Product Sales & Services Sales

Terms of Product Sales

Background

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this website, www.xtractink.com (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.

1. Definitions and Interpretation

1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Contract” means a contract for the purchase and sale of Goods, as explained in Clause 8;
“Goods” means the goods sold by Us through Our Site;
“Goodwill Guarantee” means the goodwill guarantee offered by TatXtract LLC [, a limited company registered in the United States of America whose registered address is 30746 Bryant Drive Unit 410, Evergreen CO 80439 which exists to enhance the legal rights of Our customers in the United States to change their mind and return Goods to Us;] “Order” means your order for Goods;
“Order Confirmation” means our acceptance and confirmation of your Order;
“Order Number” means the reference number for your Order; and
“We/Us/Our” means Xtract or TatXtract LLC [, a company registered in the United States of America, whose registered address is 30746 Bryant Drive Unit 410, Evergreen CO 80439]

2. Information About Us

2.1 Our Site, www.xtractink.com, is [owned and] operated by TatXtract LLC [, a limited company registered in the United States of America, whose registered address is 30746 Bryant Drive Unit 410, Evergreen CO 80439 and whose main trading address is 30746 Bryant Drive Unit 410, Evergreen CO 80439]

3. Access to and Use of Our Site

3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
3.4 Use of Our Site is subject to our Website Terms of Use <>. Please ensure that you have read them carefully and that you understand them.

4. Age Restrictions

4.1 Consumers may only purchase Goods through Our Site if they are at least 18 years of age.
4.2 [[None of the Goods on Our Site may be purchased by anyone under 18 years of age.]

5. Domestic/Private Use Customers

These Terms of Sale do not apply to customers purchasing Goods in the course of domestic and private use.

6. International Customers

Please note that We only sell to customers in the UK and Europe. We do not accept orders from, or deliver to, customers outside the UK and Europe.

7. Goods, Pricing and Availability

7.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
7.1.1 Images of Goods are for illustrative purposes only. There may be slight variations in color between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
7.1.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary[.] OR [; and] 7.1.3 [Due to the nature of the Goods sold through Our Site, there may be up to a 5%-10% variance in the [size,] [capacity,] [dimensions,] [measurements,] [weight,] of those Goods between the actual Goods and the description.] 7.2 Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 11 if you receive incorrect Goods (i.e., Goods that are not as described).
7.3 Where appropriate, you may be required to select the required [size,] [model,] [color,] [number,] of the Goods that you are purchasing.
7.4 We cannot guarantee that Goods will always be available. Stock indications are [not] provided on Our Site [, however such indications are updated on a weekly basis.] 7.5 Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods. However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.
7.6 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. [All pricing information is reviewed and updated every week.] Changes in price will not affect any order that you have already placed (please note sub-Clause 7.9 regarding VAT, however).
7.7 All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 7 days, We will treat your Order as cancelled and notify you of this in writing.
7.8 In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
7.9 All prices on Our Site exclude VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
7.10 Delivery charges are not included in the price of Goods displayed on Our Site. For more information on delivery charges, please refer to latest United States Postal Service Pricing Guide. Delivery options and related charges will be presented to you as part of the order process.

8. Orders – How Contracts Are Formed

8.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
8.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
8.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. [Our acknowledgement of receipt of your Order does not mean that we have accepted it.] Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
8.4 Order Confirmations shall contain the following information:
8.4.1 Your Order Number;
8.4.2 Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
8.4.3 Fully itemized pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
8.5 [We will also include a paper copy of the Order Confirmation with your Goods].
8.6 In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 30 days.
8.7 Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Goods [unless you specifically request that We make a refund using a different method].

9. Payment

9.1 Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method immediately.
9.2 We accept the following methods of payment on Our Site:
9.2.1 PayPal;
9.2.2 PayPal Guest Checkout;

10. Delivery, Risk and Ownership

10.1 All Goods purchased through Our Site will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 14).
10.2 If We are unable to deliver the Goods on the delivery date, the following will apply:
10.2.1 If no one is available at your delivery address to receive the Goods and the Goods cannot be posted through your letterbox [or left in a safe place nominated by you]

The courier will leave a delivery note explaining how to rearrange delivery or where to collect the Goods;
10.2.2 If you do not collect the Goods or rearrange delivery within the specified time frame set by the courier, We will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, We will treat the Contract as cancelled and recover the Goods. If this happens, you will be refunded the purchase price of the Goods themselves, but not the cost of delivery. We may also bill you for any reasonable additional cost that we incur in recovering the Goods.
10.3 In the unlikely event that We fail to deliver the Goods within 30 calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 10.1), if any of the following apply you may treat the Contract as being at an end immediately:
10.3.1 We have refused to deliver your Goods; or
10.3.2 In light of all relevant circumstances, delivery within that time period was essential; or
10.3.3 You told Us when ordering the Goods that delivery within that time period was essential.
10.4 If you do not wish to cancel under sub-Clause 10.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
10.5 You may cancel all or part of your Order under sub-Clauses 10.3 or 10.4 provided that separating the Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you within 30 Days. Please note that if any cancelled Goods are delivered to you, you must return them to Us or arrange with Us for their collection. In either case, We will bear the cost of returning the cancelled Goods.
10.6 Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the address [including, where relevant, any alternative address] you have provided.
10.7 Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
10.8 Any refunds due under this Clause 10 will be made using the same payment method that you used when ordering the Goods [unless you specifically request that We make a refund using a different method].

11. Faulty, Damaged or Incorrect Goods

11.1 By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any digital content is included in the Goods, that digital content must also conform. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact Us at info@xtractink.com within 7 days to inform Us of the fault, damage, or error, and to arrange for a refund, repair, or replacement. Your available remedies will be as follows:
11.1.1 Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject the Goods and to receive a full refund if they do not conform as stated above, show no signs of use, and in the case of consumable material show no sign of use and remain in a re-sellable condition.
11.2 Please note that you will not be eligible to claim under this Clause 11 if We informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to Us under this Clause 11 merely because you have changed your mind.
11.3 To return Goods to Us for any reason under this Clause 11, please contact Us at info@xtractink.com to arrange for a return. We will be fully responsible for the costs of returning Goods under this Clause 11 and will reimburse you where appropriate.
11.4 Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
11.5 Any and all refunds issued under this Clause 11 will include all delivery costs paid by you when the Goods were originally purchased.
11.6 Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Goods [unless you specifically request that We make a refund using a different method].
11.7 For further information on your rights as a consumer, please contact your local state Attorney General or Better Business Bureau.

12. Cancelling and Returning Goods if You Change Your Mind

12.1 If you are a consumer in the European Union, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and We have sent you your Order Confirmation, i.e. when the Contract between you and Us is formed. You may also cancel for any reason before We send the Order Confirmation.
12.1.1 If the Goods are being delivered to you in a single instalment (whether single or multiple items), the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Goods.
12.1.2 If the Goods are being delivered in separate instalments on separate days, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods
12.2 If you wish to exercise your right to cancel under this Clause 12, you must inform Us of your decision within the cooling-off period. Cancellation by email or by post is effective from the date on which you send Us your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, you send Us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted. If you would prefer to contact Us directly to cancel, please use the following details:
12.2.1 Email: info@xtractink.com;
12.2.2 Post: 30746 Bryant Drive Unit 410, Evergreen CO 80439;
In each case, providing Us with your name, address, email address, telephone number, and Order Number.
12.3 [We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however please note that you are under no obligation to provide any details if you do not wish to.] 12.4 [Please note that you may lose your legal right to cancel under this Clause 12 in the following circumstances:
12.4.1 [If the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them;] 12.4.2 [If the Goods consist of sealed audio or video recordings (e.g. CD or DVD) or sealed computer software and you have unsealed the Goods after receiving them;] 12.4.3 [If the Goods are likely to deteriorate quickly, for example flowers or food;] 12.4.4 [If the Goods have been personalized or custom-made for you;] 12.4.5 [If the Goods have been inseparably mixed with other items (according to their nature) after you have received them.]] 12.5 Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 12.
12.6 You must return Goods to Us by a tracked method of post to Our returns address at 30746 Bryant Drive Unit 410, Evergreen CO 80439. Please note that you must bear the costs of returning Goods to Us if cancelling under this Clause 12.
12.7 Refunds under this Clause 12 will be issued to you within 14 calendar days of the following:
12.7.1 The day on which We receive the Goods back; or
12.7.2 The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier than the day under sub-Clause 12.9.1); or
12.7.3 If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.
12.8 Refunds under this Clause 12 may be subject to deductions in the following circumstances:
12.8.1 Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop). Please note that if We issue a refund before We have received the Goods and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that the Goods have been handled excessively.
12.8.2 [Standard delivery charges will be reimbursed in full as part of your refund. Please note, however, that We cannot reimburse for premium delivery. We will only reimburse the equivalent standard delivery costs when issuing refunds under this Clause 12.
12.9 Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Goods [unless you specifically request that We make a refund using a different method].

13. Our Liability to Consumers

13.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
13.2 We only supply goods for qualified technicians and businesses. We make no warranty or representation that the Goods are fit for domestic, private, or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
13.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
13.4 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Attorney General or Better Business Bureau.

14. Events Outside of Our Control (Force Majeure)

14.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
14.2 If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
14.2.1 We will inform you as soon as is reasonably possible;
14.2.2 We will take all reasonable steps to minimize the delay;
14.2.3 To the extent that we cannot minimize the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
14.2.4 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
14.2.5 If the event outside of Our control continues for more than 30 Days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 60 Days of the date on which the Contract is cancelled;
14.2.6 If an event outside of Our control occurs [and continues for more than 30 Days] and you wish to cancel the Contract as a result, you may do so by using the following details:
Email: info@xtractink.com;
Post: 30746 Bryant Drive Unit 410, Evergreen CO 80439;
In each case, providing Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 60 days of the date on which the Contract is cancelled.

15. Communication and Contact Details

15.1 If you wish to contact Us with general questions or complaints, you may contact Us by email at info@xtractink.com, or by post at 30746 Bryant Drive Unit 410, Evergreen CO 80439.
15.2 For matters relating the Goods or your Order, please contact Us by email at info@xtractink.com, or by post at 30746 Bryant Drive Unit 410, Evergreen CO 80439.
15.3 For matters relating to cancellations, please contact Us by email at info@xtractink.com, by post at 30746 Bryant Drive Unit 410, Evergreen CO 80439, or refer to the relevant Clauses above.

16. Complaints and Feedback

16.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavors to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
16.2 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
16.2.1 [In writing, addressed to Tina Seitz – Co-Founder, 30746 Bryant Drive Unit 410, Evergreen CO 80439;] 16.2.2 [By email, addressed to Tina Seitz – Co-Founder at tina@tatxtract.com;]

17. How We Use Your Personal Information (Data Protection)

17.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
17.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy <> [and Cookie Policy <>].

18. Other Important Terms

18.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
18.2 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale. [This is subject to sub-Clause 18.2 and any purchaser to whom the guarantee has been transferred under that sub-Clause will be entitled to enforce the guarantee.] 18.3 If any of the provisions of these Terms of Sale are found to be unlawful, invalid, or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
18.4 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
18.5 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 30 days of your cancellation.

19. Law and Jurisdiction

19.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of [United States of America].
19.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.
19.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of the United States of America, as determined by your residency.
19.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the [non] exclusive jurisdiction of the courts of [United States of America].

Terms of Service Sales

Background

These Terms and Conditions are the standard terms for the provision of services by TatXtract LLC [, trading as TatXtract LLC,] a Limited Liability Company [registered in the United States of America] [, whose registered address is 30746 Bryant Drive Unit 410, Evergreen CO 80439 and] whose main trading address is 30746 Bryant Drive Unit 410, Evergreen CO 80439.

1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Business Day” means any day other than a Saturday, Sunday or bank holiday;
“Calendar Day” means any day of the year;
“Contract” means the contract for the provision of Services, as explained in Clause 3;
“Deposit” means an advance payment made to Us under sub-Clause 5.5;
“Month” means a calendar month;
“Price” means the price payable for the Services;
“Services” means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation);
“Special Price” means a special offer price payable for Services which We may offer from time to time;
“Order” means your order for the Services [as attached] OR [as shown overleaf];
“Order Confirmation” means Our acceptance and confirmation of your Order as described in Clause 3;
“We/Us/Our” means TatXtract LLC [, trading as TatXtract LLC,] a Limited Liability Company [registered in the United States of America] [,whose registered address is 30746 Bryant Drive Unit 410, Evergreen CO 80439 and] whose main trading address is 30746 Bryant Drive Unit 410, Evergreen CO 80439.
1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, [text message,] fax or other means.

2. Information About Us

2.1 TatXtract LLC [, trading as TatXtract LLC,] is a Limited Liability Company [registered in the United States of America] [, whose registered address is 30746 Bryant Drive Unit 410, Evergreen CO 80439 and] whose main trading address is 30746 Bryant Drive Unit 410, Evergreen CO 80439.

3. The Contract

3.1 These Terms and Conditions govern the sale and provision of Services by Us and will form the basis of the Contract between Us and you. Before submitting an Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.
3.2 Nothing provided by us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.
3.3 A legally binding contract between Us and you will be created upon our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing.
3.4 We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:
3.4.1 The main characteristics of the Services;
3.4.2 Our identity (set out above in Clause 2) and contact details (as set out below in Clause 11);
3.4.3 The total Price for the Services including taxes or, if the nature of the Services is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
3.4.4 The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Services;
3.4.5 Our complaints handling policy;
3.4.6 Where applicable, details of after-sales services and commercial guarantees;
3.4.7 The duration of the Contract, where applicable, or if the Contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the Contract;
3.4.8 [Where applicable, the functionality, including appropriate technical protection measures, of digital content;] 3.4.9 [Where applicable, any relevant compatibility of digital content with hardware and software that We are aware of or might reasonably be expected to be aware of.]

4. Orders

4.1 All Orders for Services made by you will be subject to these Terms and Conditions.
4.2 You may change your Order at any time, up until 48 hours before We begin providing the Services by contacting Us. [Requests to change Orders must be made in writing.] 4.3 If your Order is changed, We will inform you of any change to the Price in writing.
4.4 You may cancel your Order within 14 days of placing it. If you have already made any payments to Us under Clause 5 (including, but not limited to the Deposit), subject to sub-Clause 5.6, the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation. [If you request that your Order be cancelled, you must confirm this in writing.] If you wish to cancel the Services after this time period, or once We have begun providing the Services, please refer to Clause 10.
4.5 We may cancel your Order at any time before We begin providing the Services due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, We will inform you as soon as is reasonably possible and offer a rescheduled service within a reasonable time frame. If you have made any payments to Us under Clause 5 (including, but not limited to the Deposit) and do not wish to accept the rescheduled service, you must inform us in writing and the payment(s) will be refunded as soon as is reasonably possible, and in any event within 30 Calendar Days of Us informing you of the cancellation. Cancellations will be confirmed in writing.

5. Price and Payment

5.1 The Price of the Services will be that shown on Our website [www.xtractink.com] in place at the time of your Order.
5.2 If We quote a Special Price which is different to the current Price shown on Our website [www.xtractink.com] the Special Price will be valid for the period of time stated by Us. Or if the Special Price is part of an advertised special offer, for the period shown in the advertisement. If no time period is stated, we hold the right to quote or offer special prices indefinitely. Orders placed during this period will be accepted at the Special Price even if We do not accept the Order until after the period has expired.
5.3 Our Prices may change at any time, but these changes will not affect Orders that We have already accepted.
5.4 Before We begin providing the Services, you may be required to pay a non-refundable Deposit of $700 of the total Price for the Services. The payment of your Deposit will be due upon the order of service(s).
5.5 In certain circumstances, if your Order is cancelled, your Deposit will be refunded in full or in part. The amount due will be calculated based upon the Price for the Services, and the amount of work (if any) already undertaken by Us. Please refer to sub-Clauses 4.4 and 4.5 if your Order is cancelled before the Services begin, or to Clause 10 if the Services are cancelled after they have begun.
5.6 If the total price was not payable upon order of a service(s) and a deposit was instead required, the remaining balance of cost is payable on or before 14 days prior to us beginning the service.
5.7 We accept the following methods of payment:
5.8 We accept the following methods of payment on Our Site:
5.8.1 PayPal ;
5.8.2 PayPal Guest Checkout;
5.9 If payment will not be made by the due date [see clause 5.6], you must inform us in writing. We have the right to accept this defer of payment and schedule a new due date, or cancel the order if deemed necessary.
5.10 If you do not make payment to Us by the due date [see clause 5.6] and have not given notice of delayed payment in writing, the order will be cancelled by us and the moneys already paid will be deemed non-refundable.
5.11 The provisions of sub-Clause 5.10 will not apply if you have promptly contacted Us to dispute an invoice in good faith. No cancellation will occur while such a dispute is ongoing.

6. Providing the Services

6.1 As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in the Permanent Make Up Industry and in accordance with any information provided by Us about the Services and about Us.
6.2 We will begin providing the Services on the date confirmed in Our Order Confirmation.
6.3 We will make every reasonable effort to complete the Services on time (and in accordance with your Order). We cannot, however, be held responsible for any delays if an event outside of Our control occurs. Please see Clause 9 for events outside of Our control.
6.4 If We require any information or action from you in order to provide the Services, We will inform you of this as soon as is reasonably possible.
6.5 If the information or action required of you under sub-Clause 6.4 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on your part, We may charge you a reasonable additional sum for that work.
6.6 In certain circumstances, for example where there is a delay in you sending Us information or taking action required under sub-Clause 6.4, We may suspend the Services (and will inform you of that suspension in writing).
6.7 In certain circumstances, for example where We encounter a technical problem, We may need to suspend the Services in order to resolve the issue. Unless the issue is an emergency and requires immediate attention We will inform you in advance in writing before suspending the Services.
6.8 If the Services are suspended under sub-Clauses 6.6 or 6.7, you will not be required to pay for them during the period of suspension. You must, however, pay any invoices that you have already received from Us by their due date(s).
6.9 If you do not pay Us for the Services as required by Clause 5, We may suspend the Services until you have paid all outstanding sums due. If this happens, We will inform you in writing. This does not affect Our right to cancel orders as stated in Clause 5.

7. Intellectual Property Rights

7.1 All content and information provided prior to, during and after the completion of Services is considered intellectual Property. All copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including the content of Demonstrations, visual aids, handouts Blogs and Posts) is protected by applicable United States of America and international intellectual property laws and treaties.
7.2 For personal use (including research and private study) only, you may:
7.2.1 Access, view and use Our information in a web or print for personal use. Sharing this without our consent will be considered breach of contract and intellectual property laws;
7.2.2 Download available educational aids;
7.3 You may not use any Content (including but not limited to Demonstrations, visual aids, handouts, diagrams, Blogs and Posts) downloaded, copied, clipped, printed or otherwise saved from Our Site or provided from our services for commercial purposes without first obtaining a license to do so from Us, our licensors, or from the relevant User, as appropriate. [This does not prohibit the normal access, viewing and use of our content in general information purposes whether by business users or consumers].
7.4 You may not systematically copy Content from Us with a view to creating or compiling any form Educational Service, comprehensive collection, compilation, directory, or database unless given Our express permission to do so.
7.5 You may not otherwise reproduce, copy, distribute, sell, rent, sub-license, store, or in any other manner re-use Content or any other of our content or intellectual Property unless given express written permission to do so. For further information, please contact Us at info@xtractink.com
7.6 Our status as the owner and author of the content (or that of identified licensors or Users, as appropriate) must always be acknowledged.
7.7 [Nothing in these Terms and Conditions limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.]

8. Problems with the Services and Your Legal Rights

8.1 We always use reasonable efforts to ensure that Our provision of the Services is trouble-free. If, however, there is a problem with the Services We request that you inform Us in writing as soon as is reasonably possible.
8.2 We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical.
8.3 We will not charge you for remedying problems under this Clause 8 where the problems have been caused by Us, any of our agents or employees or sub-contractors or where nobody is at fault. If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by you, sub-Clause 6.5 will apply and We may charge you for remedial work.
8.4 As a consumer, you have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Attorney General or Better Business Bureau. If We do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If the Services are not performed in line with information that We have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Services), you have the right to a reduction in price. If for any reason We are required to repeat the Services in accordance with your legal rights, We will not charge you for the same and We will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you.

9. Our Liability

9.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
9.2 We provide Services for insured permanent make up technicians who are already qualified or pre-qualification but deemed capable by their original training provider. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
9.3 It is agreed to indemnify and hold harmless Us, our officers and directors, employees and affiliates and their respective successors and assigns and each other person, if any, who controls any thereof, against any loss, liability, claim, damage and expense whatsoever (including, but not limited to, any and all expenses whatsoever reasonably incurred in investigating, preparing or defending against any litigation commenced or threatened or any claim whatsoever) arising out of or based upon any negligence or misuse.
9.4 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
9.5 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us.
9.6 Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Attorney General or Better Business Bureau.
10. Events Outside of Our Control (Force Majeure)

10.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
10.2 If any event described under this Clause 10 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
10.2.1 We will inform you as soon as is reasonably possible;
10.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
10.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
10.2.4 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to Cancel under sub-Clause 11.3.3. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation notice;
10.2.5 If the event outside of Our control continues for more than 4 weeks, We will cancel the Contract in accordance with Our right to cancel under sub-Clause 11.6.3 and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within Calendar Days of Our cancellation notice.

11. Cancellation

11.1 If you wish to cancel your Order for the Services before the Services begin, you may do so under sub-Clause 4.4.
11.2 Once We have begun providing the Services, you cannot cancel the services due to the nature of services and information provided. If you have made any payment to Us for any Services We have not yet provided and wish to cancel, you must provide notice of cancellation within 14 days of the order. Any payments will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5.
11.3 If any of the following occur, you may cancel the Services and the Contract immediately by giving Us written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5. If you cancel because of Our breach under sub-Clause 11.3.1, you will not be required to make any payments to Us. You will not be required to give 48 hours’ notice in these circumstances:
11.3.1 We have breached the Contract in any material way and have failed to remedy that breach within 30 days of you asking Us to do so in writing; or
11.3.2 We enter into liquidation or have an administrator or receiver appointed over Our assets; or
11.3.3 We are unable to provide the Services due to an event outside of Our control (as under sub-Clause 10.2.4); or
11.3.4 We change these Terms and Conditions to your material disadvantage.
11.4 We may cancel your Order for the Services before the Services begin under sub-Clause 4.5.
11.5 Once We have begun providing the Services, We may cancel the Services and the Contract at any time by giving you written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 30 Calendar Days of Our cancellation notice. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5.
11.6 If any of the following occur, We may cancel the Services and the Contract immediately by giving you written notice within 48 hours prior to service commencing. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 30 Calendar Days of Our cancellation notice. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5. We will not be required to give 48 hours’ notice in these circumstances:
11.6.1 You fail to make a payment on time as required under Clause 5. This does not void our right to cancel services which are not paid on time.
11.6.2 You have breached the Contract in any material way and have failed to remedy that breach within 7 days of Us asking you to do so in writing; or
11.6.3 We are unable to provide the Services due to an event outside of Our control (for a period longer than that in sub-Clause 10.2.5).
11.7 For the purposes of this Clause 11 (and in particular, sub-Clauses 11.3.1 and 11.6.2) a breach of the Contract will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party (i.e. you under sub-Clause 11.3.1 and Us under sub-Clause 11.6.2). In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.

12. Communication and Contact Details

12.1 If you wish to contact Us, you may do so by email at info@xtractink.com
12.2 In certain circumstances you must contact Us in writing (when cancelling an Order, for example, or exercising your right to cancel the Services). When contacting Us in writing you may use the following methods:
12.2.1 Contact Us by email at info@xtractink.com;
12.2.2 [In writing, addressed to TatXtract LLC, 30746 Bryant Drive Unit 410, Evergreen CO 80439] 13. Complaints and Feedback

13.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavors to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
13.2 All complaints are handled in accordance with Our complaints handling policy and procedure.
13.3 If you wish to complain about any aspect of your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the Services, please contact Us in one of the following ways:
13.3.1 [In writing, addressed to TatXtract LLC, 30746 Bryant Drive Unit 410, Evergreen CO 80439] 13.3.2 [By email, addressed to info@xtractink.com] 14. How We Use Your Personal Information (Data Protection)

14.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
14.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from www.xtractink.com/pages/privacypolicy

15. Other Important Terms

15.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
15.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
15.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
15.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
15.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

16. Governing Law and Jurisdiction

16.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of shall be subject to the jurisdiction of the courts of the United States of America.
16.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 15.1 above takes away or reduces your rights as a consumer to rely on those provisions.
16.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of the United States of America, as determined by your residency.