1. Introduction

1.1 This website is owned and operated by Jessica Thom and Matthew Pountney trading as “Touretteshero”.

1.2 Please read these terms and conditions (TCs) carefully. They cancel and replace any previous versions. By registering on or using this website (including purchase of any goods on this site) you agree to be bound by these TCs.

2. Definitions

2.1 When we refer to “User” in these TCs, we mean any person who uses our website, whether or not a registered user of our Service. “Service” includes both our website and any related software or services which we may provide. By “Goods” we mean all physical Goods made available via our Service. And “Content” covers all information of any kind (including images, photos, audio, video, posts, comments, blogs etc) published or sent by Users on or in connection with our Service.

3. Right to cancel order for Goods under “Distance Selling Regulations”

3.1 If you are an EU consumer (ie acting for purposes outside a business), you have the following cancellation rights which may be exercised by email to sales@touretteshero.com or any of the other methods specified in Distance Selling Regulations.

3.2 Within 7 working days of delivery of Goods you may cancel the contract to supply Goods in which case we will refund the price paid for the Goods plus delivery charges attributable to the cancelled item. You are required to take reasonable care of items. If you cancel, you must return the Goods to 2 Walmer Castle Court, 102 Peckham Road, London SE15 5BE at your expense. We will charge you the direct costs of recovery if you do not comply or if you return them at our expense. However, please note that this paragraph does not apply to Goods to which the right of cancellation under the Distance Selling Regulations does not apply including Goods which are made to your specifications or which are clearly personalised.

4. Your order for Goods

4.1 Your order for Goods is an offer to buy from us. Please check your order very carefully to ensure it is correct.

4.2 There will be no binding contract of any kind between you concerning the supply of any particular Goods unless and until we actually despatch the Goods to you. Until then we may decline to supply the Goods to you without giving any reason. Nothing else that we do or say will amount to acceptance of your offer. If any Goods are unavailable, we will notify you of the unavailability as soon as possible and will arrange for a full refund if you have been charged.

5. Payment and price

5.1 Payment for Goods is in advance by the means stated on our website. We will only process payments if we obtain authorisation from our payment partner. If we do not receive full payment in cleared funds within 7 days of your order, then we are entitled to cancel this contract.

5.2 The price for any Goods you order is as stated on our site at the time you send us your order. VAT or sales tax is included unless we say otherwise. If we have mis-priced any item by mistake, we are not obliged to supply the item at that price provided we notify you before we despatch it. If we do notify you, then you can decide if you want to order the item at the correct price but, if you don’t, we will provide a full refund of any payments already made.

5.3 Delivery costs are charged extra at the rate shown on our site when you place your order. These will depend on the delivery method chosen. NB The delivery charges do not include customs or import duties which may be applied to your order by the relevant authorities. It is your separate responsibility to pay for these.

6. Delivery of Goods

6.1 We will only arrange for delivery once we have received full payment in cleared funds. Delivery will be to the address which you specify when ordering.

6.2 We will do our best to arrange delivery within the time specified on our website or, if none, a reasonable period. We are not liable for late delivery to the extent that this is due to circumstances beyond our reasonable control.

6.3 By placing an order, you authorise us to accept signature from any person at the delivery location. An extra delivery charge may become payable if no-one is present to accept delivery or if the recipient doesn’t make reasonable efforts to collect the item from a holding depot.

6.4 Risk of damage or loss to the Goods passes to you on delivery or if delivery is wrongfully refused when delivery is attempted.

7. Changes to the TCs

7.1 We may change these TCs by posting the revised version on our website for a reasonable period before they become effective. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our Service following the effective date shown.

8. Use of our Service

8.1 We grant you a limited right to use our Service subject to these TCs.

8.2 You are not eligible for, and must not use or register on, our Service if you are under 18 years of age or if display of or access to the material contained on this Service is illegal under the laws (if applicable) of the country from which you are accessing the Service e.g. because the country does not permit display of or access to the material at all or because you are under the relevant age limit in that country or if you have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct or harassment.

8.3 You agree that you will not:

8.3.1 in connection with the Service breach any applicable law, regulation or code of conduct or infringe any rights of others;
8.3.2 publish or send any Content which is or becomes false or misleading;
8.3.3 disclose or make accessible to any third party any password(s), activation code(s) or similar information allocated to Users or use them for any purpose other than authentication for the Service.
8.3.4 publish or send any Content which involves any personal data of another person (ie information enabling someone to be identified or contacted eg name, address, email address, photo etc) unless that person is 18 years or over and you have obtained that person’s explicit written consent;
8.3.5 publish or send any Content which links to any third party websites which are illegal or contain inappropriate content;
8.3.6 use the Service for any commercial, professional or non-private purposes;
8.3.7 use the Service for junk mail, spam and pyramid or similar or fraudulent schemes; or
8.3.8 do anything which may have the effect of disrupting the Service.

8.4 You must comply with any guidelines or requirements on our website (for example, any file-size or other technical requirements in relation to the publication or sending of Content on or via our Service). You must promptly comply with any reasonable request or instruction by us in connection with the Service.

8.5 We reserve the right to reject, suspend, alter, remove or delete Content or to disclose to the relevant authorities any Content if it breaches our terms and conditions or is necessary to protect us or others or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant Content.

8.6 Any content which we ourselves make available is intended for very general guidance but we cannot guarantee that it is accurate or up to date. Before acting on such information, you must make your own appropriate enquiries including as to its accuracy and suitability for your purposes and take appropriate professional or other advice. You rely on such information at your own risk. Note that the website includes the reproduction of “involuntary vocal tics” of persons with Tourettes Syndrome. Such phrases may include third party trade marks, names of celebrities etc. No particular meaning is intended by these phrases and they are used only in the context of education of the public as to certain aspects of Tourettes Syndrome.

8.7 It is your responsibility to decide which Content to publish or send (subject to these terms and conditions). While we require in our TCs that Users use Content only for genuine private, non-commercial purposes, we can’t guarantee that they will comply and therefore we can’t accept legal responsibility if they do not. Do not send or publish any Content if you are concerned that it may be misused by others.

8.8 Please notify us immediately if you become aware of any inappropriate Content or inappropriate behavior by any User.

8.9 If you register for our Service, your account is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).

8.10 You must ensure that all contact information which you provide us is accurate and not misleading and that you will update it so that it remains so.

8.11 We reserve the right to irretrievably delete any Content at any time.

9. Cancellation of registration

9.1 You may at any time cancel your registration with us by following the instructions on our Service.

9.2 We may at any time cancel your registration for use of our Service without cause.

9.3 If we have given notice of cancellation in accordance with these TCs, you must not attempt to re-register for or use our Service.

9.4 Following cancellation of your registration for or use of our Service for any reason, all clauses in this agreement which are intended to continue after cancellation will continue to apply.

10. Functioning of our Service

10.1 We cannot and do not accept any responsibility for your hardware or software or for the costs of accessing our Service.

10.2 We cannot guarantee that the Service will be uninterrupted or error-free.

10.3 We may have to suspend the Service for repair, maintenance, improvement or other technical reason without notice.

11. Third party websites

11.1 We may link to third party websites which may be of interest to you. We do not recommend or endorse those sites or the products or services which they offer nor are we legally responsible for them as they are outside our reasonable control. You use such third party sites at your own risk.

12. Intellectual property rights

12.1 All trade marks, logos, graphics, images, photographs, animation, videos, text and software used on the Service are our intellectual property or that of our partners or other Users. You may display, reproduce or otherwise use such content insofar as necessary to view it within our site for genuine, private, non-commercial purposes. You may not otherwise retrieve, display, modify, copy, print, sell, download, hire or reverse engineer (unless permitted by applicable law) or use such content without our specific prior written consent.

12.2 Very important: If you publish any Content on our Service, you grant us a worldwide, perpetual, non-exclusive, royalty-free licence to copy, alter, adapt, translate, display, sublicence, assign and create derivative works from that Content in any media. We will credit you as the author to the extent reasonably practical. You otherwise waive your moral rights in relation to such content to the extent legally permitted. Do not send or publish any Content if you are concerned about any of this.

13. Liability

13.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited. Nor does it affect any consumer statutory rights.

13.2 You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.

13.3 Our liability of any kind (including our own negligence) with respect to our Service for any one event or series of related events is limited to the value of Goods supplied (for claims relating to Goods) or the sum of £50 (for other claims).

13.4 In no event (including our own negligence) will we be liable for any:

13.4.1 economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
13.4.2 loss of goodwill or reputation;
13.4.3 special, indirect or consequential losses; or
13.4.4 damage to or loss of data (even if we have been advised of the possibility of such losses).

13.5 You agree to indemnify us against all claims and liabilities (meaning that you will be responsible for all loss or damage we suffer) directly or indirectly related to your Content and/or breach of this agreement and/or misuse of our Service.

14.“Act of God”

14.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control.

15. Transfer

15.1 We may transfer all or part of our rights or duties under this agreement. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

16. English law

16.1 These TCs shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.

17. General

17.1 Headings used in this agreement are for information and not binding. This agreement constitutes the entire agreement between you and us in connection with our Service. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it can’t be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.

18. Complaints

18.1 If you have any complaints, please contact us via the contact details shown on our website or write to our address shown at the start of these TCs.

Effective Date: 27/07/11
Version 1.0