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06 February 2012
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Terms of Use
 

 

Agreement of Terms of Use

By placing an order on a TonicGear website, you agree to abide by the following terms and conditions. Please read these conditions carefully before using any TonicGear website.   

PLEASE NOTE: We are not responsible for the content or the privacy policies of websites to which our sites may link.

 
Agreement between user and TonicGear

TonicGear websites are comprised of various Web pages operated by TonicGear. Our sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of any TonicGear website constitutes your agreement to all such terms, conditions, and notices.


Modification of these Terms of Use

TonicGear reserves the right to change the terms, conditions, and notices under which the TonicGear websites are offered.


Links to third party sites

TonicGear websites may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of TonicGear and TonicGear is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TonicGear is not responsible for webcasting or any other form of transmission received from any Linked Site. TonicGear is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TonicGear of the site or any association with its operators.

No Unlawful or Prohibited Use
As a condition of your use of the TonicGear websites, you warrant to TonicGear that you will not use any of the TonicGear websites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use any TonicGear website in any manner which could damage, disable, overburden, or impair the sites or interfere with any other party's use and enjoyment of the TonicGear websites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the TonicGear website.

Currency Converter Disclaimer
Exchange rates are subject to change at any time without notice and should be used as a guide only. Final payment is always taken in British Pounds.

UK Shipping
TonicGear deliver throughout the UK via Royal Mail. Orders are sent first class “Recorded Signed For” post, so they can be tracked if they go missing. For orders under £100.00, shipped within the UK, there will be a charge of £3.95 (p&p). Inside the UK, free shipping is offered on orders above £100.00.


TonicGear aims to dispatch all orders within 48 hours of receipt of payment. Please allow up to 10 working days for delivery in the UK. Orders placed over the weekend or public holidays will not be processed until the following working day which can add one more day to delivery times.

If dispatch is delayed, item is out of stock or if TonicGear is unable to fulfil your order for any other reasons, TonicGear will contact you via email as soon as possible. During sale periods, delivery times can increase due to a larger volume of orders. TonicGear cannot guarantee stock availability of sale products.

European & International Shipping

For Europe and all International orders, shipping will be calculated based on the size of your order. Please contact TonicGear at support@tonicgear.co.uk if you have any questions.


International orders may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by the recipient, TonicGear have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact the local customs office for further information. Additionally, please note that when ordering from TonicGear, the recipient is considered the importer and must comply with all laws and regulations of the country in which the goods are received. International customers should be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
 
Returns
TonicGear is committed to providing you with an excellent service and will offer you a full refund (excluding any postal and packing charges) if you are not completely satisfied with your purchase. The following terms and conditions apply:

 

 

  1. Before returning your item(s) please contact us (support@tonicgear.co.uk) for return or exchange instruction. The cost of returning the goods, will be your full responsibility. TonicGear will accept returns if they are sent back within 7 days of receipt.
  2. Goods must be returned in perfect re-saleable condition and NOT WORN/NOT STAINED or WASHED, all labelling attached, all packaging complete.
  3. No refund or exchange will be made until the goods have been returned and checked by TonicGear. TonicGear advise that when returning goods, you use a delivery method that requires a signature i.e. Royal Mail Recorded Delivery or Special Delivery.
  4. TonicGear accepts no liability for lost parcels. The goods remain your responsibility until they reach our offices. All postage costs are non-refundable. Always retain proof of postage.
  5. International returns must be marked as a RETURNED ITEMS or else your items may be subject to a Customs and clearance charge, which TonicGear will deduct from your refund. 
  6. In order to get an exchange, colour or size, you will need to place a new order on the website.


TonicGear aim to process returns within 3/5 working days of receiving your return. TonicGear will send you an email to confirm that we have processed your refund, but it may take a further 5-10 days for the banks to credit your account with the refund. 
Don’t forget – refunds can only be given to the original payer so if you decide to refund a gift we can’t stop the payer from knowing about it.

 
Stock Availability
Fulfilment of all orders on TonicGear is subject to availability. TonicGear will try to ensure that all items offered for sale are in stock. TonicGear, reserve the right not to accept any orders or to cancel confirmed orders for products that are out of stock or when our suppliers without no advance warnings do cancel or discontinue styles which is beyond the control of TonicGear. In such an event TonicGear will inform you by e-mail and any payments will be refunded. Any dates TonicGear specify for delivery of goods are approximate and TonicGear shall not be liable for any losses, costs, damages, charges or expenses caused by any delay.


Order Status
Once your order has been placed, you will receive a confirmation email. Please note that TonicGear is unable to alter your order once it has been confirmed, and can not cancel orders once it has been dispatched. TonicGear will contact you by email or telephone regarding any delivery delays. Please use the the Order tool on our sites (“My Account-->My Orders” or "Orders") to check the progress of your order.


Pricing
All prices are shown in pounds sterling and are inclusive of VAT.
 
Website Down Time
Access to websites may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. TonicGear will attempt to limit the frequency and duration of any such suspension or restriction.
 
Complaints
If for any reason you are dissatisfied with our service, please do contact us at support@tonicgear.co.uk
 
Use of Communication Services
The TonicGear websites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

TonicGear has no obligation to monitor the Communication Services. However, TonicGear reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. TonicGear reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
TonicGear reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TonicGear's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. TonicGear does not control or endorse the content, messages or information found in any Communication Service and, therefore, TonicGear specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised TonicGear spokespersons, and their views do not necessarily reflect those of TonicGear.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
 
Materials provided to TonicGear or posted on any TonicGear website
TonicGear does not claim ownership of the materials you provide to TonicGear (including feedback and suggestions) or post, upload, input or submit to any TonicGear websites or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting TonicGear, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. TonicGear is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in TonicGear's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
 
Liability Disclaimer
The information, software, products, and, and services included in or through TonicGear websites may include inaccuracies or typographical errors. Changes are periodically added to the information herein. TonicGear and/or it's suppliers may make improvements and/or changes to TonicGear websites at any time. Advice received via TonicGear websites should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
TonicGear and/or its suppliers make no representations about the suitability, reliability, availabilit
y, timelines, and accuracy of the information, software, products, services and related graphics contained on TonicGear websites for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. TonicGear and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall TonicGear and/or its suppliers be liable for any direct, or in direct, punitive, Incidental, special consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of TonicGear websites, with delay or inability to use the TonicGear websites or related services, the provision of or failure to provided services, or for any information, software, products, services and related graphics obtained through TonicGear websites, or otherwise arising out of the use of the TonicGear websites, whether based on contact, tort, negligence, strict liability or otherwise, even if TonicGear or any of its suppliers has been advised of the possibility of damages. If you are dissatisfied with any portion of any TonicGear websites, or with any of these terms of use, your sole and exclusive remedy is to discontinue using TonicGear websites.
Service Contact : support@tonicgear.co.uk
 
Termination / Access Restriction
TonicGear reserves the right, in its sole discretion, to terminate your access to TonicGear websites and the related services or any portion thereof at any time, without notice. These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TonicGear as a result of this agreement or use of the TonicGear websites. TonicGear's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TonicGear's right to comply with governmental, court and law enforcement requests or requirements relating to your use of TonicGear websites or information provided to or gathered by TonicGear with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TonicGear with respect to TonicGear websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TonicGear with respect to TonicGear websites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
 
Copyright and Trademark Notice:
All contents of TonicGear websites are: Copyright 2009 by TonicGear and/or its suppliers. All rights reserved. Permission is granted to electronically copy and to print in hard copy portions of TonisGear websites for the sole purpose of placing an order with TonicGear or using TonicGear websites as a shopping resource. Any other use of materials on TonicGear websites - including reproduction for purposes other than those noted above, modification, distribution, or republication - without the prior written permission of TonicGear - is strictly prohibited.
 
Trademarks
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organisations, products, people and events depicted herein are fictitious. No association with any real company, organisation, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
 
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
 
Statutory Rights
These terms and conditions do not effect your statutory rights as a customer. These conditions are governed by and construed in accordance with the laws of England and Wales.


 

Agreement of Terms of Use

By placing an order on a TonicGear website, you agree to abide by the following terms and conditions. Please read these conditions carefully before using any TonicGear website.   

PLEASE NOTE: We are not responsible for the content or the privacy policies of websites to which our sites may link.

 
Agreement between user and TonicGear

TonicGear websites are comprised of various Web pages operated by TonicGear. Our sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of any TonicGear website constitutes your agreement to all such terms, conditions, and notices.


Modification of these Terms of Use

TonicGear reserves the right to change the terms, conditions, and notices under which the TonicGear websites are offered.


Links to third party sites

TonicGear websites may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of TonicGear and TonicGear is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TonicGear is not responsible for webcasting or any other form of transmission received from any Linked Site. TonicGear is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TonicGear of the site or any association with its operators.

No Unlawful or Prohibited Use
As a condition of your use of the TonicGear websites, you warrant to TonicGear that you will not use any of the TonicGear websites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use any TonicGear website in any manner which could damage, disable, overburden, or impair the sites or interfere with any other party's use and enjoyment of the TonicGear websites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the TonicGear website.

Currency Converter Disclaimer
Exchange rates are subject to change at any time without notice and should be used as a guide only. Final payment is always taken in British Pounds.

UK Shipping
TonicGear deliver throughout the UK via Royal Mail. Orders are sent first class “Recorded Signed For” post, so they can be tracked if they go missing. For orders under £100.00, shipped within the UK, there will be a charge of £3.95 (p&p). Inside the UK, free shipping is offered on orders above £100.00.


TonicGear aims to dispatch all orders within 48 hours of receipt of payment. Please allow up to 10 working days for delivery in the UK. Orders placed over the weekend or public holidays will not be processed until the following working day which can add one more day to delivery times.

If dispatch is delayed, item is out of stock or if TonicGear is unable to fulfil your order for any other reasons, TonicGear will contact you via email as soon as possible. During sale periods, delivery times can increase due to a larger volume of orders. TonicGear cannot guarantee stock availability of sale products.

European & International Shipping

For Europe and all International orders, shipping will be calculated based on the size of your order. Please contact TonicGear at support@tonicgear.co.uk if you have any questions.


International orders may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by the recipient, TonicGear have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact the local customs office for further information. Additionally, please note that when ordering from TonicGear, the recipient is considered the importer and must comply with all laws and regulations of the country in which the goods are received. International customers should be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
 
Returns
TonicGear is committed to providing you with an excellent service and will offer you a full refund (excluding any postal and packing charges) if you are not completely satisfied with your purchase. The following terms and conditions apply:

 

 

  1. Before returning your item(s) please contact us (support@tonicgear.co.uk) for return or exchange instruction. The cost of returning the goods, will be your full responsibility. TonicGear will accept returns if they are sent back within 7 days of receipt.
  2. Goods must be returned in perfect re-saleable condition and NOT WORN/NOT STAINED or WASHED, all labelling attached, all packaging complete.
  3. No refund or exchange will be made until the goods have been returned and checked by TonicGear. TonicGear advise that when returning goods, you use a delivery method that requires a signature i.e. Royal Mail Recorded Delivery or Special Delivery.
  4. TonicGear accepts no liability for lost parcels. The goods remain your responsibility until they reach our offices. All postage costs are non-refundable. Always retain proof of postage.
  5. International returns must be marked as a RETURNED ITEMS or else your items may be subject to a Customs and clearance charge, which TonicGear will deduct from your refund. 
  6. In order to get an exchange, colour or size, you will need to place a new order on the website.


TonicGear aim to process returns within 3/5 working days of receiving your return. TonicGear will send you an email to confirm that we have processed your refund, but it may take a further 5-10 days for the banks to credit your account with the refund. 
Don’t forget – refunds can only be given to the original payer so if you decide to refund a gift we can’t stop the payer from knowing about it.

 
Stock Availability
Fulfilment of all orders on TonicGear is subject to availability. TonicGear will try to ensure that all items offered for sale are in stock. TonicGear, reserve the right not to accept any orders or to cancel confirmed orders for products that are out of stock or when our suppliers without no advance warnings do cancel or discontinue styles which is beyond the control of TonicGear. In such an event TonicGear will inform you by e-mail and any payments will be refunded. Any dates TonicGear specify for delivery of goods are approximate and TonicGear shall not be liable for any losses, costs, damages, charges or expenses caused by any delay.


Order Status
Once your order has been placed, you will receive a confirmation email. Please note that TonicGear is unable to alter your order once it has been confirmed, and can not cancel orders once it has been dispatched. TonicGear will contact you by email or telephone regarding any delivery delays. Please use the the Order tool on our sites (“My Account-->My Orders” or "Orders") to check the progress of your order.


Pricing
All prices are shown in pounds sterling and are inclusive of VAT.
 
Website Down Time
Access to websites may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. TonicGear will attempt to limit the frequency and duration of any such suspension or restriction.
 
Complaints
If for any reason you are dissatisfied with our service, please do contact us at support@tonicgear.co.uk
 
Use of Communication Services
The TonicGear websites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

TonicGear has no obligation to monitor the Communication Services. However, TonicGear reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. TonicGear reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
TonicGear reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TonicGear's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. TonicGear does not control or endorse the content, messages or information found in any Communication Service and, therefore, TonicGear specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised TonicGear spokespersons, and their views do not necessarily reflect those of TonicGear.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
 
Materials provided to TonicGear or posted on any TonicGear website
TonicGear does not claim ownership of the materials you provide to TonicGear (including feedback and suggestions) or post, upload, input or submit to any TonicGear websites or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting TonicGear, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. TonicGear is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in TonicGear's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
 
Liability Disclaimer
The information, software, products, and, and services included in or through TonicGear websites may include inaccuracies or typographical errors. Changes are periodically added to the information herein. TonicGear and/or it's suppliers may make improvements and/or changes to TonicGear websites at any time. Advice received via TonicGear websites should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
TonicGear and/or its suppliers make no representations about the suitability, reliability, availabilit
y, timelines, and accuracy of the information, software, products, services and related graphics contained on TonicGear websites for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. TonicGear and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall TonicGear and/or its suppliers be liable for any direct, or in direct, punitive, Incidental, special consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of TonicGear websites, with delay or inability to use the TonicGear websites or related services, the provision of or failure to provided services, or for any information, software, products, services and related graphics obtained through TonicGear websites, or otherwise arising out of the use of the TonicGear websites, whether based on contact, tort, negligence, strict liability or otherwise, even if TonicGear or any of its suppliers has been advised of the possibility of damages. If you are dissatisfied with any portion of any TonicGear websites, or with any of these terms of use, your sole and exclusive remedy is to discontinue using TonicGear websites.
Service Contact : support@tonicgear.co.uk
 
Termination / Access Restriction
TonicGear reserves the right, in its sole discretion, to terminate your access to TonicGear websites and the related services or any portion thereof at any time, without notice. These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TonicGear as a result of this agreement or use of the TonicGear websites. TonicGear's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TonicGear's right to comply with governmental, court and law enforcement requests or requirements relating to your use of TonicGear websites or information provided to or gathered by TonicGear with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TonicGear with respect to TonicGear websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TonicGear with respect to TonicGear websites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
 
Copyright and Trademark Notice:
All contents of TonicGear websites are: Copyright 2009 by TonicGear and/or its suppliers. All rights reserved. Permission is granted to electronically copy and to print in hard copy portions of TonisGear websites for the sole purpose of placing an order with TonicGear or using TonicGear websites as a shopping resource. Any other use of materials on TonicGear websites - including reproduction for purposes other than those noted above, modification, distribution, or republication - without the prior written permission of TonicGear - is strictly prohibited.
 
Trademarks
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organisations, products, people and events depicted herein are fictitious. No association with any real company, organisation, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
 
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
 
Statutory Rights
These terms and conditions do not effect your statutory rights as a customer. These conditions are governed by and construed in accordance with the laws of England and Wales.


 
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