Terms of Use

Date of posting: 20.04.2021

1. INTRODUCTION

1.1 Welcome to ttkconfectionerywholesale.co.uk (“Site”), which is owned and operated by TTK Confectionery Ltd (‘TTKC’, ‘seller’, ‘we’, ‘our’ or ’us’ as applicable). For further information about us and our contact details please see clause 17, Contact Us below.

1.2 These terms and conditions of use (“Terms”) govern your use of the Site and any content that we make available to you via the Site.

 1.3 All visitors may use the publicly accessible pages of the Site but you or an entity for whom you work must have applied and been accepted as a trade customer by us before you place any orders using this Site (“Trader”). The terms ‘you’, ‘your’, ‘buyer’ and ‘your organisation’ in these Terms and the Conditions of Sale are a reference to the Trader on whose behalf you act when using or placing an order from this Site.  By using the Site, regardless of whether or not you place an order, you are agreeing to be bound by these Terms and also agreeing for your authorising Trader to be bound by these Terms.  You should therefore read them carefully to understand your/your organisation’s rights and liabilities before placing an order or using the Site.

1.4 If you have any queries or concerns regarding these Terms, please contact us using our webform on the Contact Us 

2. USING THIS SITE AND YOUR ACCOUNT

2.1 You may only use and place orders from this Site if you are authorised to do so by a Trader and have been provided with valid details to access your account on the Site to place orders.

2.2 You must ensure that all the information you provide when using the Site is true, accurate, current and complete in all respects.

2.3 You confirm that you will treat your access details as confidential. You and your organisation are responsible for keeping your access details to this Site safe and must not leave your access device unattended whilst it is logged in to your account on the Site. If you become aware of any misuse or unauthorised use of your access details, then you must inform us immediately by sending us an email to sales@ttkconfectionery.co.uk.  If you fail to comply with the provisions of this clause 3 you may be responsible for the losses we suffer as a result in accordance with clause 11 of these Terms.

3. YOUR PRIVACY

3.1 We take your privacy very seriously. Please read our Privacy Policy to see how we use your personal information. 

4. ABOUT THIS SITE

4.1  We provide this Site for users, acting on behalf of Traders authorised by us, to place orders for TTKC products using the e-commerce features.  

5. TERMS AND CONDITIONS OF SALE

5.1 The terms and conditions set out in the Terms and Conditions of Sale (together with any additional terms agreed between the applicable Trader and TTKC in writing) shall be incorporated into the contract of sale between the applicable Trader and TTKC and shall apply in respect of all orders for TTKC products placed by you using this Site.

 5.2 The Terms and Conditions of Sale include specific terms relating delivery and the return of defective products. Please see also the Delivery page on the Site.

6. OUR CONTENT

6.1 Our content includes the pages that we make available on the Site and any information or other material found on or via the Site, including text, databases, graphics, images, videos, software and all other features on the Site.

6.2 If you are having problems accessing any other content on the Site, please let us know by emailing sales@ttkconfectionery.co.uk and we will try to rectify the problem as soon as possible.

6.3 We make the Site and our content available for your personal use only. You may view the Site’s pages and content online. You may not otherwise reproduce, modify, copy or distribute or use any of the content on the Site without our prior written consent.

6.4 Prices for our products are subject to change without notice.


6.5 We have made every effort to display as accurately as possible the colours and images of our products that appear at the on the Site. We cannot guarantee that your devices’ monitor or screen display of any colour will be accurate.


7. ACCESS TO THIS SITE


7.1  We reserve the right to withdraw access to this Site at any time and for any reason without liability.

7.2 We reserve the right, but are not obligated, to limit the sales of our products to any geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any product at any time.

7.3 In the event that you have, or we have reason to believe that you have, or will breach these Terms, we may terminate or suspend your access to the Site and/or to any content.

8. INTELLECTUAL PROPERTY


8.1 You acknowledge that all copyright, trade marks and all other intellectual property rights in the Site and in the content made available via the Site, shall at all times remain vested in us or our licensors. For further information on how you are permitted to use any content that you access from or via the Site, please see clause 6, Our Content.


8.2 “TTK Confectionery”, its respective logo and other branding that appears on the Site are trade marks of TTKC or its licensors and no permission is given to use any of these or any other trade marks appearing on the Site unless agreed between us in writing.


9. THIRD PARTY SOFTWARE


9.1 You acknowledge that you may need to download and activate third party owned software in order to access selected content on the Site.


9.2 In order to use such third party software or technology you may have to accept the terms of a licence agreement with that third party. You acknowledge that we have no responsibility or control over such third party software.


10. LINKS


10.1 The Site may include links to third party websites (e.g. third party video hosting websites). We have not reviewed these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them.


10.2 If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. In particular, any personal information you give to a third party website will be dealt with in line with that third party’s privacy policy, not ours, so please ensure that you read their privacy policy before you provide any personal information.


10.3 You may not link to the Site from your own website or other online service without first obtaining our permission in writing.


10.4 You may not systematically scrape, harvest, retrieve or otherwise gather by electronic means any data or other content from our Site or monitor, access, copy, create, acquire or compile - directly or indirectly, in single or multiple downloads - a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, robots or spiders, or any automatic devices, programs, algorithms or methodologies or otherwise without first obtaining our written permission.


10.5 PROMISES, LIABILITY AND DISCLAIMER


10.6 This Site is provided on an ‘as is’ basis and to the fullest extent permissible under applicable law, we disclaim any and all promises, warranties, conditions, or representations relating to the Site and its content, whether express, implied, oral or written. In particular:

 

  •  We do not make any promises as to the truth, accuracy, integrity, quality or completeness of the content or information that appears on the Site and you should not rely on it being accurate, truthful or complete.
  • You agree that your access and use of the Site and its content is at your own risk. Accordingly, we exclude any and all liability for any loss of any nature suffered by you as a direct or indirect result of your use of any of the information or content available on the Site or of making any decision, or refraining from making any such decision, based wholly or partly on any expression of opinion, statement or other information contained in the content available on the Site.
  • By using the Site you acknowledge and accept the inherent risks, characteristics and limitations of the internet, particularly in terms of technical performance of the Site, response times to view, verify or transfer information; and the risks inherent in all third party links, connections and transfers via the internet. Accordingly:
  •  We do not make any promises about the availability or accessibility of the Site or promise that your access to the Site, the content on it or the services we provide will be delivered uninterrupted, timely or error-free;
  • We make no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, trojan, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or operation including transmission arising from your download of any content, software you use to download the content, the Site or the server(s) that make it available. In this respect you agree that it is your responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Any content downloaded or otherwise obtained through the use of this Site is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content;
  • Whilst we hope that you will find the websites linked to on this Site of interest, no responsibility of any nature whatsoever is accepted for any such links or any information contained in them.


10.7 Nothing in these Terms will operate to exclude or limit our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited under English law.


10.8 Subject to clause 10.7, we will not be responsible or liable:
a) for any loss of profits; sales; business; revenue; business interruption; loss of anticipated savings; loss of business opportunity; goodwill or reputation (whether direct or indirect); and/or for any indirect, consequential or special loss or damage; and/or any loss or damage arising under or in connection with use of, or inability to use, this Site or use of or reliance on any content displayed on this Site; in each case, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable; and/or


b) if we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control. In such circumstances including, but not limited to, fire, flood and other acts of God, strikes, trade disputes, lock outs, epidemics, pandemics or other serious public health crises, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, our inability or delay in performing our obligations will not be deemed to be in breach of contract.


11. INDEMNITY


11.1 You agree only to use this Site in accordance with these Terms. You agree that you will indemnify us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of these Terms (including as a result of any actions you take which disrupt access to and/or the functioning of the Site) or any liability we incur as a result of the use of the Site by you and any other person that uses your account.


12. WRITTEN COMMUNICATIONS


12.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using this Site, you accept that communication with us will be mainly electronic. We will provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.


13. OTHER IMPORTANT TERMS


13.1 Severability. If any part of these Terms is found to be unenforceable as a matter of law, all other parts of these Terms will not be affected and shall remain in force.


13.2 Entire Agreement. These Terms govern our relationship with you and represent our entire agreement with you.

13.3 References to “including” and other similar expressions. In these Terms, words that appear after the expression “include”, “including”, “other” “for example”, “such as” or “in particular” (or any similar expression) will not limit the meaning of the words appearing before such expression.

13.4 Assignment. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

13.5 Waiver. If you breach these Terms and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms again.

13.6 Exclusion of Third Party Rights. These Terms do not create any right enforceable by any person who is not a party to them or any contract made under them, except that the provisions of these Terms may be enforced by any of our licensors subject to and in accordance with the Contracts (Rights of Third Parties) Act 1999.

13.7 E-Commerce Regulations. You acknowledge and agree that the information provision, order processing and other requirements under regulations 9(1), 9(2) and 11 of the Electronic Commerce (EC Directive) Regulations 2002 (as amended) shall not apply to this Site and any orders that you place using it.

13.8 Governing Law and Jurisdiction. These Terms and any agreement made under them shall be governed and construed in accordance with the law of England and Wales and any disputes or claims arising out of or in connection with them shall be subject to the exclusive jurisdiction of the English courts.

14. CHANGES TO THESE TERMS

14.1 We may make changes to these Terms at any time by posting a copy of them on the Site. Any changes will take effect on the date on which we post the modified terms on the Site. If you continue to use the Site after we post the modified terms, it means that you accept any such changes.

15. THIRD PARTY CONTENT

15.1 Content hosted on third party websites accessible from this Site is the responsibility of those websites, and not our responsibility. If you are the copyright owner of content hosted on a third party website, and you have not authorised the use of your content, please contact the administrator of the hosting website directly to have the content removed.


16. COMPLAINTS AND REQUESTS FOR FURTHER INFORMATION


16.1 If you have any complaints or wish to request further information about the Site, please contact us via email at sales@ttkconfectionery.co.uk or by post to the address below and we will do our best to resolve these.


17. CONTACT US

17.1 This Site is owned by TTK Confectionery Limited, a company incorporated in England and Wales. Our registered office address is:


TTK Confectionery Limited
Unit 5 Robin Hood Industrial Estate
Alfred Street South
Nottingham
NG3 1GE

Our registered company number is 10674071 and VAT registration number is GB275336194.
Tel number: 0115 950 8150