Understanding our
Terms & Conditions
Introduction
This website is operated by Takwa. Throughout the site, the terms “we”, “us” and “our” refer to Takwa. Takwa offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
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Use of our website
These Terms are the only conditions that are applicable to the use of this website and they replace all other conditions, except with the express, prior written agreement of the Vendor. These Terms are important for both You and us as they have been designed to create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a business.
You agree that, by placing your order, You unreservedly accept these Terms, having read them.
You agree that:
- You may only use the website to make legitimate enquiries or orders.
- You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall
be entitled to cancel the order and inform the relevant authorities. - You also undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these
details to contact You in the event that this should prove necessary (see our Privacy Statement ).
If You do not give us all of the information that we need, we may not be able to complete your order. - By placing an order through the website, You warrant that You are at least 18 years old and are legally capable of entering into binding contracts.
1. How the contract is formed
The information set out in the Terms and the detail contained on this website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any products shall exist between You and us until your order has been accepted by us. If we do not accept your offer and funds have already been deducted from your account, these will be fully refunded.
To place an order, You will be required to follow the shopping process online and press the “Authorize payment” button to submit the order. After this, You will receive an e-mail from us acknowledging that we have received your order (the “Order Confirmation”). Please note that this does not mean that your order has been accepted, as your order constitutes your offer to us to buy one or more products from us. All orders are subject to acceptance by us, and we will confirm such acceptance to You by sending You an e-mail that confirms that the product has been dispatched (the “Shipment Confirmation”). The contract for the purchase of a product between us (Contract) will only be formed when we send you the shipment confirmation.
The Contract will relate only to those products whose dispatch we have confirmed in the Shipment Confirmation. We will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Shipment Confirmation.
2. Refusal of order
We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website. Whilst we will make our best efforts to always process all the orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent you an order confirmation, which we reserve the right to do at any time, at our sole discretion.
We will not be liable to you or any other third party by reason of our withdrawing any product from this website, whether it has been sold or not, removing or editing any materials or contents on this website or for refusing to process or accept an order after we have sent you the order confirmation.
3. Your rights to cancel
If you are contracting as a consumer, you may cancel a contract at any time within 14 days, of receiving your order. In this case, you shall receive a full refund of the price paid for the products in accordance with our Returns Policy.
your right to cancel a contract only applies to products that are returned in the same condition as you received them. You should also include all of the products instructions, documents and wrappings. Any product which is damaged or not in the same condition as You received it or which is worn simply beyond opening the product will not be refunded. You should therefore take reasonable care of the product(s) while they are in your possession.
4. Delivery
Subject to availability, and unless there are any exceptional circumstances, we will endeavor to fulfill your order for product(s) listed in the Order Confirmation by the delivery date set out in the Order Confirmation or, if no estimated delivery date is specified, within 15 days of the date of the Order confirmation.
Reasons for delay could include:
- Customization of product
- Specialized items
- Unforeseen circumstances
- Delivery area
If for any reason whatsoever, we cannot meet the delivery date, you will be kept informed thereof and offered a choice of either continuing with the purchase by setting an extended delivery time or cancelling the order with a full refund of the price paid.
For the purpose of these Terms, the “delivery” shall be deemed to have occurred or the goods shall be deemed to “have been delivered” upon signing for receipt of the products at the agreed delivery address.
5. Unable to deliver
If we are unable to deliver the goods after two attempts, we will try to find a safe secure place to leave your parcel. We will leave a note explaining where your parcel is and how You can rearrange delivery. If You are not going to be at the delivery location at the time agreed, please contact us to rearrange delivery for another mutually convenient day.
6. Risk and Title
The Products will be at your risk from the time of delivery.
Ownership of the products will only pass to You when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery (as defined in clause 8 above), whichever is the later.
7. Price and Payment
While we take care to ensure that all prices quoted on our website are accurate, errors may occur. If we discover an error in the price of any product(s) You have ordered, we will inform You as soon as possible and give You the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact You, the order will be treated as cancelled and if You have already paid for the product(s) You will receive a full refund.
We are under no obligation to sell the product(s) to You at the incorrect (lower) price (even after we have sent You an Order Confirmation) if the pricing error is an obvious typographical or arithmetical inaccuracy and could have reasonably been recognized by You as such.
The prices displayed on our website include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Costs Guide.
We reserve the right to decline orders for bulk or high value purchases and to change price and availability information without notice. Changes will not affect orders in respect of which we have already sent an Order Confirmation.
Once You have finished shopping all the items You wish to purchase are added to your basket. Your next step will be to go through the checkout process and make payment. To do this:
- Click the “Shopping bag” button at the top of the page.
- Click on the “Checkout” button.
- Fill-in or check your contact details, the details of your order, the delivery address and the
invoicing address. - Fill in your credit card details.
- Click “Authorize payment”
Payment can be made by Visa, MasterCard, Affinity Card, PayPal and American Express (‘Card(s)’). We use «CYBERTRUST» to ensure payment is made safely and your Card details will be encrypted to minimize the possibility of unauthorized access or disclosure. Authority for payment must be given at the time the order is made. By clicking “BUY NOW” You are confirming that the Card is yours. The amount authorized by You will not be taken until your order is dispatched for delivery. If payment is made via PayPal the amount will be charged upon confirmation of your order.
Cards are subject to validation checks and authorization by your Card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery.
8. Exchanges/Returns Policy
You can make a return by courier arranged by us. You should contact us through our web form to arrange for the product to be collected. With no additional cost to you. You should send the product in the same package received by following the directions on the “RETURNS” section of our website.
We will process your refund as soon as possible (and in any case, within 14 days of giving us notice of cancellation). We will refund any money received from you using the same method used to make the payment.
You should be aware that You are under an obligation to take reasonable care of the product(s) whilst they are in your possession. This means including all of the product(s) instructions, documents, and wrappings when returning the product(s) and returning the product(s) in the same condition as received. Failure to exercise such reasonable care may be depending on the circumstances, give rise to a right of action against You for breach of statutory duty.
In circumstances where You consider that the product does not conform to the Contract at the time of delivery, You should promptly contact us via our web form with details of the product and its damage. Defective products will be refunded in full, including a refund of the delivery charges and any reasonable costs incurred by You in returning the item.
We will always refund any money using the method used to make payment.
Upon receipt of the product, we will fully examine it and notify You of your right to a replacement or refund (if any) via e-mail within a reasonable period of time. We aim to process the refund or replacement as soon as possible and, in any case, within 14 days of the day you receive your order, you are entitled to a refund or replacement.
9. Liability and Disclaimers
Our liability in connection with any Product purchased through our website is strictly limited to the purchase price of that Product.
Nothing in these Terms shall exclude or limit in any way our liability: For death or personal injury caused by our negligence, For fraud or fraudulent misrepresentation, For any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.
Subject to the foregoing paragraph and to the fullest extent permitted by law, and unless otherwise stated in these Terms, we accept no liability for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including (without limit) for any: loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, and waste of management or office time.
Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website.
All product descriptions, information, and materials posted on this website are provided “as is” and without warranties express, implied, or otherwise howsoever arising.
To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind.
Nothing in this Clause will affect your statutory rights as a consumer, or your Contract cancellation rights.
10. Intellectual Property
You acknowledge and agree that all copyright, trademarks, and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or in our licensors. You are permitted to use this material only as expressly authorized by us or our licensors. This does not prevent You from using this website to the extent necessary to make a copy of any order or Contract details.
11. Written Communications
Applicable laws require that some of the information or communications we send to You should be in writing. When using our site, You accept that communication with us will be mainly electronic. We will contact You by e-mail or provide You with information by posting notices on our website.
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. This condition does not affect your statutory rights.
12. Transfer of Rights and Obligations
The Contract between You and us is binding on You and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to You, whether express or implied.
13. Events outside our control
We will not be liable or responsible for any failure to perform or delay in the performance of any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:
- Strikes, lock-outs, or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not), or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or another natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
- Any shipping, postal or another relevant transport strike, failure or accidents.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
14. Waiver
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with the provisions of the paragraph on Notices above.
15. Severability
If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. Entire Agreement
These Terms and any document expressly referred to in them represent the entire agreement between You and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between You and us, whether oral or in writing.
Both You and us acknowledge that, in entering into this Contract, neither You nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between You and us prior to such Contract except as expressly stated in these Terms.
Neither You nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these Terms.
17. Our right to vary these terms
We have the right to revise and amend these Terms from time to time.
You will be subject to the policies, Terms in force at the time that You order products from us unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority (in which case it will apply to orders previously placed by You).
18. Law and Jurisdiction
Contracts for the purchase of products through our site will be governed by United States law.
Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the Irish courts.
If You are contracting as a consumer, nothing in this clause will affect your statutory rights as such.