TERMS AND CONDITIONS
‘the Company’– TGculture.
‘the User or Purchaser’ – The person, company or entity who uses this website as a means towards the acquisition of information or the ordering of Goods or Services from the Company.
‘the Goods or Services’– Materials, Digital Products, Skill, Labour or any other Tangible /Intangible assets supplied by the Company to the Purchaser towards the fulfilment of a Contract. ‘the Contract’ – A written Agreement, which expresses an understanding between the Company and the Purchaser.
These Terms and Conditions apply to the use of this website and the sale of Goods and Services by the Company. These terms and conditions have an over arching cover over any other term or condition, which is implicitly or explicitly stated elsewhere e.g. invoices, quotes, personnel etc.
Acceptance of Order
All orders are ex-works for Goods and Services. For the former, acceptance is confirmed once a payment or download is made. For physical products and services, the Purchaser accepts responsibility for the transport, handling and storage from point of dispatch until delivery is made.
For services, discussions will be made between the Purchaser and the Company to define requirements. After this, an invoice will be raised and sent by email to the Purchaser. Acceptance is confirmed when a 50% part payment or a full payment is made.
Once a service order has been accepted, the Purchaser cannot vary, rescind or redefine the agreement without expressly informing the Company. In situations where a change is made to an existing contract, additional administrative charges may apply. See section on Cancellation & Return of Goods and Services, and Refunds.
The Company reserves the right to change the specifications of its goods and services at anytime.
Delivery or Appointments
Any delivery date or appointment is given in good faith to the Purchaser. Delay may not be a breach of terms, conditions or warranty whether express or implied.The Company will act responsibly and apply a duty of care to assure preparedness, attendance, and dispatch of its goods and services. The Company reserves all right to judge fairly upon receipt of a complaint relating to such deliveries and appointment, and to cancel the Contract, or to rights for damages, or to compensate for loss upon the assessment of available evidence.
The Company reserves the right to deliver in more than one consignment and to invoice each consignment separately unless instructed otherwise in writing by the Purchaser.
Prices payable for the Goods and Services shall be those charged by the Company at the time of dispatch. The Company reserves the right to revise quoted prices to take account of increases in costs. Quoted prices are ex-works and exclusive of VAT, packing and delivery.
Terms of Payment
Cards or Apple Pay are the preferred means of payments. All payments are managed by Stripe. In certain instances, BACS payment (direct bank transfers) will be accepted with the United Kingdom and in such cases, the Purchaser must inform the Company that payment has been made.
The currency for all payments will be referenced to the British Pound (£) and prices are ex-works and exclusive of VAT. The Purchaser may not withhold payment of any invoice or other amount due to the Company. The Company reserves the right to charge interest on overdue accounts at an appropriate rate until receipt of the full amount.
Cancellation & Return of Goods & Services
The Purchaser has a 14 day right-to-cancel (Data Protection Act 2018), however, this applies to physical products e.g. books etc. This does not apply to digital products, due to the intrinsic value that is acquired by the Purchaser upon viewing or download.
Should an order be cancelled by the Purchaser prior to the dispatch of physical Goods and Services, there will be a fixed charge of £50 charge for administrative costs. Otherwise, if cancellation is made after the order has been dispatched, the full amount will be invoiced to the Purchaser.
Refunds are only available for physical products e.g. books etc. No return is available for digital materials due to the intrinsic value that can be acquired by the Purchaser upon viewing or download.
Transportation, insurance, luggage, accommodation and feeding expenses will be charged to the Purchaser in instances services are required beyond a given distance or outside the the Company’s country of residence or in which overnight rest is inevitable. These costs shall be paid upfront or charged back to the Purchaser.
General Data Protection Regulations (GDPR) requirements prevail.
Facial art(s) are part of the Company’s artistic works. As such, TGculture lays claim to its ownership [Copyright, Designs and Patents Act 1988]. These arts will normally be captured by TGculture as an image – either as a photograph or a video, which is published on TGculture’s social media platform(s) or website for promotional purposes. All images for public use are professionally retouched.
The Purchaser of Goods and Services shall make a request in writing if his or her image or video is required to remain private. In such circumstances, the Company still reserves the right to use the Purchaser’s image or video for private use e.g. photobooks, brochures etc that are only shared with the public onsite and remain in the custody of the Company.
Sub-Contracting and Delegation
The Company may licence, delegate or sub-contract any part of its rights and obligations under the Contract without the Purchaser’s consent.
The Company shall not be liable to the Purchaser for any loss or damage, which may be suffered as a direct or indirect result of the supply of the Goods or Services by the Company being prevented, hindered or delayed by reason of any Force Majeure circumstances.”
For the purpose of this condition, Force Majeure shall be deemed to include any cause affecting the performance of the contract arising from or attributable to acts, events or circumstances beyond the reasonable control of the Company and in particular without limiting the generality thereof shall include, industrial action, civil commotion, riot, invasion, war threat or preparation for war fire, explosion, storm flood, earthquake, subsidence, epidemic or other natural physical disaster, acts or restraints of government.”
Notices will be made in writing and sent by e-mail, messages or social media chats to the concerned party, User or Purchaser.”
The Contract shall be governed by and construed and interpreted in accordance with Scottish Law and for the purposes of settlement of any disputes arising out of or in connection with the Contract the parties hereby submit themselves to the jurisdiction of the Scottish Courts.”