Terms and Conditions

Website Terms & Conditions

Welcome to the www.timothyoulton.com website terms and conditions for use. We know that they are boring but they are important. These terms and conditions apply to the use of this website and by accessing this website or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions then please leave the site.

If you have any questions relating to these terms and conditions then please contact us before placing your order either by e-mail at enquiries@timothyoulton.com.

Definitions

“Conditions” means these terms and conditions and the Special Conditions; “Special Conditions” means the terms and conditions in the Product Description; “Users” means the users of the Website collectively; “Personal Information” means the details provided by you on registration; “We/us” means Timothy Oulton Hong Kong Limited; “Website(s)” means the website located at www.timothyoulton.com or any subsequent URL which may replace it; “Cookies” means small text files which our Website places on your computer’s hard drive to store information about your shopping session and to identify your computer; “Hong Kong” means Hong Kong Special Administrative Region and “You” means a user of the Website(s).

Use of the Website

Access

You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.

Registration 

You warrant that: The Personal Information which you are required to provide when you register as a client is true, accurate, current and complete in all respects; and You will notify us immediately of any changes to the Personal Information by contacting us by e-mail enquiries@timothyoulton.com. Failure to do so and any resulting errors will be the onus of the user, and not of Timothy Oulton Hong Kong Limited. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

Indemnity 

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

Our rights 

We reserve the right to: Modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or Change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

Third party links 

To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

Public forums and user submissions

The Website owner is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, blogs, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by Timothy Oulton Hong Kong Limited. We reserve the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may: Defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties; Publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information; Post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of Timothy Oulton Hong Kong Limited and/or a third party’s computer system and/or network; Violate any copyright, trademark, other applicable Great Britain, Hong Kong or international laws or intellectual property rights of Timothy Oulton Hong Kong Limited or any other third party; Submit contents containing marketing or promotional material which is intended to solicit business.

Privacy 

We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable Hong Kong Data Protection and consumer legislation and the EU General Data Protection Regulation (GDPR). For details of our privacy policy, please refer to our Website Privacy and Cookie Policy.

Intellectual property and right to use

For details please refer to our Intellectual Property Notices.

Compliance with laws

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

Limitation of liability 

While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products. This does not affect your statutory rights as a consumer nor does it affect your contract cancellation rights.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for: Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or Any loss of goodwill or reputation; or Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions. Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the conditions and shall not affect the validity and enforceability of any of the remaining provisions of the conditions.

Survival

Each provision of the conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire agreement

These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Timothy Oulton Hong Kong Limited and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

Law

The Conditions shall be governed by and construed in accordance with the laws of Hong Kong and you irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong.