1.1 These terms and conditions govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register with our website or make a purchase on our website, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 16 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 16 years of age.
2. Copyright notice
2.1 Copyright (c) 2022 TES Consumer Solutions Ltd (T/A "Stock Must Go")
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3. Licence to use website
3.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in [print and electronic form to any person.
3.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
4. Acceptable use
4.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
5.1 The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.
5.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
5.3 Prices stated on our website may be stated incorrectly.
5.4 The sale and purchase of products through our website will be subject to terms and conditions of sale, and we will ask you to agree to the terms of that document each time you make a purchase on our website.
5.5 Any product reviews that you submit for publication on our website shall be subject to the terms of Section 9 and Section 10.
6. Registration and accounts
6.1 To be eligible for an individual account on our website under this Section 6, you must be at least 16 years of age and resident in the United Kingdom.
6.2 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
6.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.4 You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.
7. User IDs and passwords
7.1 If you register for an account with our website, you will be asked to choose a user ID and password.
7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
8. Cancellation and suspension of account
8.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation.
8.2 You may cancel your account on our website using your account control panel on the website.
9. Your content: licence
9.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.
9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
9.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
9.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
9.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
10. Your content: rules
10.1 You warrant and represent that your content will comply with these terms and conditions.
10.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence, in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
11. Report abuse
11.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
11.2 You can let us know by email.
12. Limited warranties
12.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
12.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
12.3 To the maximum extent permitted by applicable law and subject to Section 13.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
13. Limitations and exclusions of liability
13.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
13.2 The limitations and exclusions of liability set out in this Section 13 and elsewhere in these terms and conditions:
(a) are subject to Section 13.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
13.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
13.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
13.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
13.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
13.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
13.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
14. Breaches of these terms and conditions
14.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
14.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
15. Third party websites
15.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
15.2 We have no control over third party websites and their contents, and subject to Section 13.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
16.1 We may revise these terms and conditions from time to time.
16.2 The revised terms and conditions will apply to the use of our website from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions. / We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.
16.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
17.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
17.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
18.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
18.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
19. Third party rights
19.1 These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.
19.2 The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.
20. Entire agreement
20.1 Subject to Section 13.1, these terms and conditions, together with our privacy and cookies policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements between you and us in relation to your use of our website.
21. Law and jurisdiction
21.1 These terms and conditions shall be governed by and construed in accordance with English law.
21.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
22. Statutory and regulatory disclosures
22.1 We are registered as TES Consumer Solutions Ltd with Companies House in the United Kingdom.
22.2 Our VAT number is 173140925GB.
23. Our details
23.1 This website is owned and operated by TES Consumer Solutions Ltd (T/A "Stock Must Go").
23.2 We are registered in England and Wales under registration number 8692717, and our registered office is at Blakeney Way, Kingwood Lakeside, Cannock, Staffordshire, WS11 8JD, United Kingdom.
23.3 Our principal place of business is at Blakeney Way, Kingwood Lakeside, Cannock, Staffordshire, WS11 8JD, United Kingdom.
23.4 You can contact us by writing to the business address given above, by using our website contact form, by email to firstname.lastname@example.org or by telephone on 01543 227000.
Returns and Refunds Annex
1.1 We understand that from time to time you may wish to return a product to us.
1.2 We have created this policy to enable you to return products to us in appropriate circumstances.
1.3 This policy shall apply to all of our customers, irrespective of their geographical location.
1.4 This policy shall apply to all orders submitted through our website.
1.5 This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).
2.1 If you have no other legal right to return a product and receive a refund or exchange, then you will nonetheless be entitled to return a product to us and receive a refund in accordance with this policy if:
(a) we receive the returned product within 30 days following the date of dispatch of the product to you;
(b) the returned product is unused, in its packaging (with any seal or shrink-wrap intact), with any labels still attached, and otherwise in a condition enabling us to sell the product as per original sale;
(c) you comply with the procedure set out in this policy in relation to the return of the product; and
(d) none of the exclusions set out in this policy apply.
3. Returns procedure
3.1 In order to take advantage of your rights under this policy, you must contact us to obtain a return authorisation number, and then send the product to us with a covering note quoting that number.
3.2 Products returned under this policy must be sent by Signed For delivery to: Online Returns, Blakeney Way, Kingswood Lakeside, Cannock, Staffordshire, WS11 8JD, United Kingdom.
3.3 You will be responsible for paying postage costs associated with returns under this policy.
4.1 The following kinds of products may not be returned under this policy:
(a) DVDs, CDs and other audio or video or audio-visual recordings;
(b) computer software (whether on CD-ROM, DVD-ROM or otherwise);
(c) any product made to your specification;
(d) any product made to order;
(e) any product personalised or adapted for you;
(f) gift vouchers; or
(g) items tampered with or damaged during your possession.
5.1 We will give you a refund for the price you paid to us in respect of any product properly returned by you in accordance with this policy.
5.2 We will refund to you the original delivery charges relating to the returned product.
5.3 We will not refund to you any costs you incur in returning the product to us.
5.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
5.5 We will process the refund due to you as soon as possible and, in any event, within 30 days following the day we receive your returned product.
6. Improper returns
6.1 If you return a product in contravention of this policy, and you do not have any other legal right to a refund or exchange in respect of that product:
(a) we will not refund the purchase price or exchange the product;
(b) we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and
(c) if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.
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Promotions, Promotion Periods and competitions
These are the terms which apply to any competition, prize draw, promotion, or a combination of any of these, which we or our promotion partners may run, whether on our websites, partners sites or social media platforms.
For the purposes of all Promotions, the promoter is the entity You have contracted with under these Terms and Conditions
In these terms and conditions, 'we', ' us', 'our' and 'Promoter ' all mean TES Consumer Solutions Ltd (T/A "Stock Must Go"). Our registered address is: Blakeney Way, Kingswood Lakeside, Cannock, Staffordshire, WS11 8JD, United Kingdom.
Start and End Date/Time
Each promotion will have its own specific promotional terms and conditions and each promotion (promotion period) will be specified in the applicable individual web landing page or social media platform for the relevant promotion. Each promotion will automatically close at the end of the relevant promotion period, at which point no further participation in that promotion will be possible. Where no promotion period is specified the relevant promotion will end when it is discontinued on the platform.
Participation in any promotion, prize draw, competitions, or other form of promotion, or a combination of any of these is voluntary.
Entering a promotion
To be eligible to participate in any promotion, competition you must be at least 18 years old; or older, or the legal age of majority in Your home country, state or province.
In entering/participating in a Promotion, you confirm that you are eligible to do so and eligible to claim any prize you may win. We may require you to provide proof that you are eligible to enter into the Promotion.
You may only make a maximum of one entry into each Promotion or competition (unless the Specific Rules for a particular Promotion expressly set a higher maximum number of entries for that Promotion).
Competitions and prize draws exclude employees and their immediate families or households (whether related or not) of the promoter, its agents or anyone professionally connected to the competition or promotion.
There is no charge to enter a Promotion. However, if entry is made via text message, MMS or telephone call, your network provider will usually charge according to their standard rate or deduct it from your allowance. If entry is made by text message, be sure to use the correct shortcode; be aware that shortcodes change from Promotion to Promotion. In all cases, please check with your service provider for more details. If you are not the bill payer, you must obtain the bill payer's permission before entering.
Competition winners and notifications
Entrants who win a prize as the result of any promotion consisting of a draw, competition, contest, (each, respectively, a winner and a prize) must accept the relevant prize “as is” and there is no right to a cash alternative unless we, in our sole discretion, elect to offer such a cash alternative (which may be less than the full value of the prize). We reserve the right, at any time, to substitute any prize with one or more prizes (other than a cash alternative) of substantially equivalent value.
Prizes will be drawn at random, no favouritism will be shown in terms of gender, age, geographic location, or any other factor.
All prizes will be drawn by the time or within the timeframe specified in the applicable specific promotional terms and, unless otherwise indicated there, a cash prize will be paid into the account of the winner. Where We arrange for a non-cash prize to be delivered to you, the delivery may need to be signed for. In the case of a non-cash prize, We will make all reasonable attempts to contact the winner using his/her account contact details.
If you win a prize, we will notify you within 30 days of the end date of the Promotion. To claim the prize, respond to the notification within the deadline set out in the Specific Rules (or within 28 days if no time frame is set in the Specific Rules within the notification) and follow the instructions which will be provided to you. If we have not been able to make contact with the winner within 30 days of the prize being won, we reserve the right to draw another winner in place of the original winner or to forfeit the prize altogether without liability to the winner.
Any entitlement to receive a prize is non-transferable.
The winner is solely responsible for the payment of any applicable tax in relation to the relevant prize and for any costs associated with the prize or its use, including without limitation the cost of complying with any requirements of applicable local law.
Where a prize consists of an event, activity, holiday or the performance of a service, the winner is solely responsible for complying with any booking or other conditions or instructions of the relevant third party provider or organiser and must be able to comply with any restrictions as to dates and times in relation to the prize (which may not be re-scheduled) and any other eligibility restrictions imposed by the relevant third party provider or organiser. The contract in relation to any such event, activity, holiday or service will be directly between the winner and the relevant third party provider or organiser and we will not be a party to that contract or have any liability in relation to its performance or non-performance, which shall be the sole responsibility of the relevant third party provider or organiser. We will not provide any form of insurance, including without limitation any public liability or cancellation insurance, in respect of any prize consisting of an event, activity, holiday or service.
Where, in relation to any prize, we make use of any third party name or trade mark, these are proprietary to the relevant third party. No licence, affiliation, sponsorship or endorsement is claimed or should be inferred from the use of these names or trade marks or the use of any photograph of a prize. Any photograph used to promote a prize is for illustrative purposes only and the actual prize may differ from the item shown in the photograph, including without limitation as to make, model, specification, colour, finish, packaging and other features.
Our offering of a particular prize implies no affiliation on our part with or sponsorship or endorsement of the relevant third-party manufacturer, supplier, provider or organiser.
The winner is solely responsible for all use made of the prize. Except as expressly provided in these standard promotional terms, no representations, warranties, conditions or other terms are made, given or accepted by us and no other terms shall apply, as between us and any person, in relation to any prize, including without limitation any terms as to suitability, reliability, satisfactory quality or fitness for purpose, or any other implied terms, all of which we exclude to the maximum extent permitted by law.
The draw process for prizes, competitions or other form of promotion, or a combination is as follows:
(a) Each entry validly submitted by every entrant into a prize draw will be randomly selected;
(b) The prize draw winner will be selected by our marketing team or such other responsible person that they may direct;