otherwise this may preclude a refund. We strongly recommend that you use an insured delivery method.
All returns are subject to the following conditions:
No refund will be processed until the returned goods have been received back in our warehouse.
Please state reason for the return of goods. No refund will be made and return costs remain at your charge unless Tim McKenna is at fault. Cash on delivery is not accepted.
No items specifically made to individual specifications or personalised will be refunded.
Once you have notified Tim McKenna that you are cancelling your order and we have received the goods back undamaged, you will be refunded or credited within a maximum of 30 days for any sum that has been paid by you or debited from your payment card for the returned goods. This refund will be made either as a credit to your bank card, or by bank transfer or as a credit note. Please enclose details with your parcel.
Where we have made a charge for postage, this will be deducted from your refund if the goods have already been despatched to you. Costs for processing of your order and shipping cannot be refunded.
Complaints
We value our customers’ satisfaction very highly. If you have any complaints regarding the site or your order from this site, please email us at: sales@tim-mckenna.com.
PRODUCT AND DELIVERY GUARANTEES
The customer should supply an address to which delivery can be made during normal working hours. Tim McKenna agrees to deliver all available products as quickly as possible as soon as the order has been confirmed and paid for by the customer.
Delivery times depend on the destination country. Freight costs are calculated according to destination and the number of items ordered. All parcels are sent via postal services.
Possible delays do not give the customer the right to cancel the order, to refuse the goods or to ask for compensation or damages. In the case of damaged goods or non-delivery, the customer should send a letter of complaint to the carrier at the time of delivery, or to our after-sales service within 48 hours of receipt of the product, by post, email or by fax.
All faulty items can be returned to us within ten days following receipt of the order, in the original packing, stating the reason for the return as well as the transaction code. We will exchange a faulty item as soon as possible.
EVENTS BEYOND OUR CONTROL
Tim McKenna cannot be held responsible for delivery problems, damage, and delays beyond his control, (e.g. strikes, floods, fire, cases of war, riot, insurrection, transport, import or export problems, shortages, earthquake, storms, etc….). Neither can he be held responsible for the use of products ordered from his site or of their content, the customer being the only person responsible for their use by himself or a third person.
LEGISLATION/LITIGATION
The full range of products proposed for sale on this Website complies with French law.
These conditions are governed by and construed in accordance with the laws of France and you agree to submit to the non-exclusive jurisdiction of the courts of Bordeaux, France.
In case of litigation regarding the User’s contract, purchase, goods, or payment, the relevant jurisdiction in Bordeaux, France, is the only competent authority, no matter what the country of payment, country of residence of purchaser or origin of the order. All orders are subject to our terms and conditions.