Terms and Conditions

About us

TFS Direct are a trading name of Millbuck Ltd, a limited company with Registered Number 8636614 and having our Registered Office at Unit 11 Springvale Business Centre, Millbuck Way, Sandbach, Cheshire, CW11 3HY. Our main trading address is our Registered Office. Our VAT number is GB351553608.To contact us, please see our contacts page or call us on 03307003030.These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site.  Please note that by ordering any of our Products, you agree to be bound by these terms and the other documents expressly referred to in it.

By purchasing products on this site, you agree to the terms and conditions herein. You should print a copy of these Terms or save them to your computer for future reference. We amend these Terms from time to time so recommend that terms and conditions are checked every time you wish to order Products. Please check these Terms to ensure you understand the terms which will apply at that time.These Terms, and any Contract between us, are only in the English language.


Our Products

The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance, and for confirmation we can be contacted using the information on our about us page.

All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.

The packaging of the Products may vary from that shown on images on our site.

 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.

The price of a Product on our website show prices excluding and including VAT at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you in writing to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

Our offers can not be used in conjunction with and other offers, and we reserve the right to restrict offers at our discretion. All product offers are subject to availability and can be withdrawn without notice.


Use of our site and how we use your information

Your use of our site is governed by our Terms and Conditions. Please take the time to read these, as they include important terms which apply to you. 

We only use your details in accordance with our privacy policy which can be viewed on our privacy policy page.


Website terms of use

To purchase through our site you are able to navigate through product pages, view information, add to the checkout cart and provide payment. Our order process and website allow you to check any errors and amend any order before completing the transaction. Please take time to to check your order before completion.

After you place an order you will receive an email from us acknowledging that we have received your order. However, this does not mean that your order has been accepted. If we are unable to supply you with a product, for example because the product is not in stock or no longer available, or because of an error in price on our site, we will inform you by email or phone to make you aware that the order has not been accepted. If you have paid for the product we will refund you the full amount as soon as possible.

 

Your consumer right of return and refund

If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000). This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office, and further details are available in our returns policy.However, this cancellation right does not apply in the case of products made to your specification or clearly personalised;

Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 14 working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.

To cancel a Contract, please contact us in writing to tell us by sending an e-mail to sales@tfsdirect.co.uk. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.

You will receive a full refund of the price you paid for the Products. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause If you returned the Products to us because they were faulty or mis-described, please see our returns policy.We refund you on the credit card or debit card used by you to pay.

 If the Products were delivered to you, you must return the Products to us as soon as reasonably practicable. Unless the Products are faulty or not as described  you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you;

You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.

Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.

As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.


Manufacturer Guarantees

Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.If you are a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

For Products which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the following circumstances.

The warranty in clause does not apply to any defect in the Products arising from:

(a)  fair wear and tear;

(b)  wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

(c)  if you fail to operate or use the Products in accordance with the user instructions;

(d)  any alteration or repair by you or by a third party who is not one of our authorised repairers; or

(e)  any specification provided by you.

If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

 

Our Liability if you are a business

 Nothing in these Terms limit or exclude our liability for:

(a)  death or personal injury caused by our negligence;

(b)  fraud or fraudulent misrepresentation;

(c)  breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

(d)  defective products under the Consumer Protection Act 1987.

We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(a)  any loss of profits, sales, business, or revenue;

(b)  loss or corruption of data, information or software;

(c)  loss of business opportunity;

(d)  loss of anticipated savings;

(e)  loss of goodwill; or

(f)   any indirect or consequential loss.

Our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products paid by you.

Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

Our Liabilities IF you are a consumer

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We do not in any way exclude or limit our liability for:

(a)  death or personal injury caused by our negligence;

(b)  fraud or fraudulent misrepresentation;

(c)  any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

(d)  any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

(e)   defective products under the Consumer Protection Act 1987.

 

Events Outside of our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined as any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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 other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a)  we will contact you as soon as reasonably possible to notify you; and

(b)  our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.


Communications between us

 When we refer, in these Terms, to "in writing", this will include e-mail.

If you are a consumer ,to cancel a Contract in accordance with your legal right to do so, you must contact us in writing by sending an e-mail to sales@tfsdirect.co.uk or by sending a letter to our Office Address listed on the Customer Services page. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.

If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to TFS Direct at sales@tfsdirect.co.uk.

 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

1If you are a business, any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, e-mail, or posted on our website.

 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if sent by e-mail, one Business Day after transmission; or, if posted on our website, immediately.

In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.


Other Important Terms

We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).

We will not file a copy of the Contract between us.