Welcome to the Toby Tiger website. These terms and conditions (the “Conditions”) apply to tobytiger.com (the “Website”) which is operated by Toby Tiger Wholesale Limited, a company registered in England and Wales with registered number 4337340 and registered office at Reddington Court, 69 Church Road, Hove, East Sussex. For the purposes of these Conditions, “you” shall be the person accessing the Website and “we” or “us” refers to Toby Tiger Wholesale Limited. By accessing the Website you agree to accept the Conditions. If you do not agree with the Conditions, you should not use or access the Website.
General Conditions of Use
1. While Toby Tiger takes reasonable steps to ensure a reliable service, we do not guarantee that your use of this Website will be uninterrupted and/or error free.
2. We are not responsible for your use of other websites accessed via links from our Website. Such links are not controlled by us nor do we endorse them.
3. The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions on or through it.
4. All rights, including copyright and database rights, contained in this Website are owned by Toby Tiger Wholesale Limited and/or our licensors Except as permitted by law, you may not distribute, adapt, translate, modify, merge or make available our Website content to any person, or use it for commercial purposes. You may not use our Website content to create a database (electronic otherwise). All other rights are reserved.
5. We reserve the right to:
(i) modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
(ii) change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website. You may browse the Website without registering, however you must register as an online customer in order to buy items via our Website. When you register as an online customer, your username will be your valid email address and you will be asked to create a password. You are entirely responsible for all actions taken under your username, whether by you or by any other person. It is your responsibility to keep your username and password safe. When you register as an online customer, you agree that any information which you provide shall be true and accurate in all respects and you will notify us immediately of any changes to this information.
Conditions of Sale
The following terms and conditions will apply between you and Toby Tiger Wholesale Limited, when you purchase products (“Products”) from us. Please read these Conditions of Sale in conjunction with the Conditions of Use. Please note that you must be ages 18 or over to purchase Products from us.
1. Product Description We have made every effort to display as accurately as possible the colours of our Products. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the Product on delivery All sizes and measurements are approximate, however we do make every effort to ensure they are as accurate as possible. Unless otherwise stated, sizes indicated are UK sizes. Please refer to the size guide for clarification We will take all reasonable care to ensure that all details, descriptions and prices of Products are correct at the time when the relevant information was entered onto the system. Prices are subject to change without notice. Prices are inclusive of VAT (where applicable).
2. Pricing & Payment Your contract for purchases made through tobytiger.com is with Toby Tiger Wholesale Limited and you undertake that all Products ordered by you are for your own private and domestic use only and are not for resale. Prices displayed on our Website are in Pounds Sterling, Euro and US Dollars. Prices quoted are exclusive of postage and packing which will be charged at the rates specified in the delivery section. We accept Visa, Visa debit, Mastercard, Switch, Delta, Maestro, Electron, Solo and American Express.
3. Orders Once you have checked out and your order has been confirmed you will not be able to make any changes to your order so please make sure that everything is correct before clicking the confirm button. We must receive payment of the whole of the price for the Products that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order.
We reserve the right to refuse an order or cancel a contract. Non-acceptance of an order or cancellation of a contract may, for example, result from one of the following:
(i) The Product ordered being unavailable from stock
(ii) Our inability to obtain authorisation of payment
(iii) The identification of an error within the Product information, including price or promotion. If there are any problems with your order we shall contact you. If we do refuse an order or cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your debit/credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
If we accept an order from you for a Product which is then reduced in the sale before you receive it, please contact us. We will tell you whether or not the Product has been dispatched and the following provisions shall apply:
(i) If the Product has not been dispatched, we will refund to you the difference between the price you paid and the then current sale price, subject always to our right to cancel set out above.
(ii) If the Product has been dispatched, then when you receive the Product, you should return it in accordance with the returns policy below requesting a refund and then re-order the Product at the sale price.
4. Voucher and Discount Codes Only one promotional code/voucher for discounts, free delivery via the website or catalogue, may be used per order unless stated otherwise and such codes are valid for one transaction only. Promotional codes/vouchers cannot be used in conjunction with any other discount, offer or voucher. Promotional codes/vouchers are not transferable and should not be distributed to the wider public, they should not be sold on auction sites for profit or reproduced on any website. No cash or any other alternative can be given. Promotional codes/vouchers apply to tobytiger.com only, unless otherwise stated. Promotional codes/vouchers excludes any charge for home delivery. We reserve the right to remove or amend conditions of promotional codes/vouchers as necessary, this does not affect your statutory rights as a consumer. Promotional codes/vouchers for free delivery apply to the standard UK delivery service. If you are an international customer and have a code/voucher for free delivery please email firstname.lastname@example.org to redeem. Promotional codes/vouchers are not valid for purchases made from tobytiger.com sale or archive sale items. Promotional codes/vouchers published in the Toby Tiger brochure will be valid until the end of the season specified on the brochure, excluding 'sale' period.
5. Recommend a Friend (this is not definite) We run a Recommend a Friend programme where our customers can refer friends to us and in return we will provide a discount code for 10% off. Please make sure that you get your friend’s permission before providing their details to us, and that they are 18 or over. It will take a couple of weeks for us to send the discount code as we always check with the Mailing Preference Service and the Email Preference Service where applicable (mpsonline.org.uk). This ensures that we don’t send unsolicited mail/email to recommended friends who are registered. If your friend is listed here, we will not be able to provide discount for their referral. Please note that, if asked, we will let your friend(s) know who recommended them. For the five names you give us, provided we do not already have the person’s details, we will provide a discount code. The 10% discount cannot be used in conjunction with any other offer or on discounted/sale items and will be valid for one transaction only. We are unable to provide a discount code for more than five referrals in one month from the same source. Any referrals over this limit will be excluded from our records, and the discount for this referral will not be issued. We can only provide discount for five new referrals. A new referral is defined as someone who has never shopped at tobytiger.com, and is not currently listed in any of our databases. You must know the person that you recommend. We reserve the right to cancel any discount given and ban you from participating in the Recommend a Friend promotion if we reasonably believe you have recommended individuals who are not known to you. There is no cash alternative and no purchase is necessary.
6. Multiple Purchase Discounts Please note that when returning Products where a discount has been applied for multiple purchase (eg. 20% when you buy 2 pieces, or gift box discounts) the discount will no longer apply if returning only part of the multiple purchase.
7. Delivery Most orders are dispatched within 48 hours - subject to payment and stock availability. If any Products are out of stock, we will advise you as soon as possible. Postage and packing charges are as follows:
UK - Standard - £4.50 per order. Allow 4 days.
Europe - Delivery to Europe is charged at £9 per order. Allow up to 5-7 days. All European orders are sent by DHL.
Worldwide - Delivery to the rest of the world is charged at £16 per order. It will be sent international signed for, please allow 9-14 days.
Delivery Outside the EU - If your order is to be dispatched to a destination outside the European Union, you will be responsible for any customs or import duties levied once the package reaches your destination country. We have no control over such charges and cannot predict them.
Attempted Deliveries - If delivery is attempted and a delivery card is left and you fail to claim the Products from the local depot or post office, we cannot refund you until the Products have been returned to us. However, if you would still like the Products delivered, we will re-dispatch the parcel once we have received it back but we will have to charge for postage again.
Lost Parcels - We must be informed of parcels not arriving as soon as possible, for the UK it must be within 16 working days of the date of dispatch. For international destinations we must be informed within 35 days. Failure to do this can affect our ability to trace the parcel and issue any refund due. Refunds or replacements will only be issued after 16 working days in the UK or 35 working days for international parcels, and only if the parcel is deem lost in transit by Royal Mail or the relevant delivery company.
Missing or Damaged Products - We must be informed if any Products are damaged on receipt or missing from your order as soon as possible. If you do find that a Product is damaged or is missing from your parcel, we will do our best to find out why. We do try to provide the best service we can, but we are only human and we can make mistakes. Please feel free to contact one our team on 01903 766777 if you need to talk about any damaged Products, or Products missing from your order. If you notify a problem to us under this Condition, our only obligation will be, at your option:
(i) to make good any shortage or non-delivery;
(ii) to replace or repair any Products that are damaged or defective; or
(iii) to refund to you the amount paid by you for the Products in question.
We will not be liable to you for any indirect or consequential loss, damage or expenses howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Products in question in accordance with these Conditions.
8. Returns/Exchange Policy If you wish to return an item, please follow our Returns Procedure below. 8.1. You may cancel your contract with us for the Products you order at any time up to the end of the seventh working day from the date you receive the Products. Please note, you cannot cancel your contract if the Products you have ordered are made to your specifications and/or are personalised. To cancel an order, you must notify us either by email: email@example.com or telephone: 01903 766777, quoting your name and order number. 8.2. Full priced Products must be returned in new, unworn and unused condition with original garment tags still attached, 30 days after receipt. Toby Tiger Wholesale Limited will not accept returns of non-faulty Products that have been worn, used and/or garment tags removed. In such cases, the customer will be informed and the Product(s) will be returned to the customer. 8.3. Sale Products must be returned in new, unworn and unused condition with original garment tags still attached, up to 14 days after receipt only. Toby Tiger Wholesale Limited will not accept returns of non-faulty Products that have been worn, used and/or garment tags removed. In such cases, the customer will be informed and the Product (s) will be returned to the customer 8.4. Archive Sale Products must be returned in new, unworn and unused condition with original garment tags still attached, up to 10 days after receipt only. Toby Tiger Wholesale limited will not accept returns of non-faulty Products that have been worn, used and/or garment tags removed. In such cases, the customer will be informed and the Product(s) will be returned to the customer. 8.5. If you have requested a refund, we will credit the original purchaser’s card for the sum paid within 30 days of receipt of your notice to cancel. 8.6. All refunds and exchanges for goods purchased via our website or by telephone must only be returned to the Head Office address stated below. Goods purchased via our website or by telephone may not be returned to any of our shops under any circumstances. 8.7. If you would like an exchange for a different size or an alternative Product, please supply your payment details on the returns form so we can process a new order for you and refund you for the returned Product(s). This will ensure a fast exchange process and next day delivery service. Please note, you will receive free delivery on your first exchange, subsequent exchanges on the same order will be charged standard delivery. Please send all returns to: Toby Tiger Wholesale Limited, Unit 6, The Quoin Estate, Marlborough Road, Lancing Business Park, Lancing, West Sussex, BN15 8AD. Please note that the customer is responsible for all postage costs incurred when returning Products. Toby Tiger Wholesale Limited will not offer a refund on returned Products, which are lost or damaged in the post. We strongly recommend that Products are returned using registered post and that you keep your proof of posting certificate. Please Note: Refunds can take up to 28 days to process. If you wish to exchange any items from your order, we offer all our customers free delivery providing it is within the 30 day time frame. Nothing in these Conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
9. General We shall have no liability to you for any failure to deliver Products you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident. The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
YOUR RESPONSIBILITIES IF YOU BREAK THESE CONDITIONS
You agree that if you break these Conditions, or any liabilities are incurred arising out of your use of this website, you will be responsible for the costs and expenses that we or our officers, directors, employees, agents and suppliers incur as a result of the breach, including reasonable legal fees (if applicable). You will remain liable if someone else uses your shopping account and/or personal information unless you can prove that such use was fraudulent.
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