This is the bit where we need to tell you about our terms and conditions. It’s so you can be confident everything’s how it should be when you shop with us online.
First things first, these terms relate to the use of www.tobytiger.com, and ordering from our website means you agree to accept these terms and conditions. If you don’t agree to the terms set out below, please do not use or access this website.
It is also important to be aware that these terms and conditions can change at any time, so it’s good to check this page regularly before placing orders, just in case. We really don’t want to bamboozle you, so we have tried to make this as simple as we can. Deep breaths!
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 06247136 and registered office at Toby Tiger, Unit 6, The Quoin Estate, 73 Marlborough Rd, Lancing BN15 8AD. For the purposes of these Conditions, “you” shall be the person accessing the Website and “we” or “us” refers to Toby Tiger Wholesale Limited. The terms do not affect your statutory rights.
General conditions of use
1. Service. While Toby Tiger takes reasonable steps to ensure a reliable service, we cannot guarantee that your use of this Website will be uninterrupted and/or error free.
2. Linked sites. This Website also contains links to other websites, which are not operated by Toby Tiger. Toby Tiger has no control over these and accepts no responsibility for them or for any loss or damage that may result from your use of them.
3. Laws. This 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. Ownership of rights. All rights, including copyright and database rights, contained in this Website are owned by Toby Tiger Wholesale Limited and/or our licensors. Any use of our Website or its contents, including copying or storing it or them in whole or in part, other than for your own personal non-commercial use, is prohibited without our permission.
6. Changes to website. We reserve the right to:
(i) change or remove, temporarily or permanently, this Website (or any part thereof) with or without notice to you, and you agree 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 if the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
7. Registration. You can browse the Website without registering, but you need to 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 you give is true and accurate in all respects and you will notify us immediately if there are any changes to this information.
Conditions of sale
The following terms and conditions 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 aged 18 or over to purchase Products from us.
1. Product description. We have made every effort to show the colours of our products as accurately as possible. However, as the actual colours you see will depend on your viewing device, we cannot guarantee that your screen’s display 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 see 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 of listing. 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 agree that all Products ordered by you are for your own private and domestic use 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 and Solo. We do not accept 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. This can, for example, be because:
(i) The Product ordered is unavailable.
(ii) The payment cannot be authorised.
(iii) The identification of an error within the Product information, including price or promotion. If there are any problems with your order we will contact you. If we refuse an order or cancel your contract we will notify you by email and we will refund the amount as soon as possible but within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment caused.
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 or free delivery via the website 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. 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 email@example.com to redeem. Promotional codes/vouchers are not valid for purchases made from tobytiger.com sale items.
5. 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.
6. 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 – £3.50 per order or free over £50. Allow 2-3 working days. DPD Tracked Next Day (UK Mainland only) – from £7.50. Guaranteed next day delivery. DPD Tracked Saturday & Sunday delivery – from £10. Guaranteed weekend delivery on the day of your choice.
- EU: Standard – delivery to countries within the EU is charged at €9 per order or free over €100. Estimated up to 14 working days. DPD Tracked – €20. Estimated 2-5 days.
- Delivery Outside the EU: Standard delivery to European countries outside the EU is charged from €9. Estimated up to 14 working days. 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.
- Worldwide: Delivery to the rest of the world is charged from £10 per order. Please allow 14 working days.
- 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-send the parcel once we have received it back, but we will need 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 deemed 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 us 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 to:
(i) make good any shortage or non-delivery;
(ii) replace or repair any Products that are damaged or defective; or
(iii) 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 whatsoever 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.
- Duty/customs charges: Any duties payable or customs charges payable will need to be paid directly by the purchaser. These charges are not included on any purchases made on our website.
7. Returns and exchange policy. If you wish to return an item, please follow our Returns Procedure below.
7.1. 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: firstname.lastname@example.org or telephone: 01903 766777, quoting your name and order number.
7.2. Full priced Products must be returned in new, unworn and unused condition with original garment tags still attached, 28 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 these cases, the customer will be informed and the Product(s) will be returned to the customer.
7.3. 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.
7.4. If you have requested a refund, we will credit the original purchaser’s card for the sum paid within 14 days of receipt of your notice to cancel.
7.5. All refunds 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 can not be returned to our shop under any circumstances.
7.6. If you would like an exchange for a different size or an alternative Product, you will need to buy the new product and return the original item for a refund. Please use the Toby Tiger Royal Mail Portal or use your own delivery method and send all returns to: Toby Tiger Wholesale Limited, Unit 6, The Quoin Estate, 73 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 using their own delivery method. Customers using the Royal Mail portal will not incur upfront costs, however £3 will be deducted from the refund total. Toby Tiger Wholesale Limited will not offer a refund on returned Products, which are lost or damaged in the post. If using your own delivery method, 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 14 days to process. 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.
8. 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.
A: Bank Holiday Free UK delivery.
• Free delivery applies to UK Mainland only.
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.