Terms of Use
Last Updated: October 2024
1. ACCEPTANCE OF TERMS
Welcome to Tatamax, an e-commerce platform based in England. By accessing or using our website, you agree to comply with our Terms of Use. These terms govern your interaction with our services, ensuring a safe and transparent shopping experience. Please review them carefully to understand your rights and obligations.
These Terms of Use ("TOU") govern your use of the
content, software and services offered through the Service. Please read this
TOU carefully before using the Service. By using the Service, you accept and
agree to be bound by the TOU. If you disagree with the TOU or any changes made
thereto, you should discontinue your use of the Service.
Tatamax reserves the right, at its sole discretion, to
change, modify, add or remove sections of these TOU at any time. It is your
responsibility to check these TOU periodically for changes. Your continued use
of the Service following the posting of changes will mean that you accept and
agree to the changes. As long as you comply with these TOU, Tatamax grants you
a personal, non-exclusive, non-transferable, limited privilege to enter and use
the Service.
Unless otherwise agreed to in writing by you and Tatamax, by registering for or otherwise using the Service in any manner, including, but not limited to, visiting or browsing the Service, you agree to be bound by and comply with these TOU, and all additional terms and conditions (“Additional Terms”) and policies and guidelines (“Policies”) referenced herein or published or made available by Tatamax, in each case to the extent such Additional Terms and Policies are applicable to your use of the Service.
The Additional Terms and Policies include, but are not
limited to, the following:
● Tatamax Prohibited Products Policy;
● Tatamax Anti-Counterfeit Policy;
● Third Party Legal Complaints Policy;
● Protection of Minor's Policy;
● Tatamax Accuracy of Content Policy.
All Additional Terms and Policies are hereby specifically
incorporated herein by reference, and the TOU, together with all Additional
Terms and Policies, form the entire agreement between you and Tatamax (the
“Agreement”) with respect to the subject matter hereof and supersede all prior
agreements.
To the extent that the TOU conflict with any other
Additional Terms or Policies provided by or through us, the Additional Terms or
Policies, respectively, shall control to the extent of the conflict. Any
additional terms and conditions you may propose in any order confirmation or
other documentation are rejected and shall have no effect unless expressly
agreed to by us in a separate written agreement with you. Your use of a
particular part of the Service may also be subject to guidelines and policies
applicable to such Service which may be posted and changed by Tatamax from time
to time.
This Agreement sets forth the terms and conditions legally
binding on you (“you”) as a user of the Service.
Unless explicitly stated otherwise, any new feature or
enhancement or release of new properties to the Service, shall be subject to
the TOU.
2. PROPRIETARY RIGHTS
AND TRADEMARK INFORMATION
Tatamax is the operator of the Service and the contents of
it are either Tatamax’s property (or that of our affiliated companies) or are
used under licence from our suppliers. Tatamax is the owner of the compilation
of information in this Service.
Tatamax’s rights, and those of our affiliates and suppliers,
are protected by UK, European, and International intellectual property laws,
including those for the protection of copyrights, trademarks, and database
rights. Misuse of this Service may incur civil liability or attract criminal
sanctions. Tatamax grants you a limited, non-exclusive and revocable licence to
access the Service for the purposes of browsing retailers’ products, ordering
goods, or obtaining contact information for retailers or us (or our
affiliates).
Your licence to access the Service does not extend to any
commercial use of our website or to any use of our website whatsoever, which is
for the benefit of any commercial entity other than Tatamax (or our
affiliates).
You acknowledge and agree that the Service contains
proprietary and confidential information that is protected by applicable
intellectual property and other laws. The Tatamax logo, website and Service
marks, and other Tatamax logos and product and service names are trademarks of
BARGAIN BUSTING LIMITED (“Tatamax Marks”). You further acknowledge and agree that
content presented to you through the Service is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws as
outlined in our Tatamax Trademarks Policy.
Except as expressly authorised by Tatamax in writing, you
agree not to display or use in any manner, the Tatamax Marks. Please read
Tatamax’s Trademark Policy for further information on Tatamax Marks. You are
expressly not permitted to download any part of our Service (other than by
reason of automatic page caching), to amend or modify it or any part of it, to
reproduce or copy, sell (including any resale), or otherwise exploit our
Service or website (or any part of it) for any purpose other than as set out
above, nor are you permitted to frame our website.
3.OUR BUSINESS
Tatamax is a global marketplace which allows independent
retailers and buyers to connect with each other. Tatamax allows retailers to
set up stores that list and sell product (“Product” or “Products”) to end
users. Tatamax does not itself sell the
relevant Products, does not handle, verify or otherwise see the relevant
Products, and is not involved in the fulfilment process. Tatamax is not the
manufacturer nor the distributor of the Products on its platform. Each product
display page clearly identifies the name, location and address of the retailer
offering the Products for sale on the Service.
4.COMMERCIAL AGENT STATUS
Each of BARGAIN BUSTING LIMITED may
act as a commercial agent of the retailers only and not on behalf of customers.
In Tatamax’s agreement with the retailers, the retailers have authorised
Tatamax to conclude the sale of Products to customers on behalf of the
retailers.
Tatamax is a business-to-consumer (“B2C”) marketplace –
Tatamax facilitate sales from businesses to end consumers. The retailers are the merchant of record in
respect to the Products sold. Tatamax is the merchant of record in respect to
the payment for the Products purchased. When you purchase a Product on the
Service, the contract for sale is solely between you and the retailer. That
means that when you purchase a Product on the Service, your transaction is with
the Merchant who listed the Product, and that Merchant is responsible for
fulfilling your order.
Tatamax does not verify any of the Products listed for sale
on the Service. Tatamax operates a Notice and Take Down Procedure that third
parties are able to utilise where appropriate and Tatamax may remove Products
at its sole discretion from the Service. Tatamax may assist a retailer with a
Product recall in the event that a Product is deemed unsuitable for sale by a
Product safety regulator.
As Tatamax is a B2C business, tax is charged on your order
in accordance with the B2C tax rules applicable to your order, considering the
purchase price, your location and the retailer’s location. Tatamax is unable to
issue or amend invoices for a business-to-business (“B2B”) scenario.
Further to the above, Tatamax does not have possession of
anything listed or sold through its websites and is not involved in the actual
transaction between buyers and sellers (the retailers). Tatamax is not a party
to the transaction and the contract for the sale is directly between buyer and
seller. While Tatamax may help to facilitate the resolution of disputes,
Tatamax has no control over and does not guarantee the existence, quality,
safety or legality of the Products listed; the accuracy of the seller’s
listings content; the ability of sellers to sell items; the ability of buyers
to pay for items; or that a buyer or seller will actually complete a
transaction or return an item.
As a responsible online platform, the integrity of the
Service is of the utmost importance to our business and all our partners. All
retailers using the Service must adhere to Tatamax’s retailer terms and
conditions and we require both retailers and consumers to adhere to the terms
outlined in this TOU.
All Products sold by retailers on the Service are sold on
the basis that they are for personal, domestic use only.
5.TATAMAX’S PRIVACY NOTICE
Registration Data (as defined below) and certain other
information about you is subject to Tatamax’s Privacy Notice. For more
information, please see our full Privacy Notice.
You agree that we may access, preserve, and disclose your
account information and any content provided to you through the Service
(“Content”): (a) to Tatamax’s affiliated companies worldwide for the purpose of
providing the Service to you and others in an efficient manner; (b) for the
purpose of properly administering your account in accordance with our standard
operating procedures; and (c) if required to do so by law or in the good faith
belief that any such access, preservation or disclosure is reasonably necessary
to: (i) comply with legal process; (ii) enforce the TOU; (iii) respond to
claims that any Content violates the rights of third-parties; (iv) respond to
your requests for customer service; or (v) protect the rights, property, or
safety of the Service, its users and the public.
Tatamax may record customer service or sales calls for
training and quality standard purposes and collect other information related to
the interaction between you and Tatamax and between you and the retailer
represented by us.
6.YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to:
(a) provide true, accurate, current and complete information about yourself as
prompted by the Service's registration form ("Registration Data") and
(b) maintain and promptly update the Registration Data to keep it true,
accurate and complete.
If you provide any information that is untrue, inaccurate or
incomplete, or we have reasonable grounds to suspect that such information is
untrue, inaccurate or incomplete, we have the right to suspend or terminate
your account and refuse any future use of the Service (or any portion thereof).
Tatamax has a Protection of Minors Policy and in order to
use the Service, you must be at least eighteen (18) years of age. Tatamax has
made it mandatory for third-party retailers using the Service to implement age
verification processes for the sale of any age-restricted Products.
7.TATAMAX ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon
completing the Service's registration process. You are responsible for
maintaining the confidentiality of the password and account and are fully
responsible for all activities that occur on the Service under your password or
account. You agree to immediately notify us of any unauthorised use of your
password or account and of any other breach of security in respect of the
Service. Tatamax cannot and will not be liable for any loss or damage arising
from your failure to comply with this section.
8.PRODUCTS AND DELIVERY
As explained in Section 4 above, all Products displayed on
the Service are sold by third-party independent retailers. Tatamax is neither
the buyer nor the seller of the Products. BARGAIN BUSTING LIMITED is the Service
platform provider.
In our agreements with the retailers, the retailers have
authorised Tatamax to conclude the sale of Products to customers. This means
that depending on the transaction being completed, tatamax.com Ltd or BARGAIN BUSTING LIMITED has the authority from the retailers to bind the retailers to a
sale of Products but this does not impact the parties which are contracting for
the sale of the relevant Product. A contract formed on the completion of a sale
of a Product through the Service is made solely between the customer and the
retailer, although Tatamax has the retailer’s authority to bind the retailer to
a sale of a Product pursuant to such contract. Tatamax is not a party to such
contract nor assumes any responsibility arising out of or in connection with
it.
We are monitoring retailers' delivery processes in respect
of sales made through the Service and customers' feedback of Products sold,
however, Tatamax does not have any direct control over and does not handle or
verify the individual Products or deliveries of Products sold on the Service.
When you place an order using the Service, you will receive
an email confirming receipt of your order. This email is only an
acknowledgement for information purposes and it does not constitute acceptance
of your order by the retailer. The contract between you and the retailer in
relation to the Products will not be formed until we have checked that the
retailer accepts your order. If your order is accepted, Tatamax will send you a
confirmation email, which concludes the contract between you and the retailer.
The confirmation email will include a description of the Products purchased in
the order and certain other information about your rights to cancel the
contract between you and the retailer. Only those Products listed in the
dispatch confirmation email are included in the contract between you and the
retailer. If an order has been marked as confirmed, cancellation may not be
possible as the retailer begins the fulfilment process immediately once an
order has been confirmed. Please see the Cancellation and Returns Policy for
further information.
Tatamax receive your payments on behalf of the retailer, and
we also undertake to refund you on behalf of the retailer any moneys which you
may become entitled to. It is the retailer’s primary decision as to whether
there is a legitimate entitlement to a refund. However, there are some limited
circumstances in which we may decide to issue a refund and reclaim this amount
from the retailer. Your payment will be
processed by tatamax.com Ltd or any wholly owned subsidiary of tatamax.com Ltd
(including Tatamax (Ireland) Ltd) and passed by us to the relevant retailer(s)
in settlement of your debt to each retailer for purchases made by you through
the Service.
Further instructions are given in the relevant chapters of
the Tatamax Help Centre. Such instructions may be amended from time to time
with or without notice to you. You understand and agree that such instructions
will form an integral part of this TOU.
Warranty terms are Product specific, and therefore will be
provided with the relevant Product, or by the relevant retailer.
9.COMPLIANCE WITH LOCAL LAWS AND RULES
You must familiarise yourself with all applicable local laws
and rules relating to online conduct, acceptable content and prohibited
Products in the country in which you reside. You will be responsible for any
customs charges, fines, penalties, sanctions or other expenses incurred
pursuant to an order made by you if it is deemed to be illegal in the country
in which you are ordering the Product.
We request that retailers check the Products available for
sale on the Service are compatible for the consumer’s country of residence
however, it is your responsibility to carefully review the Product description
prior to placing an order.
As Tatamax is a global marketplace, some items may be listed
on more than one Service. It is the responsibility of the seller and consumer
to ensure that all laws and regulations concerning cross-border transactions
are followed.
10. NO RESALE OF
SERVICE
You agree not to reproduce, duplicate, copy, sell or resell
any portion of the Service, or use the Service for personal gain. Except as
expressly authorised by Tatamax or advertisers, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative works based on the Service,
in whole or in part.
You agree not to access, or make an attempt to access the
Service by any means other than through the interface that is provided by us
for use in accessing the Service.
11. MODIFICATIONS TO SERVICE
We reserve the right at any time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without
notice. You agree that we shall not be liable to you or to any third party for
any modification, suspension or discontinuance of the Service.
12. LINKS
The Service may provide, or third parties may provide,
content or links to other Internet sites or resources. You acknowledge and
agree that Tatamax is not responsible for the availability of such external
content, sites or resources, and Tatamax does not endorse and is not
responsible or liable for any materials or services on or available from such
sites or resources. Tatamax does not have any control over third-party content
or websites, nor can Tatamax be liable in respect of anything contained on these
websites.
You further acknowledge and agree that Tatamax shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any such
materials or services available on or through any such site or resource.
13. INDEMNITY
You agree to indemnify and hold harmless Tatamax and all our
subsidiaries, affiliates, officers, shareholders, agents and other partners,
retailers and employees, from any claim or demands, loss, liability, claims or
expenses, including reasonable legal costs, made against Tatamax by any third
party due to or arising out of or in connection with your use of the Service
(including but not limited to content you submit, post to or transmit through
the Service, your use of or connection to the Service, your violation of the
TOU, or your violation of any rights of another).
14. DISCLAIMERS
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
YOUR USE OF THE
SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS AND OTHER
TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO
ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A
PARTICULAR PURPOSE.
WE MAKE NO
WARRANTY OR REPRESENTATION THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (OR THAT
ANY DEFECTS WILL BE CORRECTED), (III) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) AND THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
DOWNLOADING OR
OTHERWISE OBTAINING ANY CONTENT THROUGH THE USE OF THE SERVICE IS DONE AT YOUR
OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR
FROM THE SERVICE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY
STATED IN THE TOU.
WE DISCLAIM ANY
AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN
CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR THE SERVICES.
YOU ASSUME TOTAL
RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY
AGAINST TATAMAX FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP
USING THE SITE OR ANY SUCH CONTENT.
The above disclaimer applies to any damages, liability or
injuries caused by any failure of performance, error, omission, interruption,
deletion, defect, delay in operation or transmission, computer virus,
communication line failure, theft or destruction of or unauthorised access to,
alteration of, or use, whether for breach of contract, tort, negligence or any
other cause of action.
Tatamax reserves the right to do any of the following, at
any time, without notice: (1) to modify, suspend or terminate operation of or
access to the Service, or any portion of the Service, for any reason; (2) to
modify or change the Service, or any portion of the Service, and any applicable
policies or terms; and (3) to interrupt the operation of the Service, or any
portion of the Service, as necessary to perform routine or non-routine
maintenance, error correction, or other changes.
15. LIMITATION OF
LIABILITY
You agree to allow Tatamax reasonable opportunity to work
with you to resolve any matter that we may be potentially liable for, before
incurring any costs by resolving the incident yourself.
EXCEPT WHERE PROHIBITED BY LAW, YOU EXPRESSLY ACKNOWLEDGE
AND AGREE THAT TATAMAX SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER
DIRECT OR INDIRECT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (I) THE USE OR THE INABILITY
TO USE THE SERVICE OR ANY PRODUCT DISPLAYED IN THE SERVICE; (II) THE COST OF
PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO
THE SERVICE OR PRODUCTS DISPLAYED OR SOLD THROUGH THE SERVICE.
OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL NOT
EXCEED THE AMOUNT PAID BY YOU FOR THE RELEVANT PRODUCT OR SERVICES.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE
CONTRARY, TO BE VALID, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED
TO USE OF THE SERVICE, ANY PRODUCTS DISPLAYED IN OR SOLD THROUGH THE SERVICE OR
THE TOU MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION
AROSE.
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL BE LIABLE FOR ANY
LOSSES OR DAMAGES TATAMAX SUFFERS DUE TO YOUR INCORRECT USE OF THE SERVICE OR
ANY BREACH OF THESE TOU, PROVIDED THAT, THE LOSS OR DAMAGE WAS REASONABLY
FORESEEABLE AND TATAMAX HAS COMPLIED WITH ITS OBLIGATION TO MITIGATE ANY
LOSSES.
16. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGE.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY
TO YOU.
NOTHING IN THE TOU SHALL AFFECT THE STATUTORY RIGHTS OF
CONSUMERS.
17. BREACH OF TOU AND
TERMINATION
Tatamax may disclose any information we have about you
(including your identity) if we determine that such disclosure is necessary in
connection with any investigation or complaint regarding your use of the
Service, or to identify, contact or bring legal action against someone who may
be causing injury to or interference with (either intentionally or
unintentionally) Tatamax’s rights or property, or the rights or property of
visitors to or users of the Service, including Tatamax’s customers. Tatamax reserves the right at all times to
disclose any information that Tatamax deems necessary to comply with any
applicable law, regulation, legal process or governmental request. Tatamax also
may disclose your information when it determines that applicable law requires
or permits such disclosure, including exchanging information with other
companies and organisations for fraud protection purposes.
You agree that Tatamax may, in its sole discretion and
without prior notice, terminate your access to the Service and/or block your
future access to the Service if we determine that you have violated these TOU
or other Additional Terms, Policies or guidelines which may be associated with
your use of the Service. You also agree that any violation by you of these TOU
will constitute an unlawful and unfair business practice, and will cause
irreparable harm to Tatamax, for which monetary damages would be inadequate,
and you consent to Tatamax obtaining any injunctive or equitable relief that
Tatamax deems necessary or appropriate in such circumstances. These remedies
are in addition to any other remedies Tatamax may have at law or in equity.
You agree that Tatamax may, in its sole discretion and
without prior notice, terminate your access to the Service, for cause, which
includes (but is not limited to) (1) requests by law enforcement or other
government agencies, (2) a request by you (self-initiated account deletions),
(3) discontinuance or material modification of the Service or any service
offered on or through the Service, or (4) unexpected technical issues or
problems.
If Tatamax does take any legal action against you as a
result of your breach of these TOU, Tatamax will be entitled to recover from
you, and you agree to pay, all reasonable legal fees and costs of such action,
in addition to any other relief granted to Tatamax. You agree that Tatamax will
not be liable to you or to any third party for termination of your access to
the Service as a result of any breach of these Terms of Use.
You agree that any termination of your access to the Service
under any provision of this TOU may be effected without prior notice, and
acknowledge and agree that Tatamax may immediately deactivate or delete your
account.
Any account that has not been used for a certain period of
time may be terminated and all contents therein permanently deleted in line
with Tatamax’s guidelines and policies. You agree that we have no
responsibility or liability for the deletion or failure to store any content
maintained or transmitted by the Service.
18. INTELLECTUAL PROPERTY CLAIMS
Tatamax respects the intellectual property rights of others
and has an operating Notice and Take Down procedure. If you believe that any of
your intellectual property rights have been infringed on the Service , please
report the issue to legal @tatamax.com with all required supporting
documentation in line with our Third Party Legal Complaints Policy.
19. PROMOTIONAL CODES
Tatamax may issue promotional codes that enable consumers to
obtain benefits such as discounts on the orders they place using the Service.
These codes are non-transferable, so may only be used by the person to whom
they are issued and must only be used in accordance with their terms and
conditions of use. If you use a promotional code to claim a promotional
benefit, you must first check that it was issued to you and that you are
eligible to use it. By using it to claim a promotional benefit you will be confirming
that (i) you are entitled to use the code; (ii) you meet all the conditions
that apply to its use; and (ii) you agree to the terms and conditions
associated with the promotion. If Tatamax find that you are not entitled to use
the promotion or do not meet the terms and conditions of its use, your order
may be rejected or alternatively, it may be processed by the retailer without
the promotional benefit being applied.
20. REVIEWS
Tatamax does not display consumer reviews of Products on its
Service. However, Tatamax does collect Trust Pilot reviews to allow users to
reflect their experience. Users do not review individual Products but can
review their experience of the Service.
Tatamax only accepts reviews with an order number attached
to verify that all reviews are based on a genuine experience. If a review has
been submitted without an order number, Tatamax will submit a request for
additional information. If this request is not complied with then we will
remove the review as we would be unable to confirm if it was from a verified
purchaser.
21. HOW TATAMAX ONLINE SEARCH RESULTS ARE RANKED
The results from searches conducted on the Service are
ranked using the following factors: relevancy (to the search query), historical
sales and service performance of the relevant retailers, and the commission
that Tatamax may earn from a retailer when an item is purchased. Where search
results or the content of Product carousels or other promotional content on the
Service are primarily influenced by payments made by retailers (Sponsored
Content), this will be stated alongside the content or results.
22. VIOLATIONS
Please report any violations of the TOU to Tatamax customer
care.
23. NOTICE
Notices to you may be made by either e-mail or regular mail.
The Service may also provide notices of changes to the TOU or other matters by
displaying notices or links to notices to you generally on the Service.
24. CANCELLATION
In most cases, it is not possible to cancel an order after
it is placed as the fulfilment process begins immediately by retailers for most
orders.
If it is possible to cancel your order, the retailer will
advise you that they have been able to do this. If they are not able to cancel,
for example, if your order has already been shipped, then you will need to wait
for the delivery and return the goods in line with our returns policy.
Under applicable law, consumers based in the EU, EEA and UK
have a right to withdraw from or cancel certain purchases for a refund. The
right of withdrawal or cancellation (hereinafter jointly referred to as
"right of withdrawal") allows EU/EEA/UK consumers to withdraw from
their purchase of physical goods within 14 days from receipt of delivery and to
return their purchase in exchange for a refund.
Separately, and without restricting the EU/EEA/UK right of
withdrawal, Tatamax voluntarily offers a return period to all customers
worldwide. Please see our Right of Withdrawal Policy for details of this
process.
You must inform us of your decision to cancel your order as
per our Returns, Refunds and Cancellations page. We recommend that you submit your request through our
Interactive Help Centre, as this is the quickest way to request a cancellation,
but for customers based in the EU, EEA and UK may, if
preferred, please complete, print and post the model withdrawal form below
(though this is not obligatory):
Please complete the following sections below the line, print
and post the form to:
Customer Services Team, BARGAIN BUSTING LIMITED, 1 Agincourt Villas, Uxbridge Road, Hillingdon, Middlesex, UB10 0NX, United Kingdom.
To: Customer Services Team, BARGAIN BUSTING LIMITED, 1 Agincourt Villas, Uxbridge Road, Hillingdon, Middlesex, UB10 0NX, United Kingdom.
I hereby give notice that I withdraw from my contract of
sale of the following goods:
Order number:
Ordered on:
Your name:
Your address:
Your Service account e-mail address:
Your signature:
Date:
You will also need to return your Product(s) to the retailer
from which you purchased the goods to enable us to process your refund. This
will be a different address to that above; you can do this through our
interactive Help Centre.
DO NOT send your Products directly to Tatamax - this will
delay your cancellation and refund.
25. DISPUTES AND GOVERNING JURISDICTION
Buyers and Sellers
If you find yourself in a dispute with another user of the
Service or a third party, we encourage you to contact the other party and try
to resolve the dispute amicably.
Any issues with a Product should primarily be raised
directly with the retailer selling the Product.
Buyers and sellers who are unable to resolve a dispute
related to a transaction on the Service may work with Tatamax’s Customer
Services to find a resolution. At Tatamax’s sole and absolute discretion,
Tatamax may attempt to help you resolve disputes in good faith, but we will not
make judgements or determinations regarding legal issues or claims. Tatamax has
no obligation to resolve or to assist in resolving any disputes.
You agree to release Tatamax from any claims, demands, and
damages arising out of disputes with other users or third parties.
Buyers and Tatamax
If a dispute arises between you and Tatamax, we encourage
you to contact our Customer Services using our Help Centre to seek a
resolution.
This Agreement shall be governed by and construed in
accordance with the laws of England and Wales.
For any dispute relating to this Agreement, you agree to submit to the
exclusive jurisdiction of the English courts.
You or Tatamax may refer qualifying disputes to mediation
before the Centre for Effective Dispute Resolution, https://www.cedr.com , or if you reside in
the EU, for resolution through the European Commission's online dispute
resolution platform, which you can access here
https://ec.europa.eu/consumers/odr
26. GENERAL INFORMATION
Tatamax shall not be responsible to you, whether in
contract, tort (including negligence) or otherwise, for incidental, special,
indirect or consequential loss or damage, any loss of profit (direct or
indirect), loss of sales, loss of goodwill or reputation, loss of business,
third party claims, pure economic loss arising out of or in connection of the
performance or non-performance of our obligations under these TOU including
such damage as may be reasonably foreseeable at the date you order the goods using
the Service.
Nothing in these TOU shall exclude or restrict our liability
for death or personal injury caused by our negligence.
A person who is not a party to these TOU shall have no right
to enforce any term under the Contracts (Rights of Third Parties) Act 1999.
If any provision of these TOU is found to be invalid or
unenforceable by a court the invalidity or unenforceability of such provision
shall not affect the other provisions of these TOU. Any failure by Tatamax to
exercise or enforce any right or provision of the TOU shall not constitute a
waiver of such right or provision.
Tatamax may assign or transfer any of our rights or
subcontract any of our obligations under these TOU to any third party. Tatamax shall be entitled
to assign or transfer any or all of our rights and obligations (without your
prior consent) to any of our affiliated companies. You agree that your Tatamax
account is personal and non-transferable. You may not assign or transfer any of
your rights or subcontract any of your obligations under these TOU except with
Tatamax’s express permission in writing.
These TOU govern the entire relationship between you and
Tatamax and will remain in force for the duration of our relationship. Nothing
contained in this Agreement is intended or is to be construed to create a
partnership, joint venture or agency relationship, employment or franchise
relationship between you and Tatamax.
This Agreement (including the practices and policies
referred to herein) constitutes the entire agreement between you and Tatamax,
and supersedes any prior agreements between the parties with respect to the
subject of this Agreement.
Your use of the Service may be subject to additional terms
and conditions that may apply when you use affiliate services, third-party
content or third-party software. The section titles in this TOU are for
convenience only.
These TOU will remain in effect even after your access to
the Service is terminated or your use of the Service ends.