Terms & Conditions
These terms and conditions form the basis on which you can visit us and use our website. By placing an order on this website you are agreeing to these terms and conditions.
General Terms and Conditions
This site is owned and operated by Toffee Moon Limited. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at [email protected]
- 1. The contract between us
When placing an order with us you undertake that the details you provide are accurate and complete. Once payment has been received by us we will confirm that your order has been received by sending an email to you at the email address you provide in your registration form. No contract for the sale of any product will exist between you and Toffee Moon Limited until we accept your order by dispatching the product to you. If your order has not been accepted, you will receive an explanatory email from us detailing the reasons why.
- 2. Ownership of rights
All rights, including copyright, in this website are owned by or licensed to Toffee Moon Limited. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
- 3. Accuracy of content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. We can not be held responsible or liable for any colour discrepancies between the image and the actual product.
- 4. Damage to your computer
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
- 5. Availability
All orders are subject to acceptance and availability. If the Goods you have ordered are not available from stock, we will contact you by e-mail. You will have the option either to wait until the item is available from stock or to cancel your order.
- 6. Price
The prices payable for goods that you order are as set out in our website. All prices are in sterling and inclusive of VAT at the current rates and are correct at the time of entering information. However we reserve the right to change prices of any product at any time.
Wherever it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, offer to sell you the goods of the specification and description at the price stated in the email and will state the period for which the offer or the price remains valid.
- 7. Payment terms
We only accept payments online through PayPal We accept no liability if a delivery is delayed because you did not provide the correct payment details.
- 8. Delivery
8.1 The delivery period stated within which you will receive your order is approximate.
8.2 Our delivery charges are set out in the delivery policy in our website.
8.3 We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.
- 9. Risk and ownership
Risk of damage to or loss of the goods passes to you at the time of delivery to you, or if you fail to take delivery at the agreed time, the time when we tried to deliver. You will only own the goods once they have been successfully delivered and when we have received cleared payment in full. Goods supplied are not for resale.
- 10. Cancellation rights
10.1 Under the Distance Selling Regulations you have the legal right to cancel your order within seven days of receipt of your goods (with the exception of any made to order items). You do not need to give us any reason for canceling your contract nor will you have to pay any penalty. However, you will need to notify us if you wish to cancel your contract. If the goods have already been dispatched, you will have to return the product following our returns policy.
10.2 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order provided that the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
10.3 You will be re-credited for the costs incurred in returning faulty or unsatisfactory goods.
- 11. Cancellation by us
11.1 We reserve the right to cancel the contract between us if:
11.1.1 we have insufficient stock to deliver the goods you have ordered;
11.1.2 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
11.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order.
- 12. Liability
12.1 In the unlikely event that you do not receive goods that you have ordered within 30 days of the date on which you ordered them, or receive goods that you did not order, or which are damaged or defective or of a different quantity to that of your order then provided that you notify us in writing at our contact address of the problem within 5 working days of the date on which you received the goods (unless this is not reasonably practicable) we will:
12.1.1 make good any shortage or non-delivery;
12.1.2 replace or repair any goods that are damaged or defective; or
12.1.3 refund to you the amount paid by you for the goods in question in whatever way we choose.
12.2 Both parties shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract
12.3 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
12.4 Notwithstanding the foregoing, nothing in these terms and 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.
12.5 We only sell goods on toffemoon.co.uk for private domestic and consumer use. Thus we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and /or loss from third party claims arising out of the use of the site or any products or services purchased.
- 13. Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at 9 Holmwood Road, Didsbury, Manchester, M20 3JY United Kingdom. All notices from us to you will be displayed on our website from time to time.
- 14. Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
- 15. Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
- 16. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
- 17. Privacy
- 18. Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.