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The following Terms and Conditions (hereinafter referred to as “Terms and Conditions“) apply alongside the Master Terms and define general rules of Special Offers provided by Transfer Multisort Elektronik Ltd. with registered office at Coleshill House Suite 1C, 1 Station Road, Coleshill, Birmingham B46 1HT, United Kingdom, registered in England and Wales with company number 10482843, (hereinafter referred to as "TME" ).
Announcement: An announcement of Special Offer as defined in clause 1.2.
Contract: the contract between TME and the Customer for the Special Offers of any sale and purchase of the Goods in accordance with these Terms and Conditions and the Master Terms.
Customer: the person or firm who purchases the Goods from TME.
Goods: the goods (or any part of them) set out in the Order.
Master Terms: The terms and conditions or purchase of goods for either business or consumer Customers as set out on the Website.
Order: the Customer's order for the Goods in accordance with the Master Terms.
Special Offers: Special offers provided by TME as described in clause 1.1.
1. Special Offers
1.1. Special Offers provided by TME may in particular include (but is not limited to):
a) special prices – i.e. lowering prices of all products or products from a selected category currently offered by TME during the period of validity of such special offer;
b) special offers on shipping fees – i.e. covering TME in part or in full shipping fees for goods of a particular value purchased during the period of validity of such special offer;
c) special gifts – i.e. gifts provided by TME after purchasing products from a selected category or products of a particular value currently offered by TME;
d) granting a discount code for a subsequent purchase at TME either subject to satisfying certain conditions or unconditionally.
1.2. Special Offers shall be provided by TME in accordance with the principles set out in these Terms and Conditions, as amended by any announcements provided in the "Special offers" section on the Website, sent via TME Newsletter, sent via e-mail, or published in other forms or mediums made publically available or available to the Customer (“Announcement”). Should a formula of a particular Special Offer differ from the rules defined in the Terms and Conditions, its conditions shall be defined in a separate terms and conditions document which will be made available for the Customer to review.
1.3. An Announcement shall define in particular the character of the Special Offer, conditions for participation, timeframe, territorial scope, and the group of TME customers (such as business or consumer customer) which the Special offer is applicable to.
1.4. Each Special Offer has a timeframe provided in its Announcement. TME reserves the right to cancel any Special Offer, at any time, without reason. For the avoidance of doubt, a Special Offer will not be cancelled or withdrawn for any active Orders, where a Contract has already been entered into.
1.5. A Special Offer can be used at any time during its period of validity provided the Special Offer has not been withdrawn in accordance with clause 1.4.
1.6. Participation in Special Offers is free of charge and voluntary.
1.7. Special Offers are open to all Customers who satisfy all of the following conditions:
a) They have a customer account in the TME sales system
b) They have read and accepted in full the provisions of these Terms and Conditions;
c) They have a place of residence or registered office in the territory which is included in the particular Special Offer (if the Special Offer has a limited territorial scope in accordance with clause 1.3);
d) They are members of a group of TME customers (i.e. business or consumer customers) to whom the particular Special Offer is addressed, in case of Special Offers applicable only to selected categories of customers in accordance with clause 1.3;
e) They have satisfied all the conditions of eligibility for a Special Offer defined in the Announcement and in these Terms and Conditions.
f) Entry into the sales or delivery agreement for goods by TME and the Customer detailed within the Special Offer, and executing such agreements is not prohibited by any law applicable to the Contract.
1.8. Unless the Announcement for a Special Offer states otherwise, Special Offers are applicable to Customers placing orders in any available form as outlined in the Master Terms.
1.9. Should the Customer be granted a discount code for their next purchase at TME, the validity period of such code and the rules of redeeming it shall be defined in the Announcement.
1.10. Special Offers cannot be combined with one another or with any other discounts including with individual discounts, unless the Announcement of the Special Offer states otherwise.
1.11. Unless otherwise stated, Special Offers do not apply to shipping fees, unless the contents of the Announcement state otherwise.
1.12. If a Special Offer includes TME granting a gift to the Customer after satisfying certain conditions or unconditionally, the Customer is eligible for receiving such gift once. Such gift shall be added to a parcel with the goods ordered, or delivered to the Customer in a separate parcel at the expense of TME. Should the Customer execute their statutory right to withdraw from a distance selling agreement (further details are outlined in the Master Terms), such gift shall be returned along with the returned goods.
2.1. Participation in a Special Offer shall be deemed confirmation that the Customer has read and accepted these Terms and Conditions and the terms of the Announcement.
2.2. Third party rights. No one other than a party to these Terms and Conditions shall have any right to enforce any of its terms.
2.3. Severance. If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms and Conditions.
2.4. Variation. TME reserves the right to alter the provisions of these Terms and Conditions as well as the Announcement (including the terms) of a particular Special Offer, providing that such alterations do not infringe the legal rights acquired by the Customer. Any variations shall be updated and accessible in the Website within a reasonable timeframe.
2.5. To the extent permitted by the law, legal obligations resulting from these Terms and Conditions are regulated by the law of England and Wales.
2.6. Business Customers. The business Customer and TME irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or its subject matter or formation.
2.7. Consumer Customer. The Consumer Customer and TME irrevocably agrees that that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or its subject matter or formation. If the consumer Customer lives in Scotland they can bring legal proceedings in respect of the products in either the Scottish or the English courts. If the consumer Customer lives in Northern Ireland they can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
3. Applicable Terms and conflict of terms
3.1. The Master Terms apply to a purchase of goods subject to these Terms and Conditions.
3.2. In the event of a conflict between the terms of the Master Terms and these Terms and Conditions the Master Terms shall prevail.
3.3. In the event of a conflict between the Terms and Conditions and an Announcement, an Announcement shall prevail.
3.4. These Terms and Conditions enter into force on 17.07.2020 and can be viewed on TME website at: www.tme.eu/gb/.