Website Distant selling, terms of use, privacy and Cookie Policies.
 
These terms, together with the documents referred to in them, set out the terms on which you use our website, www.cactus-tongue.co.uk (“Our Site”). Use of Our Site includes, amongst other things, accessing, browsing, registering to use Our Site, and using our online shop.
Please read these terms carefully before you start using our site as they will apply to your use of Our Site.
By using Our Site, you confirm that you accept these terms of use and agree to comply with them.
Other applicable terms
These terms of use refer to the following additional documents, which also apply to your use of our site:

  • Our Privacy & Cookie Policy, which sets out how we process any personal data we collect from you or that you provide to us and provides information about the cookies on our site. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

  • Our Acceptable Use Policy & Content Standards, at the end of this document, which sets out how you can and cannot use our site, including the use of interactive features, our responsibilities to you, and the penalties for breaching the policy. 

Information about us
Our site is operated by Taylor Biddle Design Limited trading as Cactus Tongue ("we"), a limited company registered in England and Wales under company number 08312643. Our registered office is at Lakeside Offices, The Old Cattle Market, Coronation Park, Helston, Cornwall, TR13 0SR. Our trading address is Chymder Farmhouse Studios, Cury Churchtown, Helston, Cornwall, TR12 7BP. 
Changes to these terms
We may revise these terms of use at any time by amending this page. Please ensure that you familiarise yourself with our terms before using our site.
Changes to our site
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Accessing our site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site. 
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them. 
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site. 
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status and that of any identified contributors as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
No reliance on information
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our site is accurate, complete or up-to-date.
Limitation of our liability
Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or

  • use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;

  • business interruption; 

  • loss of anticipated savings;

  • loss of business opportunity, goodwill or reputation; or

  • any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any Website linked to it.
We assume no responsibility for the content of Websites linked on our site. Such links should not be interpreted as endorsement by us of those linked Websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by us to you, which will be set out in our Distance Selling Policy [INSERT LINK TO DISTANCE SELLING POLICY].
Viruses
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our site must not be framed on any other site.
We reserve the right to withdraw linking permission without notice.
The Website in which you are linking must comply in all respects with the content standards as notified to you from time to time.
If you wish to make any use of content on our site other than that set out above, please e-mail us at jon@taylorbiddle.co.uk
Third party links and resources in our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. 
We have no control over the contents of those sites or resources and we are not liable for any such contents or resources.
Applicable law
If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by the law of English law. You and We both agree to that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by the law of England and Wales. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Acceptable Use Policy
Prohibited uses
You may use our site only for lawful purposes.  You may not use our site:

  • in any way that breaches any applicable local, national or international law or regulation;

  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

  • for the purpose of harming or attempting to harm minors in any way;

  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;

  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or

  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of Website use; and

  • Not to access without authority, interfere with, damage or disrupt:

any part of our site;
any equipment or network on which our site is stored;
any software used in the provision of our site; or
any equipment or network or software owned or used by any third party.
Interactive services
We may from time to time provide interactive services on our site.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular for children) from third parties when they use any interactive service provided on our site and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in light of those risks.  However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
Content standards
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
Contributions must:

  • be accurate (where they state facts);

  • be genuinely held (where they state opinions); and

  • comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • contain any material which is defamatory of any person;

  • contain any material which is obscene, offensive, hateful or inflammatory;

  • promote sexually explicit material;

  • promote violence;

  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

  • infringe any copyright, database right or trade mark of any other person;

  • be likely to deceive any person;

  • be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

  • promote any illegal activity;

  • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

  • be likely to harass, upset, embarrass, alarm or annoy any other person;

  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

  • give the impression that they emanate from us, if this is not the case; or

  • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site.  When a breach of this policy has occurred, we may take such action as we deem appropriate. 
Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use our site;

  • immediate, temporary or permanent removal of any posting or material uploaded by you to our site;

  • issue of a warning to you;

  • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

  • further legal action against you; and/or

  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy.  The responses are not limited to those described in this policy, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
Contact us
To contact us, please email us at jon@taylorbiddle.co.uk
Thank you for visiting our site.
 
Distance Selling Policy 
These terms, together with our Website Terms of Use, Privacy & Cookie Policy [IN and any other documents referred to in them, tells you information about us and the legal terms and conditions (“Terms”) on which we sell any of the products (“Products”) listed on our website, www.cactus-tongue.co.uk (“Our Site”), to you. 
These Terms will apply to any contract between us and you 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 as they will apply to any order placed through Our Site. Before placing an order you will be asked to agree to these Terms. If you refuse to accept our Terms, you will not be able to order any Products from Our Site.
We may amend these Terms from time to time, as set out in clause 8. Every time you wish place an order, 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.
1.              Information about us
1.1           Our Site is operated by Taylor Biddle Design Limited, trading as Cactus Tongue (“We”). We are a limited company registered in England and Wales under company number 08312643. Our registered office is at Lakeside Offices, The Old Cattle Market, Coronation Park, Helston, Cornwall, TR13 0SR. Our trading address is Chymder Farmhouse Studios, Cury Churchtown, Helston, Cornwall, TR12 7BP. Our VAT number is: GB 168 7250 80
1.2           Contacting us if you are a consumer:
1.2.1             If you would like to contact us, for whatever reason, you can do so by calling us on +44 (0)1326 241456, or by e-mailing us at jon@taylorbiddle.co.uk  Alternatively, you can write to us at Chymder Farmhouse Studios, Cury Churchtown, Helston, Cornwall, TR12 7BP. If you are writing to us, by post or by e-mail, please ensure that you include details of your order to hep us identify it.
If you would like to cancel a Contract, in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form [INSERT LINK TO FORM] on our website. A link to the cancellation form will be included in our Dispatch Confirmation. We will contact you by e-mail to acknowledge receipt of your cancellation notice. You can also cancel a Contract by calling us on +44 (0)1326 241456, by e-mailing us at jon@taylorbiddle.co.uk or by writing to us at Chymder Farmhouse Studios, Cury Churchtown, Helston, Cornwall, TR12 7BP. If
 
1.2.2             you are writing to us by post or by e-mail, please ensure that you include details of your order to help us identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
1.2.3             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.
1.3           Contacting us if you are a business. You may contact us by telephoning our customer service team at +44 (0)1326 241456 or by e-mailing us at jon@taylorbiddle.co.uk  If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 18.3.
2.              Our Products
2.1           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.
2.2           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.
2.3           The packaging of the Products may vary from that shown on images on Our Site.
3.              Use of Our Site
Your use of Our Site is governed by our Website Terms and Conditions of Use [INSERT LINK]. Please take the time to read these, as they include important terms which apply to you.
4.              How we use your personal information
We will use your personal information in accordance with our Privacy & Cookie Policy [INSERT LINK]. Please take the time to read these, as they include important terms which apply to you.
5.              IF YOU ARE A CONSUMER
This clause 5 only applies if you are a consumer.
5.1           If you are a consumer, you may only purchase Products from Our Site if you are at least 18 years old.
6.              IF YOU ARE A BUSINESS CUSTOMER
This clause 6 only applies if you are a business.
6.1           If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use Our Site to purchase Products.
6.2           These Terms and any document referred to in them, together with our Privacy & Cookie Policy [INSERT LINK]  and Website Terms of Use [INSERT LINK] constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
6.3           You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them or our  Privacy & Cookie Policy [INSERT LINK] or Website Terms of Use [INSERT LINK].
6.4           You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
7.              How the contract is formed between you and us
7.1           Our Site will guide you through the ordering process and allow you to check and amend your order before submitting it to us. Please take the time to read and check that your order is correct before completing the ordering process.
7.2           After you place an order, you will receive an e-mail from us acknowledging that we have received your order.  However, please note that this does not mean that your order has been accepted.  Our acceptance of your order will take place as described in clause 7.3.
7.3           We will confirm our acceptance of your order by sending you an e-mail confirming that the Products have been dispatched (“Dispatch Confirmation”).  The Contract between us will only be formed when we send you the dispatch confirmation.
7.4           If we are unable to supply you with a product, for example because that product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on Our Site as referred to in clause 12.6, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
8.              Our right to vary these Terms
8.1           We may amend these Terms from time to time. Notification of the date the Terms were last updated can be found on Our Site.
8.2           Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
8.3           We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
8.4           If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
9.              Your CONSUMER right of return and refund
This clause 9 only applies if you are a consumer.
9.1           If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional charges) Regulations 2013 during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or 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 is available from your local Citizens' Advice Bureau or Trading Standards office.
9.2           However, this cancellation right does not apply in the case of:
9.2.1             Bespoke or custom made goods;
9.3           Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
Your Contract 
End of the cancellation period

 
Your Contract is for a single product (which is not delivered in instalments on separate days)
 
 
The end date is the end of 14 days after the day on which you receive the Product.
 
Example: if we provide you with a dispatch confirmation on 1 January and you receive the product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
 
 
Your Contract is for either of the following:

  • one product which is delivered in instalments on separate days; or

 

  • multiple Products which are delivered on separate days.

 
The end date is 14 days after the day on which you receive the last instalment of the product or the last of the separate Products ordered.
 
Example: if we provide you with a dispatch confirmation on 1 January and you receive the first instalment of your product or the first of your separate Products on 10 January and the last instalment or last separate product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
 

Your Contract is for the regular delivery of a product over a set period.
 
 
The end date is 14 days after the day on which you receive the first delivery of the Products.
 
Example: if we provide you with a dispatch confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.
 

 
9.4           To cancel a Contract, you just need to let us know you have decided to cancel. The easiest way to do this is to complete the cancellation form on our website [INSERT LINK TO CANCELLATION FORM]. You can also contact us as set out in clause 1.2 If you are e-mailing us or writing to us, please include details of your order to help us identify it. Where notification has been sent by post or by e-mail, cancellation will be effective from the date notification was sent.
9.5           If you cancel your Contract we will, in accordance with these Terms:
9.5.1             refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;
9.5.2             refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option;
9.5.3             make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(a)                    if you have received the product and we have not offered to collect it from you: 14 days after the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.  For information about how to return a product to us, see clause 9.8;
(b)                    if you have not received the product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
9.6           If you have returned the Products to us under clause 9 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
9.7           We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the product we may refund you in vouchers.
9.8           If a product has been delivered to you before you decide to cancel your Contract:
9.8.1             you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Goods must be returned to Chymder Farmhouse Studios, Cury Churchtown, Helston, Cornwall, TR12 7BP. If we have offered to collect the product from you, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
9.8.2             unless the product is faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Products to us. If the product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the product from you, we will charge you the direct cost to us of collection.
9.9           Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund under clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10.           Delivery
10.1        We will contact you with an estimated delivery date, which will be within 30 days after the date of the Dispatch Confirmation. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 17 for our responsibilities when this happens.
10.2        If we are delivering the Products and no one is available at your address to take delivery, you will be notified that the Products have been returned to our premises, or that of our courier. You will be notified whether or not you can rearrange delivery of the Products, or if you will need to collect your Products from our couriers local depot/collection office.
10.3        Delivery of an order shall be completed when we deliver the Products to the address you gave us, you collect the Products from our couriers local depot/collection office, or a carrier organised by you collects the Products from us. The Products will be your responsibility from that time.
10.4        You own the Products once we have received payment in full, including all applicable delivery charges.
This clause 10.5 only applies if you are a consumer.
10.5        If we miss the 30 day delivery deadline for any Products then you may cancel your order straight away if any of the following apply:
10.5.1          we have refused to deliver the Products;
10.5.2          delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
10.5.3          you told us before we accepted your order that delivery within the delivery deadline was essential.
10.6        If you do not wish to cancel your order straight away, or do not have the right to do so under clause 10.5 you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
10.7        If you do choose to cancel your order for late delivery under clause 10.5 or clause 10.6, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.
11.           international delivery
11.1         We deliver our Products internationally.
11.2        If we are unable to provide you with a delivery cost during the ordering process, you will need to contact us on +44 (0)1326 241456 in order to complete your order.
12.           Price of products and delivery charges
12.1        The prices of the Products will be as quoted on Our Site at the time you submit your order. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 12.6 for what happens if we discover an error in the price of product(s) you ordered.
12.2        Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
12.3        The price of a product includes VAT (where applicable) 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.
12.4        The price of a product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. Where we are unable to provide you with a delivery charge, for example, in the case of international deliveries, please call us on +44 (0)1326 241456 to complete your order.
12.5        The price of a Product does not include any customs or duty taxes incurred for international deliveries. You will be responsible for any additional costs incurred which result from deliveries outside of the UK.
12.6        Our Site contains a large number of Products. It is always possible that, despite our best efforts, some of the Products on Our Site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
12.6.1          where the product's correct price is less than the price stated on Our Site, we will charge the lower amount when dispatching the Products to you.; and
12.6.2          if the product's correct price is higher than the price stated on Our Site, we will contact you as soon as possible 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. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the product and refund you any sums you have paid.
13.           How to pay
13.1        You can only pay for Products using a debit card or credit card. We accept the following cards: [LIST OF CREDIT AND DEBIT CARDS].
13.2        Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
14.           MANUFACTURER GUARANTEES
14.1        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.
14.2        If you are a consumer, a manufacturer's guarantee is in addition to, and does not affect, 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.
15.           Our liability if you are a business
This clause 15 only applies if you are a business customer.
15.1        We only supply the Products for internal use by your business, and you agree not to use the product for any resale purposes.
15.2        Nothing in these Terms limits or excludes our liability for:
15.2.1          death or personal injury caused by our negligence;
15.2.2          fraud or fraudulent misrepresentation;
15.2.3          breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
15.2.4          defective products under the Consumer Protection Act 1987.
15.3        Subject to clause 15.2, 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:
15.3.1          any loss of profits, sales, business, or revenue;
15.3.2          loss or corruption of data, information or software;
15.3.3          loss of business opportunity;
15.3.4          loss of anticipated savings;
15.3.5          loss of goodwill; or
15.3.6          any indirect or consequential loss.
15.4        Subject to clause 15.2, our total liability to you in respect of all 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.
15.5        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.
16.           Our liability if you are a consumer
This clause 16 only applies if you are a consumer.
16.1        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 it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.
16.2        We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.3        We do not in any way exclude or limit our liability for:
16.3.1          death or personal injury caused by our negligence;
16.3.2          fraud or fraudulent misrepresentation;
16.3.3          any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
16.3.4          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
16.3.5           defective products under the Consumer Protection Act 1987.
17.           Events outside our control
17.1        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 below in clause 17.2. 
17.2        An event outside our control means 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.
17.3        If an event outside our control takes place that affects the performance of our obligations under a Contract:
17.3.1          we will contact you as soon as reasonably possible to notify you; and
17.3.2          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.
17.4        You may cancel a Contract affected by an event outside our control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
18.           Communications between us
18.1        When we refer, in these Terms, to “in writing”, this will include e-mail.
18.2        If you are a consumer you may contact us as described in clause 1.2.
18.3        If you are a business:
18.3.1          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 or e-mail.
18.3.2          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 or if sent by e-mail, one business day after transmission.
18.3.3          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.
18.3.4          The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
19.           Other important terms
19.1        Any reference to a clause means a clause of these Terms.
19.2        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.
19.3        You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
19.4        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.
19.5        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.
19.6        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.
19.7        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.
19.8        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.
19.9        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).

Privacy and Cookie Policy
 
Taylor Biddle Design Limited trading as Cactus Tongue is committed to protecting and respecting your privacy.
This policy, together with our website terms of use [INSERT LINK TO WEDBSITE TERMS OF USE] and any other documents referred to in it, tells you what information we collect from you, or that you may give to us, how the information is collected, and how the information will be processed by us. Please ensure that you have read this policy and that you understand how we will collect and use your personal data. By visiting www.cactus-tongue.co.uk (“Our Site”) you are accepting and consenting to the practices described in this policy.
For the purpose of the Data Protection Act 1998 (the Act), the data controller Taylor Biddle Design Limited (“we”).
Information we may collect from you
We may collect and process the following data about you:
Information you give us.
You may give us information about you by filling in forms on our site or by corresponding with us by phone, e-mail or otherwise. This includes information you provide if you register to use our site, subscribe to our service, search for a product, place an order on our site, participate in discussion boards or other social media functions on our site, enter a competition, promotion or survey, and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information.
Information we collect about you.
With regard to each of your visits to our site we may automatically collect the following information:

  • technical information, including the Internet Protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and

  • information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.

Information we receive from other sources.
We may receive information about you if you use any of the other websites we operate or the other services we provide. In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on this site. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
Cookies
Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.
We use the following cookies:
Cookie
Name
Purpose
Further Information

e.g. Google Analytics
utma
Used to distinguish users and sessions.  Created when javascript library executes and no existing utma exists.
Expires 2 years from set/update

utmb
Used to determine new sessions/visits.  Created when javascript library executes and no existing utmb exists.
Expires 30 mins from set/update.
 

utmc
Used with utmb to determine whether user was in a new visit/session.  Cookie operates in conjunction with utmb.
Expires end of browser session.
 

utmz
Stores traffic source, i.e. user accessed site via link, search engine, or no previous page.  Created when javascript library is executed and updated every time data is sent to Google Analytics.
Expires 6 months from set/update

utmt
Used to throttle request rate
Expires 10 minutes from set/update

 
Uses made of the information
We use information held about you in the following ways:
Information you give to us.
We will use this information:

  • to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;

  • to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;

  • to provide you with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by e-mail, with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, we will contact you by email only if you have consented to this. If you do not want us to use your data in this way, please tick the relevant box situated on the form on which we collect your data;

  • to notify you about changes to our service; and

  • to ensure that content from our site is presented in the most effective manner for you and for your computer.

Information we collect about you.
We will use this information:

  • to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;

  • to improve our site to ensure that content is presented in the most effective manner for you and for your computer;

  • to allow you to participate in interactive features of our service, when you choose to do so;

  • as part of our efforts to keep our site safe and secure;

  • to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;

  • to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.

Information we receive from other sources. 
We may combine this information with information you give to us and information we collect about you. We may us this information and the combined information for the purposes set out above (depending on the types of information we receive).
Disclosure of your information
We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may share your information with selected third parties including:

  • business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you;

  • analytics and search engine providers that assist us in the improvement and optimisation of our site.

We may disclose your personal information to third parties:

  • in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;

  • if Taylor Biddle Design Limited, Cactus Tongue, or substantially all of their assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets; and

  • if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use [INSERT LINK TO WEBSITE’S TERMS OF USE] or terms and conditions of supply [INSERT LINK TO DISTANCE SELLING POLICY] and other agreements; or to protect the rights, property, or safety of Taylor Biddle Design Limited, Cactus Tongue, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Where we store your personal data
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA, who work for, or on behalf of, us or for one of our suppliers or one of our group companies. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
All information you provide to us is stored on our secure servers or on secure servers operated by a third party. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Your rights
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data.  You can also exercise the right at any time by contacting us by e-mail at jon@taylorbiddle.co.uk
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates.  If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.  Please check these policies before you submit any personal data to these websites.
Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of up to £10 to meet our costs in providing you with details of the information we hold about you.
Changes to our privacy policy
Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.
Contact
Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to jon@taylorbiddle.co.uk


 

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