Terms & Conditions of Supply
1.1 What these terms cover. These are the terms and conditions which apply to your purchase of clothing, accessories and other goods ("goods") from the TOVE web site (the "website").
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. The website and goods are provided by TOVE Limited a company registered in England and Wales under company registration number is 11585290 with a registered office at 7 Hartington Road, Twickenham, United Kingdom, TW1 3EL ("TOVE", "we", "us", "our"). When we refer to "you" and "your" we mean the user of the website and purchaser of goods.
2.2 How to contact us. You can contact us by writing to us at email@example.com or 7 Hartington Road, Twickenham, United Kingdom, TW1 3EL.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 Your orders for goods. You make an offer to purchase goods from us (your "order") by completing the staged ordering process on the website. Your order only constitutes an offer to purchase goods from us, and does not form a binding contract until accepted by us. Where you order multiple goods your order contains a series of offers for each good individually. On receipt of your order, we will send you an order acknowledgement email to the email address which you provide in the order process. Note that this email is only to acknowledge that your order has been received, and is not acceptance by us of any offers to purchase goods. Furthermore, goods stored in the website shopping bag are not reserved and may be purchased by other customers until you have placed the order at checkout and received a shipping confirmation email. If prolonged inactivity causes your connection to the website to fail, your selection of goods may be lost. In such case, you will be required to re-enter your selection of goods to the shopping bag.
3.2 How we will accept your order. We must receive full payment of the price of the goods before we can accept any offers. Where you select to pay by credit or debit card we will process the payment at the time of preparing your goods for despatch. An offer made by you to purchase any goods shall only be deemed to be accepted by us when we despatch such goods to you and send you an order despatch email which includes details of the goods at which point a contract will come into existence between you and us. We reserve the right to refuse any offers in an order prior to acceptance. If any goods are not available we will include details of the unavailable goods in the order despatch email. Any goods which are not available will not be included in the contract for any goods which are despatched.
3.3 If we cannot accept your order or any goods ordered are unavailable. If we are unable to accept your order, we will inform you of this and will not charge you for the goods. This might be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the goods or otherwise. Please note that we do not guarantee that all goods presented on the website are in stock at the time of your order. If any goods ordered are unavailable, we will contact you shortly, by phone or by email. If we already have received payment for such goods we will refund you the amount of the purchase.
3.4 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. OUR GOODS
4.1 Goods may vary slightly from their pictures. The images of the goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the goods. Your goods may vary slightly from those images. Please also note that all sizes and measurements are approximate.
4.2 Packaging may vary. The packaging of the goods may vary from that shown in images on our website.
4.3 Goods for personal use. You may purchase goods on our website for personal use only and not for resale.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the goods you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 8- Your rights to end the contract).
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the goods. We may change the goods to reflect changes in relevant laws and regulatory requirements.
6.2 Changes to these terms. We reserve the right to change the terms and conditions under which the goods are provided. Any such change in terms and conditions will be effective to all new orders once included in the text of these terms and conditions and published on the website. You should check the terms and conditions posted on the website periodically to ensure that you are aware of and comply with the current version.
7. PROVIDING THE GOODS
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the goods. For security purposes, we reserve the right to ship first-time orders to the cardholder's verified billing address or work address. To avoid delays in receiving your order, please make sure to provide the correct billing and shipping information associated with your credit/debit card when placing an order. All goods are subject to availability and we may not be able to supply your order. Any delivery times given in the table above and described are estimates only. The estimated times of delivery will be as displayed to you on our website.
7.3 We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received.
7.4 If you are not at home when the goods are delivered. If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the goods from a local depot or otherwise.
7.5 If you do not re-arrange delivery. If you do not collect the goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 10.2 will apply.
7.6 When you become responsible for the goods. The goods will be your responsibility from the time we deliver the goods to the address you gave us.
7.7 When you own goods. Goods supplied by us to you remain the property of TOVE Limited until paid for in full by you, at which point you will own the goods.
7.8 Reasons we may suspend the supply of goods to you. We may have to suspend the supply of goods to:
(a) deal with technical problems or make minor technical changes;
(b) update the goods to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the goods as requested by you or notified by us to you (see Clause 6).
7.9 Your rights if we suspend the supply of goods. We will contact you in advance to tell you we will be suspending supply of any goods, unless the problem is urgent or an emergency. You may contact us to end the contract for goods if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the goods in respect of the period after you end the contract.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 Your rights to end your contract with us. Your rights to end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods repaired or replaced or to get some or all of your money back), see Clause 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2; or
(c) If you have just changed your mind about the goods, see Clauses 8.3, 8.4 and 8.5. You may be able to get a refund for the goods if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods unless exempted under Clause 9.3.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any goods which have not been provided. The reasons are:
(a) we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the goods may be significantly delayed because of events outside our control;
(c) we have suspended supply of the goods for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
(d) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most goods bought online you have a legal right to change your mind within 14 days and receive a refund.
8.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of goods that have been sealed for hygiene reasons, if the seal has been broken or removed, e.g. underwear, swimwear, jewellery for piercings and any personalised goods.
8.5 How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the goods.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address. Alternatively, you can complete the form on our website and send it to us at email@example.com.
9.2 Returning goods after ending the contract. If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. You must post the goods back to us at TOVE Limited, 37 Cassland Road, London E9 7AL Please email us at firstname.lastname@example.org with the email subject as follows: your order number – RETURN, explaining the reason for your return. We will email you a returns label. PLEASE NOTE: EXCEPT AS SET OUT IN CLAUSE 9.3 WE DO NOT COVER SHIPPING COSTS FOR RETURNS OUTSIDE THE UNITED KINGDOM. Please ensure for returns outside of the UK your package is prepaid and insured in case of damage. Please remember to save/obtain proof of purchase.
If you are exercising your right to change your mind you must send the goods to us within 14 days of telling us you wish to end the contract. Any goods returned (i) should not have been used, worn, washed or damaged, (ii) should still have the swing tag and all labels attached to the goods, and (iii) should be returned in their original packaging including TOVE bag (if supplied). We reserve the right to refuse any returns that do not comply with these requirements. Please remember to get proof of postage. Please ensure your package is prepaid and insured in case of loss or damage.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the goods are faulty or misdescribed;
(b) if you are ending the contract because of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
(c) save for sale items, if you are exercising your right to change your mind in accordance with Clause 8 and returns are within the United Kingdom.
In all other circumstances you must pay the costs of return. We are unable to refund local sales taxes and/or customs duties that have been charged however, you may be able to recover them by contacting your local customs bureau directly. As this may not be available for all countries, we recommend that you hire a customs broker if you wish to claim back duties on returned merchandise.
9.4 How we will refund you. Once we receive your return, we will process your refund and send you an email confirmation. We will refund you the price you paid for the goods excluding delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price to reflect any reduction in the value of the goods, if this has been caused by your handling them in an unacceptable way. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs (in the event you are cancelling the contract for one of the reasons set out in Clause 9.3(a) and/or (b)) will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of goods within 2-3 days at one cost but you choose to have the goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the goods back from you. For information about how to return goods to us, see clause 9.2.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for goods at any time by writing to you if you do not, within a reasonable time, allow us to deliver the goods to you.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 10.1 we will refund any money you have paid in advance for goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the goods. We may write to you to let you know that we are going to stop providing the goods. We will let you know at least 7 in advance of our stopping the supply of the goods and will refund any sums you have paid in advance for goods which will not be provided.
11. IF THERE IS A PROBLEM WITH THE GOODS
11.1 How to tell us about problems. If you have any questions or complaints about the goods, please contact us. You can write to us at email@example.com or 7 Hartington Road, Twickenham TW13EL.
11.2 Summary of your legal rights. We are under a legal duty to supply goods that are in conformity with this contract.
11.3 Your obligation to return rejected goods. If you wish to exercise your legal rights to reject goods you must post them back to us in accordance with Clause 9.2.
12. PRICE AND PAYMENT
12.1 Where to find the price for the goods. The price of the goods (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the goods advised to you is correct. However please see Clause 12.3 for what happens if we discover an error in the price of the goods you order.
12.2 If the price of goods or rate of VAT changes before your order is accepted. If you have placed an order and the price has changed before we have accepted your order (in accordance with Clause 3.2), we will notify you by email about the price change and give you the option to place a new order with the new price or cancel the old order. If we are unable to contact you, your order will be cancelled. We always reserve the right to cancel any order prior to our acceptance of the order. If we already have received payment for a cancelled order we will refund you the amount of the purchase. The refund is made using the same payment method you used at the purchase. If the rate of VAT changes between your order date and the date we supply the goods, we will adjust the rate of VAT that you pay.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price of the goods at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price of the goods at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4 When you must pay and how you must pay. You must pay for the goods in whole by credit card or debit card before we dispatch them. Once we have received payment, we will confirm that your order has been accepted by sending a confirmation email to you at the email address you provide in your online order form.
12.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest at 8% per annum on correctly invoiced sums from the original due date.
12.6 Your responsibility for import and customs. Shipments outside of the EU may be subject to import duties and taxes, which are the responsibility of the recipient. Rates vary by country and we are not able to supply an estimated cost. We suggest you contact your local customs office for current charges before you order, so you are not surprised by charges you were not expecting. You are also responsible for obtaining all necessary customs, import or other permits to purchase goods from our website.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
14. PROMOTIONAL TERMS
From time to time, we may offer promotional codes at points of sale, or for loyal customers (either directly or via third parties). Except where the terms of such promotion otherwise provide, promotional codes: (i) allow the user one single use which can only be redeemed on a single order at the website, (ii) cannot be used with other promotions and offers and cannot be combined with any other discounts, (iii) can only be applied to full price items, (iv) cannot be applied retrospectively to previous orders, (v) are only available at our website and are not valid in any third party stockists. We reserve the right to (i) cancel offers at any time (ii) refuse to allow any individual to participate in the offer (iii) amend these terms and conditions (and will use reasonable endeavours to notify changes to all customers). Refunds will take into account the discount. Any offer does not include delivery charges, unless mentioned.
15. OTHER IMPORTANT TERMS
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. The courts of England have exclusive jurisdiction to settle any dispute arising out of or in connection with these terms.
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To TOVE Limited, 7 Hartington Road, Twickenham, United Kingdom, TW1 3EL, firstname.lastname@example.org
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate