Terms and conditions

TERMS AND CONDITIONS OF USE —Talking Things Limited

1. Who we are:
   We are TalkingThings Limited, a company incorporated in England and Wales, company number 12878432, hereafter called “TalkingThings”. These Terms and Conditions of Use (“Terms”) apply to use of the website (“Website”) operated by TalkingThings at www.talkingthings.store and govern the use of, and any contract relating to any products (“Products”) purchased through, the Website which has been set up to allow individuals to buy Products from third party manufacturers and/or retailers.

2. TalkingThings role:
   TalkingThings acts as an agent for the seller (“Vendor”) of any Products offered for sale on the TalkingThings website, but not as a seller, and is authorised by the Vendor to agree with a buyer the terms of the sale of any such Product(s) and also to enter into the sale agreement as agent of the Vendor only with the effect that TalkingThings is not a party to the contract for sale and has no liability to the buyer under the sale contract.

3. Website use:
   3.1       Where, on the Website or in these Terms, we refer to “you" or "your" we mean you, the person using the Website.
   
   3.2       By using the Website you agree to abide by these Terms and your continued use of the Website will be taken to be your unqualified acceptance of them. If therefore you do not agree to these Terms but continue to use the website then your continued use will be without our permission. By placing an order with TalkingThings via the Website, you agree to be legally bound by these Terms which you will be deemed to have read, understood and accepted whether or not you have.
   
   3.3       We give no guarantee that any or all of the features of the Website will work on any particular electronic device.
   
   3.4       From time to time we may in our absolute discretion make alterations to these Terms and such altered Terms shall replace any previous Terms in so far as the use of the Website or the purchase of Products through it are concerned. Your continued use of the Website will be your confirmation of your acceptance of not only these Terms but also of any amended Terms.
   
   3.5       All images of the Products placed on the Website are for illustrative purposes only and we do not guarantee that the reproduction of an image on a user’s computer screen will accurately reflect the true colours of the Products.
   
   3.6       By using the Website you agree not to use it 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 are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only; in particular you agree not to do or permit to be done on or from your computer anything which would constitute a criminal offence under the Computer Misuse Act 1990 or other legislation. We reserve the right to report any such breach to the law enforcement authorities and to disclose your identity to them.
   
   3.7       We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms.
   
   3.8       You agree that your comments will not violate any right or any third-party rights and agree that your comments will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or any connected facility. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
   
   3.9       Any new features or tools which are added to the Website shall also be subject to these Terms. You can review the current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page for changes each time that you use it. Your continued use of or access to the website following the posting of any changes constitutes your acceptance and your understanding of those changes.

4. Products offered for sale on the Website:
   
   4.1       The information regarding the Products displayed or referred to on the Website is based on information provided to us by the Vendor (who remains solely responsible for it) and, while we endeavour to incorporate and display that information accurately, we cannot always  guarantee that the information is accurate, complete and/or error free in all respects. We are happy to answer (but only by e-mail) pre-purchase enquiries sent to us by e-mail.
   
   4.2       TalkingThings cannot guarantee that particular Products or Vendors’ products will always be available through the Website as they may become unavailable at short notice due to their personal or individual nature and the small quantities produced. We are not responsible for the listings on the Website. We do not review or control, and are not responsible in any way for information and indications of availability provided by Vendors.
   
   4.3       All descriptions of Products pricing are subject to change at any time without notice, at our sole and absolute discretion. We reserve the right to discontinue any Product at any time.
   
   4.4       We do not permit Vendors to offer a flawed Product or Products of a lesser quality than those market standards appropriate for sales of that type of Item on our Website.
   
   4.5       If an Item you have ordered is not as described, is flawed or of a lower quality, you can return it (please see our Returns Policy and Form on the Website) and we will liaise with the Vendor.
   
   4.6       As a consumer, you have statutory legal rights in relation to Products that are faulty or not as described and nothing in these Terms will detract from your statutory legal rights. Advice concerning your legal rights is available from your local Citizens' Advice Bureau or Trading Standards Office.
   
   4.7       The Products sold through the Website are supplied for your domestic and private use only and not for any commercial, business or resale purpose. Neither TalkingThings nor the Vendors shall have any liability to you for any loss of business, loss of profit, loss of business opportunity or other consequential loss.
   
   4.8       We reserve the right at our sole and absolute discretion (but we are not obliged to exercise such right) to limit the sales of our products to any person.  We may exercise this right on a case-by-case basis. We further reserve the right to limit the quantities of any Products that we offer.

5. Orders for the purchase of Products:
   
   5.1       To place an order for any Products you must be over the age of 18 years and hold or be an authorised user of a valid debit or credit card. In placing an order, you are thereby guaranteeing that the information that you give to us is accurate, that you are an authorised user of the debit or credit card used to place your order and that there are adequate funds in the account to cover the cost of the order placed by you.
   
   5.2       By your completing the check­out process and placing an order through the TalkingThings website you acknowledge that you are offering to purchase the requested Product(s) from the appropriate Vendor(s) and that your order for the Product(s) is subject to these Terms which are deemed to be incorporated in the contract between you and the appropriate Vendor.
   
   5.3       All orders so placed on the TalkingThings website are subject to such Product(s) being confirmed by the relevant Vendor(s) to us as available and to confirmation by us of the order price.
   
   5.4       You should read these Terms and then please check your order at each stage of the order process to ensure that the information that you provide is accurate.
   
   5.5       After you place an order via the Website, an order summary will be shown to you on the Website and sent to you by e-mail summarising the Product(s) you have ordered.  This order summary does not mean that TalkingThings  has accepted your order: at this stage of your order we shall be carrying out the checks explained below.
   
   5.6       We endeavour to ensure that all details, descriptions, photographs and illustrations (if any) and prices that we display on the Website are accurate, but as this information is provided to us by the Vendors, there may be cases where errors occur. If we discover an error in the description or price of any Product(s) that you have ordered, we will inform you of this as soon as possible prior to acceptance of the order by us and, as agents only of the Vendor, give you the option of re-placing your order at the correct price or of cancelling your order. If we are unable to contact you and obtain your response (both by e-mail) within 7 days of your placing the order, then the order will be deemed to be cancelled and any payment by you will be refunded as soon as is practicable or, if you cancel the order prior to dispatch and you have already paid for the Product(s) a full refund will be made on the same basis.
   
   5.7       We try to ensure that all images and details of the Product(s) appearing on the Website are accurate at the time you place your order. Sometimes this may mean that TalkingThings cannot accept your order on the Vendor’s behalf if we only discover an error as part of our order processing checks.
   
   5.8       After you place your order, TalkingThings checks: that the Product is in stock, that there are no pricing errors on the Website, that there are no problems with the payment details you provided to us, and that you have passed any anti-fraud, credit and security checks. If TalkingThings cannot accept your order for one of these reasons, we shall inform you by email.
   
   5.9       You will receive a dispatch confirmation e-mail from TalkingThings once we have completed the checks related to your order, and all of those have been passed. The contract is then formed between you and the Vendor(s) of the Item(s) that you have ordered at the time that we send you the dispatch confirmation email.
   
   5.10     However, we reserve the right not to submit your order to the Vendor, and the Vendor reserves the right not to accept your order if, inter alia, either (i) the Product ordered is not in stock, or (ii) has been withdrawn by the Vendor, or (iii) is otherwise and for any reason unavailable, or (iv) if we are unable to obtain authorisation for your payment, or (v) if you do not meet another condition of these Terms.
   
   5.11     The estimated delivery date of the Product(s) for which orders have been accepted will be sent to you in the e-mail confirming acceptance of the order. We shall try to ensure that your order is delivered by the estimated date for delivery, but where delivery is delayed for reasons beyond our reasonable control we shall try to arrange for your Product(s) to be delivered as soon as is reasonably possible thereafter. However, we shall not be liable to you for any losses of whatever nature arising from such delay. Delivery dates may also vary according to the availability of the Products ordered and your delivery location. Such dates are our best reasonable estimate only based on information from the Vendor and are not guaranteed, nor is time of the essence. Multiple Product(s) in accepted orders may arrive in more than one delivery at differing times.
   
   5.12     You may need to sign an acceptance of the delivery (depending on the Product(s) and the policy of the Vendor) but if no one is available at your nominated address to sign an acceptance of delivery then the carrier will leave a note confirming that delivery has been attempted and that you will need to contact them to rearrange the delivery.
   
   5.13     You can cancel your order at any time before you receive our order confirmation e-mail or at any time during the 14 calendar days from the day after the date on which the Products  were delivered. If your order was delivered in multiple batches, and/or from different Vendors, then this timeframe starts on the day after the last Product in your order from the relevant Vendor was delivered to you.
   
   You should make the cancellation in accordance with our Faulty Goods or Returns Policy by completing the Returns Form on the Website and e-mailing it to us in accordance with the policy. We shall then deal with your cancellation in accordance with that policy.

6. Returns, Rejections and Complaints:
   
   6.1       Please see our Returns Policy for information on returns and exchanges.
   
   6.2       We operate a complaints handling procedure (detailed in our Complaints Policy) which we will use to try to resolve disputes when they first arise so please let us know by e-mail if you have any complaints.
   
   6.3       If you cancel within 14 days of delivery because you’ve changed your mind, we will refund the price paid for the products to you provided that you return the Product unused, undamaged and unworn, in the same condition you received it, as well as all the packaging and included accessories.
   
   6.4       We shall reduce or cancel your refund if you’ve changed your mind and can’t manage to meet the return requirements above, or if the Product is worn or damaged and it is no longer in a re-saleable condition when returned to the Vendor.
   
   6.5       You will usually receive your refund within 14 days of TalkingThings receiving the Product back from you, or within 14 days of your cancellation notice if  the Product(s) have not yet been dispatched.
   
   6.6       If a Product that you have ordered from TalkingThings develops a fault, is incorrectly described or not of satisfactory quality, you have a right to a refund. You can also request an exchange.  You need to tell us about any problems like this within fourteen (14) days from the day after the date of the delivery of that Product to you. Once we receive the Product from you, we will test it and, provided we agree with your assessment, we will refund the price of the faulty product and the delivery charges paid.
   
   6.7       If a product you have ordered from us develops a fault after fourteen (14) days of delivery, but less than six calendar months after delivery, we shall usually offer you a repair of the product.  If we can’t repair the product then we may offer you a replacement instead of a repair. If the repair or replacement we provide has not resolved the problem, you can require us to either issue you a partial refund of the price you paid for the Product, or reject the Product and seek a refund.
   
   6.8       To return a faulty Product to us, please email us in accordance with our Faulty Goods Policy explaining the fault and when and how it was discovered. Once we’ve heard from you we shall respond in accordance with that Policy.
   
   6.9       Products with problems caused by damage, accident, neglect, misuse or normal wear and tear cannot be returned to us and will not be covered by any warranty. Also, if you return something to us as faulty but which isn’t actually faulty, the Product will be returned to you at your expense.
   
   6.10     To help you to ensure that your return order reaches us, we may at our sole discretion use our own delivery partners to process your returns; we offer this free of charge.

7. Liability:
   
   7.1       We are not responsible for the Vendors’ business policies but if you are unhappy with the Product or service you have received from a Vendor then please contact us and we shall, without any liability attaching to us, endeavour to liaise with the appropriate Vendor to see if the issue can be resolved.
   
   7.2       Our liability to you in relation to the Product(s) agreed to be sold is limited. If we fail to comply with these Terms, we shall only be responsible for loss or damage suffered by you which is a reasonable and foreseeable result of our breach of these Terms up to a maximum of the price of the Product(s) plus delivery charges and we shall not be liable for any other loss or damage including, inter alia, consequential loss. However, we do not seek to limit or exclude our liability or any other liability which cannot by law be limited.
   
   7.3       You further agree that you will indemnify us, and keep us indemnified, in full against all costs, expenses, liabilities, damages and losses including any interest, fines and legal or other professional fees and expenses awarded against or incurred or paid by us as a result of or in connection with any breach by you of these Terms.
   
   7.4       We reserve the absolute right to vary, change or update the Website or its contents at any time and without prior notice but we are not obliged to do so. In consequence it is possible that some of the content on the Website may at any time be out of date. The purpose of the Website is to provide information only which should not be taken as advice on which you should rely. TalkingThings makes no representations and gives no warranties or guarantees, either express or implied, that the Website and its content is accurate, complete, up-to-date or will be free from errors or omissions. To the fullest extent permitted by law, but no further, no liability is accepted for any conditions, representations, warranties or guarantees  or other terms which may apply to the Website, or any of its content, whether expressly or impliedly.
   
   7.5       We will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence) or otherwise, arising under or in connection with: (i) use of, or inability to use, the Website; or (ii) use of, or reliance upon, any content displayed on the Website.
   
   7.6       To the extent permitted by law and no more we will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.
   
   7.7       We and the Vendors shall not be liable or responsible for any failure to perform, or for delay in performance, of any of our obligations to you if such failure or delay is caused by events outside of our reasonable control. The phrase “event outside of our reasonable control” means any act or event or occurrence which is beyond the reasonable control of TalkingThings or of the Vendors including (but not limited to) Act(s) of God, wars, terrorist attacks, sanctions, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.
   
   7.8       If such an event takes place and it affects the performance of TalkingThings’ or the Vendor’(s) obligations to you in connection with an order then we shall contact you as soon as reasonably possible after we become aware of the act or event to notify you and TalkingThings’ and the Vendor’(s) obligations to you will be suspended for the duration of the event. Where the event affects delivery of Products to you, we will contact you to arrange a new delivery date after the event is over unless the effect of the act or event is to negate the ability of TalkingThings or the Vendor(s) to perform the contract in which case we shall notify you of such negation and refund to you any money paid in respect of Products undelivered.

8. Intellectual Property:
   
   8.1       TalkingThings is the owner or the licensee of all intellectual property rights in the Website and its content (such as text, photographs, graphics, logos, button icons, images of any kind, audio clips, digital downloads, data compilations and software including the presentation and compilation of the same) ("Content"). The rights in the Website and the Content are protected by relevant copyright laws and all such rights are reserved.
   
   8.2       You are at all time responsible for ensuring that any person who gains access to the Website by way of  your internet connection is aware of these Terms and that they comply with them. Permitted access to the Website does not include or apply to any commercial use of the Website or the features and contents on it. All wording and images of whatever kind are copyright and you must not reproduce, copy or seek to exploit the Website or Content for any commercial purposes unless you have from us our prior written and signed consent.

9. Other terms:
   
   9.1       When you visit the Website and/or submit an order, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically (whether on our behalf or on behalf of the Vendors) satisfy any legal requirement that such communications be in writing.
   
   9.2       Where this Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites or resources. We shall not be liable for any loss or damage that may arise from your use of them.
   
   9.3       We are happy for you to link to the Website but you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to the Website, you must do so without delay.
   
   9.4       Also on the Website you will find our Complaints, Faulty Goods, Privacy,  Returns and Shipping Policies together with other (if any) policies (including future variations) relevant to sales through the Website and these shall be deemed to be incorporated in these Terms.

10. Privacy
    
    10.1     We only use your personal information in accordance with our Privacy Policy. Please take time to read this carefully as it includes important information about how we collect and use your data. By using the Website, you consent to the use of your data as described in our Privacy Policy and you warrant that all data provided by you is accurate.
    
    10.2     You understand that your information (not including debit or credit card information), may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Debit and credit card information is always encrypted during transfer over networks.

11. Legal:
    
    11.1     These Terms constitute the entire agreement between you and TalkingThings (other than any provisions of an acceptance of an offer to purchase made by you) and supersede all earlier Terms (if any) between you and TalkingThings.
    
    11.2     In the event of a conflict between these Terms and the Terms of Business of the Vendor these Terms shall apply between you and TalkingThings.
    
    11.3     Each of the provisions of these Terms operates separately from the others and if any court or appropriate competent authority shall decide that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect to the extent permitted by law.
    
    11.4     If you are in breach of these Terms and we take no action, or if we delay in taking action, that does not mean that we have waived our rights to take action and we shall remain entitled to use our rights and remedies as we in our absolute discretion think fit. If we do decide to waive a breach by you, then such decision will always be communicated to you in writing signed by a Director of TalkingThings Limited but will not constitute a waiver of any subsequent breach by you.
    
    11.5     Your use of the website, any order placed thereon or any other dispute between you and TalkingThings or the Vendor(s), including one related to these Terms, shall be governed by English law. The courts of England shall have exclusive jurisdiction over any such dispute or claim or relating to these Terms or any contract created thereunder.