Terms and Conditions
This legal notice applies to all purchases made by you:
(a) through the website under the domain name www.x5mop.uk ("the Site") and
(b) through our telephone order line ("the Order Line"). By offering to purchase products through the Site or the Order Line you are entering into an agreement on the terms and conditions set out below with Thane Direct UK Limited ("Thane UK"). Thane UK's company registration number is 4301636 and its registered office is:
Thane Direct UK Ltd
1 Fore Street Avenue,
DO NOT SEND RETURNS TO THESE ADDRESSES. PLEASE CONTACT CUSTOMER SERVICE TO RETURN AN ITEM.
Thane UK's VAT number is 791 6859 71. These terms and conditions of sale are additional to and not a substitute for the general terms and conditions of use of the Site.
These terms and conditions are only available in English.
Specifications of the products to be supplied by Thane UK on the Site, on Thane UK's television programmes and given over the Order Line are not intended to be binding and are intended only to give a general description of the products.
Thane UK warrants that it has the right to supply all products offered by it on the Site and the Order Line and that the products will substantially comply with their description.
All products are provided on an "as is" and "as available" basis. To the maximum extent permissible, Thane UK makes no other warranties or promises about the products, and any implied warranties are excluded.
2. Availability, Prices and Information
Thane UK does not promise that products are necessarily available, and all products are offered for sale subject to availability. The prices for the products and the delivery services shall be the prices listed on the Site or given on the Order Line on the date of your order [inclusive of VAT] [but] exclusive of the delivery charges which will be added to the total amount due. All prices displayed on the Site or given on the Order Line are quoted in UK Pound Sterling and the product price and the delivery charge must be paid in full except where discounts are offered as detailed on the Site or given on the Order Line.
3. Ordering on the Site
Once you click on the "Confirm & Pay" button Thane UK will treat the order as an offer by you to purchase the products subject to these terms and conditions of sale. You are responsible for ensuring the accuracy of your order.
If Thane UK accepts your offer it shall confirm each order on-line via the internet and/or by e-mail and Thane UK's confirmation of the order in writing (in the form of an email) shall be Thane UK's acceptance of the contract between Thane UK and you.
The terms of your orders will not be filed electronically and will not be made available to you on request so you should print off and retain Thane UK's confirmation of the orders for your records.
4. Ordering Through the Order Line
When you place an order through the Order Line Thane UK will treat the order as an offer by you to purchase the products subject to these terms and conditions of sale. You will be given an opportunity to review your orders, correct any errors and confirm your order. You are responsible for ensuring the accuracy of your orders.
5. Personal Data
Thane UK is registered under, and will process your personal data in accordance with, data protection legislation. Any personal data that is provided to Thane UK in the course of any transaction with you (with the exception of any credit card details which shall be kept confidential) shall be processed in accordance with clause 6 of Thane UK's general terms and conditions of use of the site.
All products will be delivered to the address that you indicate when you complete the "Checkout" page of the Site or place orders through the Order Line and risk of damage to or loss of the products shall pass to you at the time of delivery even if the products have not been received by you in person.
Any times quoted for delivery are approximate only and Thane UK shall not be liable for any delay in delivery of the products howsoever caused. Thane UK shall confirm each order in writing by sending you a receipt along with your products.
7. Cancellation and Returns of Products
Thane UK wants you to be totally satisfied with the products that it provides to you so our general rule is that if you would like to cancel your order for products and return them you may do so at any point within 14 DAYs from the day after receiving them (enclosing a copy of your product confirmation/receipt and your reasons for returning the product). However, a longer period may apply from time to time where this is expressly stated on the Site, the Order Line or on our television programmes. Thane UK will refund the full purchase price of the products including the delivery charges. However, if you are only returning part of an order no refund will be given in respect of the delivery charges. If you requested additional services such as Priority Processing, no refund will be given for the additional charges incurred by you for these services. If you exercise your right of cancellation in accordance with this clause 7, you must return the products to Thane UK at your own expense.
The cancellation policy detailed above will not apply if the fault arises from fair wear and tear in our reasonable opinion, deliberate damage, accidental damage, negligence, abnormal working conditions, failure to follow manufacturer instructions, misuse or alteration or repair of the goods without manufacturer approval. Thane UK will confirm any cancellation by email and will repay to you the cost of the products including the outbound delivery charges within 14 days from receipt of your goods or proof of the return of the goods if that is earlier.
You will be responsible for meeting the costs of returning products to us unless the products are faulty or we have provided substitute products (the original products ordered having become unavailable).
You may not cancel your order if it is for:
Products, the price of which is dependent on fluctuations in the financial market which cannot be controlled by Thane UK.
Products which are made to your specifications or clearly personalised.
Products which cannot be returned or are liable to deteriorate or expire rapidly.
Products which are sealed for health protection or have a seal for hygiene reasons which has been removed, such as lingerie.
The supply of audio or video recordings in any format or computer software, that have been provided in a sealed package and that have been unsealed by you.
Newspapers, periodicals or magazines or the supply thereof (and this will include all subscriptions for newspapers, periodicals or magazines)
Gaming and lottery services.
Nothing in our returns and refund policy affects your statutory rights. If you would like know more about your legal rights, please visit www.gov.uk/consumer-protection-rights. Please note we are not responsible for any content on external websites.
8. Limitation of Liability
Thane UK's liability to you under the contract for the products is limited to refunding the price of the products (including the delivery charges) as provided for in Clause 7.
Thane UK is not responsible to you to any greater extent and in particular is not liable to you for any indirect or consequential loss (including without limitation financial loss such as loss of profit or otherwise) that you may incur as a consequence of its failure to comply with these terms and conditions of sale.
For the avoidance of doubt nothing in these terms and conditions of sale and supply shall serve to exclude or limit Thane UK's liability in respect of death or personal injury caused by Thane UK's negligence or the negligence of its officers or employees.
9. Changes to the Terms and Conditions of Sale
Our terms and conditions of sale may be changed. Please review them regularly. If you continue to use the Site or the Order Line after a change has been made you are deemed to have accepted it.
10. Overseas Customers
As Thane UK is a United Kingdom company, all charges shown on the Site and given on the Order Line are in Pounds Sterling. If you are placing an order from outside of the UK your card issuer may convert the charge into your local currency.
This Site, the Order Line and these terms and conditions have been designed for use within the UK. Whilst Thane UK will consider orders from outside the UK, Thane UK give no warranty, express or implied, that the Site, the Order Line or the placing of any order through the Site or the Order Line from outside the UK complies with any applicable non-UK laws or regulations. Accordingly, any sales or services not permitted under your local law are not offered to you. Furthermore, Thane UK reserves the right to refuse any order at its discretion from overseas customers and it will have no obligation to provide you with any reasons for refusing an order.
11. Law and Jurisdiction
These terms and conditions of sale shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising in relation to the Site, the Order Line or these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
If any of these terms or conditions of sale should be determined to be illegal, invalid or otherwise unenforceable, it shall be deemed deleted and the remaining terms and conditions shall survive and continue to be binding and enforceable.
12. Comments and Complaints
If you have any comments or complaints to make about purchases made through the Site or the Order Line please send them to Thane Direct UK, 1 Fore Street Avenue, London, EC2Y 9DT.
Website Use Terms
1. The home page and the sub-domain pages of the website under the domain name www.thanedirect.co.uk ("the Site") are operated by Thane Direct UK Limited ("Thane UK"). Thane UK's company registration number is 4301636 and its registered office and business address is Thane Direct UK, 1 Fore Street Avenue, London, EC2Y 9DT.
All copyright and other rights that subsist in the Site are owned by Thane UK, its parent company Thane International Inc., Thane International, Inc. subsidiaries or other parties.
In consideration of Thane UK allowing you to access the pages of the Site you are deemed to accept the following terms and conditions of use. Please read them carefully. If you do not accept these terms and conditions of use, do not use the Site. 1.Subject to what is said below material from the Site may be downloaded, viewed, listened to (where appropriate), printed, copied on the hard disk of your computer (but not photocopied) and used for your own personal, non-commercial purposes as a personal information or consumer retail resource in good faith ONLY. Any other type of use requires the prior written agreement of Thane UK.
2. You agree not to use the Site:
to create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Site except where expressly permitted on the Site
to transmit or re-circulate any material obtained from the Site to any third party except where expressly permitted on the Site
in such a way so as to remove the copyright or trade mark notice(s) from any copies of any material made in accordance with these terms
to upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
to upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or
in any way that might infringe third party rights or that might bring Thane UK, Thane International Inc. or any subsidiary of Thane International Inc. into disrepute.
3. The copyright, and other rights, in some of the material appearing on or in the Site may belong to third parties. You may not (save as allowed in these terms and conditions) copy, reproduce, transmit or distribute any such material without the licence or permission of the author and you agree to pay any costs or expenses incurred by Thane UK, Thane International, Inc. or any subsidiary of Thane International, Inc. which may arise as a result of your failure to obtain such licence or permission.
4. Whilst every effort has been taken to ensure the accuracy of the information, it has been provided from a number of sources and neither Thane UK, Thane International, Inc. nor any subsidiary of Thane International, Inc. accept any liability for this information. It is the responsibility of users to check the accuracy of relevant facts and opinions given on the Site before entering into any commitment based upon them.
5. Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
6. Where you are required to provide personal data to Thane UK you agree to provide true, accurate, current and complete information. Thane UK is registered under, and will process your personal data in accordance with, data protection legislation. You hereby agree that the personal data that you provide to Thane UK may be processed by Thane UK, Thane International, Inc. or any subsidiary of Thane International, Inc. for the purposes of:
processing your requests and orders
providing you with information by email or other means
providing you with information (including by email) about other products and services of Thane UK, Thane International, Inc., any subsidiary of Thane International, Inc. or other parties, unless you have asked us not to do so
providing a personalised service
maintaining accounts and records
statistical analysis and conducting market research surveys
assessing and evaluating the use that is being made of the Site and
information and databank compilation and administration.
This processing of your personal data may involve Thane UK disclosing your details to regulatory bodies and/or other third parties. You also consent to the transfer, storage and processing of your personal data to/in countries outside the European Economic Area (notably the USA and Canada). Your Personal Data may therefore be processed in countries where the rights and benefits conferred on data subjects may not be as favourable as in the UK and the European Union. This transfer is required as many of Thane UK's administrative functions are carried out by Thane International, Inc. and subsidiaries of Thane International, Inc. overseas.
7. A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer's hard disk so that the website can remember who you are. A cookie will typically contain the name of the domain from which the cookie has come, the "lifetime" of the cookie, and a value, usually a randomly generated unique number.
When you visit the Site Thane UK may send you a cookie. Cookies may be used in the following ways:
to help Thane UK recognise you as a unique visitor (just a number) when you return to the Site and to allow it to tailor content or advertisements to match your preferred interests or to avoid showing you the same adverts repeatedly or
to compile anonymous, aggregated statistics that allow Thane UK to understand how users use the Site and to help it improve the structure of the Site (Thane UK cannot identify you personally in this way).
Two types of cookies may be used on the Site, -session cookies, which are temporary cookies that remain in the cookie file of your browser until you leave the site, and persistent cookies, which remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie). You have the ability to accept or decline cookies by modifying the settings in your browser. However, you may not be able to use all the features of the Site if cookies are disabled. If you want to find out more about how to disable cookies please see this external third party website: http://www.allaboutcookies.org/manage-cookies/.
8. Neither Thane UK, Thane International, Inc., nor any subsidiary of Thane International, Inc. can guarantee that your use of the Site will be free from error and/or uninterrupted. Neither Thane UK, Thane International, Inc. nor any subsidiary of Thane International, Inc. shall be liable for any damages including, but not limited to, indirect or consequential damages, damages for loss of opportunity or chance, or any damages whatsoever arising from use or loss of use, data, or profits, whether in contract, negligence or other tortious action, arising out of, or in connection with the Site or any other Internet sites.
9. The Site may contain material (including, but not limited to, advertisements) posted by third parties. Individual users and advertisers are solely responsible for the content of advertising and other material which they submit to the Site and for ensuring that such content complies with all relevant legislation. Thane UK, Thane International Inc. and all subsidiaries of Thane International, Inc. accept no responsibility for the content of material submitted by third parties, including, without limitation, any error, omission or inaccuracy therein.
10. Save unless otherwise stated, no warranty whatsoever is given as to any goods or services purchased, obtained or offered to you through use of the Site, whether accessed directly or otherwise, and no liability is accepted by Thane UK, Thane International Inc. nor any subsidiary of Thane International, Inc. in relation to any contract entered into by you with any third party on or by means of the Site.
11. The Site may contain links to external websites. These links are included to give users the opportunity to access other pages that it is felt may be of assistance to them. Neither Thane UK, Thane International, Inc. nor any subsidiary of Thane International, Inc. is responsible for the content of these Internet sites.
12. Whilst effort has been taken to ensure that the Site is free from viruses, no warranties are given that it is free from viruses and users are responsible for ensuring that they have installed adequate virus checking software. Neither Thane UK, Thane International, Inc. nor any subsidiary of Thane International Inc. shall be liable for any viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of the Site or any hardware on which it is hosted.
13. The names, images and logos identifying Thane UK, Thane International, Inc., any subsidiary of Thane International Inc. or third parties and their products and services, are proprietary marks. Any use made of these marks may be an infringement of rights in those marks and all rights to enforce such rights are reserved.
14. Nothing in these terms serves to exclude or limit liability for death or personal injury arising from negligence or any liability which is otherwise prohibited from being excluded by law.
15. These terms may be varied from time to time. Please ensure that you review these terms regularly as you will be deemed to have accepted a variation if you continue to use the Site after a variation has been posted. 16. If any of these terms should be determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
17. This Site has been designed for use within the UK. Whilst users from outside the UK are free to view this Site, neither Thane UK, Thane International, Inc. nor any subsidiary of Thane International, Inc. give any warranty, express or implied, that viewing or using the Site from outside the UK complies with any applicable non-UK laws or regulations.
18. These terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising from matters relating to the Site shall be exclusively subject to the jurisdiction of the courts of England and Wales.