Last updated October 2014
- Eligibility of Purchase
- Pricing Policy
- Acceptance of your Order
- Intellectual Property
- Feedback from our Users
- Your Rights
- Limitation of Liability
- No Waiver
- Our Relationship
- Governing Law
TENGRI is a trading name of Tengri Ltd, a company registered in England and Wales under registration number 08959803. Our registered address is 34B York Way, London, N1 9AB, United Kingdom.
We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
Wherever used in these TOS, “you”, “your”, “Customer”, “user” or similar terms means the person or legal entity accessing or using the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service.
Tengri reserves the right to modify, discontinue or terminate the Site or Services or to modify the TOS, at any time and without prior notice. If we modify the TOS, we will post the modification on the Site or otherwise provide you with notice of the modification. The date of most recent revision shall be noted at the beginning of the TOS. By continuing to access or use the Site or Services after we have posted a modification to these TOS or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified TOS. If the modified TOS are not acceptable to you, you must cease using the Services. No revisions to these TOS will apply to any dispute between you and Tengri that arose prior to the date of such revision.
These TOS shall not be modified except in writing. The heading references used in these TOS are for convenience purposes only, do not constitute a part of these TOS, and shall not be deemed to limit or affect any of the provisions hereof.
Eligibility to Purchase
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, email address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided. The Site is available only to individuals and others who meet the Tengri terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to Tengri, whose applications are acceptable to Tengri and who have authorised Tengri to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Tengri reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. Tengri offers products for sale that are in stock and available for dispatch from our distribution centre. Occasionally however, we may be waiting for shipments from our manufacturing facilities. Consequently you may from time to time be given the possibility of pre-ordering certain items in which case you are able to make an Advance Payment. This will ensure that you receive this item in priority once stock has been delivered to Tengri. Tengri will only take Advance Payment orders for stock that has been scheduled for delivery. Your rights regarding pre-orders are the same as those for any other purchase at Tengri.
Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.
Tengri will store a record of your transactions for a minimum of one year.
Prices shown on the Site are in GBP, Euros or USD and are inclusive of VAT at the applicable rate unless you have selected an alternative country where VAT is not chargeable, as indicated in the top left-hand corner of the Site. All prices and offers remain valid as advertised from time to time.
If you are a customer whose credit/debit card is not denominated in Sterling the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
Acceptance of your Order
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it. Unless you cancel your order, acceptance of your order and completion of the contract between you and Tengri will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in London, England and the language of the contract is English. We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Payment can be made by Visa, MasterCard, American Express, Visa Debit, Visa Delta, Electron and JCB cards, and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon placing your order. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Tengri, we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Stripe, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered Tengri user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated. To help ensure that your shopping experience is safe, simple, and secure, Tengri uses Secure Socket Layer (SSL) technology. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.
The Site, Services, and Tengri Content are protected by copyright, trademark and other laws of England and Wales and other countries. Content means any text, graphics, photographs, images, audio, video, software, data compilations, page layout, underlying code and any other information capable of being stored in a computer that appears on or forms part of this Site. Except as expressly provided in these TOS, Tengri and its licensors exclusively own all right, title and interest in and to the Site, Services, and Tengri Content, including all associated intellectual property rights and is protected by applicable legislation around the world.
Any commercial use, including the reproduction, modification, distribution and transmission of any content is strictly prohibited without the written consent of Tengri Ltd. Where we have indicated that you may download materials from this site, you may only download and use them as indicated, or to raise awareness about Tengri Ltd and fairshare business.
Tengri claims no ownership interest in any Third Party Materials and expressly disclaims any liability concerning those materials.
Feedback from Our Users
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at email@example.com You acknowledge and agree that all Feedback will be the sole and exclusive property of Tengri and you hereby irrevocably assign to Tengri and agree to irrevocably assign to Tengri all of your right, title, and interest in and to all Feedback, including without limitation, all worldwide patent rights, copyright rights, trade secret rights and other proprietary or intellectual property rights.
You agree to defend, compensate, and hold Tengri, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with User Content, your access to or use of the Site, Services or Tengri Content, or your violation of these TOS.
You have certain rights under the law. In England these include:
- That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
- Certain remedies if a product is defective; and
- A right to cancel any order for a product within 14 days after the date of receipt of the product and receive a full refund even if it is not defective (see Cancelling your order above).
Nothing in the TOS is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.
Limitation of Liability
Nothing in the TOS is intended to affect your statutory rights as a consumer (see ‘Your Rights’ above). If Tengri breaches the TOS we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and Tengri at the time of you placing your order, and Tengri dispatching your order. We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).
We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control. This may include any act of god; legislation; war; fire; flood; drought; inadequacy or unsuitability of any instructions, electronic file or other data or materials. Failure of power supply; lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute; or owing to any inability to procure materials required for the performance of the TOS.
The failure of Tengri to enforce any right or provision of these TOS will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Tengri. Except as expressly set forth in these TOS, the exercise by either party of any of its remedies under these TOS will be without prejudice to its other remedies under these TOS or otherwise. If for any reason a court of competent jurisdiction finds any provision of these TOS invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these TOS will remain in full force and effect.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Tengri as a result of these TOS or your use of the Site or the Services.
Complaints If you have a complaint about us email firstname.lastname@example.org giving full details including date of purchase and order reference number where applicable and your full name, address and contact details.
Governing Law. The TOS are governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.