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Terms and conditions

Conditions of Use & Sale

These conditions of Use and Sale, including our Privacy policy, effective as of January 9, 2009 ("Effective Date").

Welcome to TGAC.com. Mine our Minds bv ("Mine our Minds") and its affiliates provide access to the TGAC.com website (the "website") and sell our products to you subject to the conditions set out on this page.

Please read these conditions carefully before using the TGAC.com website. By using the TGAC.com website, you signify your agreement to be bound by these conditions. In addition, when you use any current or future TGAC.com service you will also be subject to the terms, guidelines and conditions applicable to that service. ("Terms"). If these Conditions of Use & Sale are inconsistent with such Terms, the Terms will control.

Non-legal intermezzo:

If you think this is all a bit too much for you, let us give you a non-legal, human summary: we behave decently; if you behave decently, we simply continue to do so too; if you don't behave decently, we have the law on our side to remind you you should. That's basically it.

End of non-legal intermezzo.

1. Welcome

Everyone is welcome to visit TGAC.com. We expect you to behave decently (see paragraph 5). If not TGAC.com reserves the right to refuse access to the website, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.

2. Privacy

This section describes our privacy policy, which governs your visit to TGAC.com, to understand our practices.

The Privacy Policy applies to personal information that may be collected when you interact with Mine our Minds b.v. or any of its subsidiaries ("Mine our Minds"). Protecting the privacy and security of your personal information is a priority at Mine our Minds, and we believe that a single, comprehensive privacy policy that is straightforward and clear is in the best interests of our customers and our businesses.

By doing business with or interacting with Mine our Minds in the manner described in this Privacy Policy at any time on or after the Effective Date, you are accepting the practices described in this Privacy Policy and you expressly consent to the application of this Privacy Policy to the collection, storage, use and disclosure of all your personal information as described.

Mine our Minds reserves the right to modify or amend this Privacy Policy at any time, but you can be assured that, should it be necessary to do so, we will always do so in accordance with the Mine our Minds Privacy Principles of Clarity, Security and Integrity.

This Privacy Policy addresses the following questions:

  • a) What is the personal information that we collect?
  • b) Why do we collect personal information?
  • c) How do we collect your personal information?
  • d) How do we use personal information?
  • e) With whom do we share personal information?
  • f) How do we secure personal information?
  • g) How do we respect your choices about your personal information?
  • h) Whom do I contact if I have questions or concerns?


a. What is the personal information that we collect?

Personal information is information that can be used to identify, contact or locate you. For example, personal information can include your name, e-mail address, billing address, shipping address, or credit card information.

b. Why do we collect personal information?

We collect your personal information in an effort to provide you with what you ordered and, as necessary, to administer our business. It allows us to provide you with easy access to our products and services. For more information as to why we collect personal information, please see the section below entitled: "How do we use your personal information?"

Your personal information also allows us to communicate with you about special offers, promotions, and other marketing programs and news that may be of interest to you.

c. How do we collect your personal information?

(i). Information that you provide to us

As a general matter, you can browse on our websites without submitting your personal information to us. However, there are a number of circumstances in which you may need to provide us with your personal information. The most common of these circumstances include:

  •  Making a purchase or placing an order online
  •  Joining an online interactive community
  •  Contacting customer service

For your convenience, we have provided a summary description of each of these circumstances below.

Making a purchase or placing an order

When you make a purchase or place an order in our stores or place an order online, you will need to submit personal information to us so we can get your purchase shipped to the right address, for legal and in order to manage our business.

Creating an online account

You may have to create a password-protected Mine our Minds.com account to join a TGAC.com online interactive community.


Contacting customer service

When you contact customer service, info@tgac.com, we may ask you to provide, or confirm, personal information so that we can better serve you.

(ii) Information automatically collected

There are circumstances in which we automatically receive and collect personal information from you. The most common of these circumstances include:

  •  Cookies
  •  Using pixel tags or clear Graphics Interchange Format files, known as GIFs
  •  Occasionally from business partners, contractors, shared databases, and other third parties

For your convenience, we have provided a summary description of each of these circumstances below.

Information automatically collected when you visit our websites

When you visit our websites, we automatically record information that your browser sends whenever you visit a website. For example, we may receive and collect: the name of the domain and host from which you access the Internet; the Internet Protocol (IP) address of the computer you are using; the date and time you access our websites; and the Internet address of the website from which you linked directly to our sites. We use this information to monitor the usage of our websites and as necessary for our business. This information does not include personal information.

Information collected using cookies

Like many online retailers, we use cookies to personalize and enhance your browsing and shopping experience. Cookies are small files that we place on your computer's hard drive to collect information about your activities on our websites. Cookies help us to: (1) speed navigation, keep track of items in your shopping cart, and provide you with content that is tailored to you; (2) remember information you gave us so that you don't have to reenter it; (3) determine the effectiveness of some of our marketing efforts and communications; and (4) monitor the total number of visitors, pages viewed, and the total number of banners displayed.

Browsers are typically set to create cookies automatically. You can choose to have your browser notify you when cookies are being written to your computer or accessed, or you can disable cookies entirely. If you disable cookies, however, you will not be able to place items in a Mine our Minds.com shopping cart, and therefore you will not be able to place an order with us online. Also, by not using cookies, some Mine our Minds website features and services may not function properly.

In addition, third party distributors of banner ads on our websites may also place or access cookies on your computer. If you would like to learn more about the third party distributors of banner ads on any Mine our Minds website, and to understand your choices about having such distributors' cookies turned off, please visit www.networkadvertising.org. Please understand that Mine our Minds does not control these third party cookies, and you should check the privacy policy of the Internet advertising company or advertiser to see whether and how it uses cookies.

Whenever you click on links and banners on any Mine our Minds website that take you to a third party website, you will be subject to the third party's privacy policies, not Mine our Minds's. This Privacy Policy applies solely to information collected by Mine our Minds.

Information collected using pixel tags or clear GIFs

To help us understand the effectiveness of certain of our communications and marketing efforts, we may use "message format" and "message open" sensing technologies that use pixel tags or clear GIFs (which are also called web beacons). These technologies allow us to know if your e-mail program is able to accept HTML e-mails and, if it is, to: (1) send you e-mails in that format; and (2) determine if you have opened our e-mail messages.

Information collected from outside sources

We may periodically collect personal information and other information about you from business partners, contractors and other third parties.

 
(iii) Mine our Minds does not knowingly collect personal information from children

Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 ("Minors") are not permitted to use Mine our Minds websites without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on any of the Mine our Minds websites, we will remove that information as soon as possible.

d. How do we use your personal information?

Mine our Minds uses your personal information to provide you with a superior customer experience at our stores and on our websites and, as necessary, to administer our business. For example, we use your personal information to:

  •  Provide you products and services and information, including the TGAC website and display associated content and advertising;
  •  Conduct research and perform analysis in order to measure, maintain, protect, develop and improve our services;
  •  Customize and enhance our websites and advertising;
  •  Make communications necessary to notify you regarding security, privacy, and administrative issues;
  •  Manage our business.

e. With whom do we share your personal information?

Protecting the privacy and security of your personal information is a priority at Mine our Minds. MINE OUR MINDS DOES NOT SELL OR RENT YOUR PERSONAL INFORMATION TO THIRD PARTIES.

Mine our Minds shares your personal information with:

  •  Other entities owned by Mine our Minds, including subsidiaries of Mine our Minds. Many of our customers purchase items from us both online and in our stores. We share your personal information within Mine our Minds to help to ensure that you have a superior shopping experience no matter where you choose to shop with us.
  •  Service providers, subcontractors and agents who perform services on our behalf. We provide personal information to third party service providers, subcontractors, and agents that work under contract on our behalf to provide certain services. These third parties do not have the right to use personal information we provide to them in any way that is not authorized by Mine our Minds. They are contractually obligated to use such information only as necessary to assist us and to maintain the confidentiality and security of such information.
  •  Credit Card Companies. Credit card transactions are handled by third party financial institutions and their vendors and contractors who receive credit card numbers and other personal information from us to verify the credit card numbers and process transactions.
  •  Law enforcement officials and as required by law. Mine our Minds may release personal information to third parties when we determine, in our judgment, that it is necessary to (a) comply with the law, regulation, legal process, or enforceable governmental request; (b) enforce or apply the terms of any of our policies or user agreements; or (c) protect the rights, property or safety of Mine our Minds, our employees, our customers, users, or others.
  •  Sales, Mergers, and Acquisitions. If Mine our Minds becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, personal information may be provided to the entities and advisors involved subject to a confidentiality agreement, and we will provide notice before any personal information is finally transferred and becomes subject to a different privacy policy.

f. How do we secure your personal information?

We take significant and appropriate security measures, including physical, technological and procedural measures, to help to safeguard your personal information and to prevent unauthorized access and disclosure. In addition, we use industry-standard technology, such as firewalls and encryption in the transmission of certain sensitive personal information, designed to prevent unauthorized persons from gaining access to your personal information, and, as technology develops, we intend to take additional measures to improve security.

We want you to feel confident whenever you visit us in our stores, on our websites or otherwise. While we are focused on the security of your personal information and follow strict standards, processes and procedures that are designed to protect your personal information, we cannot promise, and you should not expect, that your personal information will remain secure in all circumstances.

g. How do we respect your choices about your personal information?

When you interact with Mine our Minds in certain ways, you may be eligible to receive certain marketing-related and promotional communications as well as special offers from Mine our Minds.  

h. Questions or comments and enforcement

If you have any questions about this Privacy Policy, please contact us at info@tgac.com. .

 

3. Access to TGAC.com

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

4. License for website access

TGAC.com grants you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Mine our Minds. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Mine our Minds and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Mine our Minds or its affiliates' names or trademarks without the express written consent of Mine our Minds. Any unauthorized use terminates the permission or license granted by Mine our Minds.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of TGAC.com as long as the link does not portray TGAC.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any TGAC.com logo or other proprietary graphic or trademark as part of the link without our express written consent.

5. Your conduct

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.

You understand that you, and not TGAC.com, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.

You must not use the website for any of the following:

  • for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
  • to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"
  • to cause annoyance, inconvenience or needless anxiety

6. Reviews, comments, communications and other content

Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Mine our Minds reserves the right (but not the obligation) to remove or edit any content.

If you do post content or submit material, and unless we indicate otherwise, you

  • (a) grant Mine our Minds and its affiliates a non-exclusive, royalty-free and fully sub licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
  • (b) Mine our Minds and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Mine our Minds, including the execution of deeds and documents, at the request of Mine our Minds.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to TGAC.com: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable TGAC.com policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Mine our Minds and its affiliates for all claims brought by a third party against Mine our Minds or its affiliates arising out of or in connection with a breach of any of these warranties.

7. Defamation claims

TGAC.com operates on a "notice and takedown" basis. If you believe that any content on, or advertised for sale on, the website contains a defamatory statement, please notify us immediately. Upon agreeing with you, Mine our Minds will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.

8. Copyright, authors' rights and database rights

All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Mine our Minds, its affiliates or its content suppliers and is protected by Dutch and international copyright, authors' rights and database right laws. The compilation of all content on this website is the exclusive property of TGAC.com and its affiliates and is protected by Dutch and international copyright and database right laws. All software used on this website is the property of Mine our Minds, our affiliates or our software suppliers and is protected by Dutch and international copyright and author' rights laws.

You may not systematically extract and/or re-utilise parts of the contents of the website without Mine our Minds' express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Mine our Minds' express written consent. You also may not create and/or publish your own database that features substantial (eg our prices and product listings) parts of this website without Mine our Minds' express written consent.

9. Intellectual Property Claims

Mine our Minds and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please see below.

10. Our contract, delivery

When you place an order to purchase a product from TGAC.com, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we've dispatched that product to you (the "Dispatch Confirmation E-mail"). That acceptance will be complete at the time we send the Dispatch Confirmation E-mail to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation E-mail to have been dispatched do not form part of that contract. The delivery period is one you choose, though the maximum period will be delivery to the address indicated by you of 30 days from the moment of our accepting the order.

11. Returns

Within 30 days of delivery, you may return damaged books provided they are in their original, unopened packaging.

Upon supplying your address, you will then be send, free of additional charge a replacement copy. If you also provide your account details we shall send you the amount of the return-postage, provided it's reasonable.

 

In addition to your 30-day returns guarantee, certain jurisdictions have a statutory cooling-off period of seven business days.  

12. Pricing and availability

All prices are inclusive of VAT unless stated otherwise.

13. Customs

When ordering goods from TGAC.com for delivery overseas you 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 you; we 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 your local customs office for further information. Additionally, please note that when ordering from TGAC.com, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities. 

14. Under 18's.

TGAC.com does not sell products for purchase by children. We sell products for purchase by adults. If you are under 18, you may use TGAC.com only with the involvement of a parent or guardian.

15. Electronic communications

When you visit TGAC.com or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

16. Losses

TGAC.com will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the website, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed. Mine our Minds does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or wilful misconduct.

17. Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

18. Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

19. 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.

20. Governing law and jurisdiction

These conditions are governed by and construed in accordance with the laws of the Netherlands and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the non-exclusive jurisdiction of the courts of the Netherlands.

21. Our details

This website is owned and operated by Mine our Minds bv, the Netherlands

Mine our Minds bv,

De Streek 22,

9321VR Peize,

The Netherlands.

CoC. 002056940              

Fiscal (VAT).nr: NL0094.69.436.B01

You can contact us through info@tgac.com

Making Claims of Infringement

Mine our Minds will respond to intellectual property rights owners who communicate concerns of any alleged infringement.

Important Warning: giving false, misleading or inaccurate information in the Notice to Mine our Minds may result in civil liability. You should contact a solicitor should you have any questions.

Notifying Mine our Minds of Defamatory Content

If you believe that any content on, or advertised for sale on, the website contains a defamatory statement, please notify us immediately at info@tgac.com .