Terms and conditions of sale
When the following words with capital letters are used in these Terms, this is what they will mean:
|“Event Beyond Our Control”
||is defined in Clause 10
|“we” “our” or “us”
||means Dartmouth Brands Limited (registered in England under company number 08576415) whose registered office is 145-157 St John Street, London, EC1V 4PW
||your order for the Products made via our Website
||means the goods that we are selling to you as set out in the Order
||means the terms and conditions set out in this document;
||means our website www.tomassa.com.
2 The contract between us
2.1 These are the terms and conditions on which we supply Products to you.
2.2 Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you submit the Order. If you think that there is a mistake, please contact us to discuss, and please make sure that you ask us to confirm any changes in writing to avoid any confusion between you and us.
2.3 When you submit the Order to us, this does not mean we have accepted your order for the Products. Our acceptance of your Order will take place as described in Clause 2.4. If we are unable to supply you with the Products, we will inform you of this and we will not process your Order.
2.4 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 at the time of placing your Order. Our acceptance of your Order by sending that email brings into existence a legally binding contract between us.
2.5 We shall assign an order number to your Order and inform you of it when we confirm your Order. Please quote the order number in all subsequent correspondence with us relating to your Order.
2.6 The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images. Although we have made every effort to be as accurate as possible, because many of our products are handmade from natural materials, all sizes, weights, capacities, dimensions and measurements indicated on our Website have a 2% tolerance.
3.1 The price payable for Products that you order and the method of payment is as set out on our Website. Our prices may change at any time, but price changes will not affect Orders that we have confirmed with you.
3.2 These prices include VAT. However, if the rate of VAT changes between the date of your Order and the date of delivery or performance, we will adjust the rate of VAT that you pay, unless you have already paid for the Products in full before the change in the rate of VAT takes effect.
3.3 The prices for the Products exclude delivery costs, which will be added to the total amount due and it might not be possible for us to deliver to some locations. Our delivery charges are set out here [insert link to delivery charges page].
4 Right for you to cancel your contract
4.1 You may cancel your contract with us for the Products you order at any time up to the end of the seventh day from the date you receive the ordered Products. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
4.2 To cancel your contract you must notify us in writing at email@example.com.
4.3 If you have received the Products before you cancel your contract then:
4.3.1 You must email firstname.lastname@example.org or complete the relevant form on the ‘Returns’ page of the ‘my account’ section of our Website to notify us of your intention to cancel your contract and return the Products;
4.3.2 We will then email to you a returns authorisation code;
4.3.3 You will need to write the returns authorisation code on the returns form supplied with the Products and then send this together with the Products to be returned to TSA Returns, Office 11, 2nd floor, Brakat House, 116-118 Finchley Road, London, NW3 5TH (please note that return shipments should not be addressed to “Tomassa”);
4.3.4 All Products returned are returned at your own cost and risk and we recommend that you use a secure, trackable means of shipment and insure the shipment.
4.4 If you cancel your contract but we have already processed the Products for delivery you must not unpack the Products when they are received by you and you must return the Products to us at your own cost and risk as soon as possible by following the procedure set out in Clause 4.3.
4.5 Once you have notified us in writing that you are cancelling your contract, any sum debited in favour of us shall be returned to you as soon as possible PROVIDED THAT if you received the Products in question they have been returned by you to TSA Returns, Office 11, 2nd floor, Brakat House, 116-118 Finchley Road, London, NW3 5TH and received by us in the condition they were in when delivered to you (including any packaging and tags). If you do not return the Products delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the Products from the amount to be refunded to you. If you do not return the Products delivered to you in the same condition that they were supplied then we shall be entitled at our discretion to:
4.5.1 deduct a cost related to the damage to the Products from the amount to be refunded to you; or
4.5.2 refuse to accept the return and send the Products back to you.
4.6 If you wish to cancel your contract with us for the Products after the end of the period specified in Clause 4.1 you may do so by emailing email@example.com up to the end of the [fourteenth/twenty eighth] day after you receive the ordered Products. If you cancel your contract under this Clause 4.6 you must return the Products delivered to you by following the procedure set out in Clause 4.3.
4.7 If you cancel you order in accordance with Clause 4.6 and we will issue a refund credit (which you can spend on our Website) to you with a value equivalent to the value of your cancelled Order PROVIDED THAT you return the Products in question in the condition they were in when delivered to you (including any packaging and tags).
5 If the Products are faulty
As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights. If your Products are faulty please contact firstname.lastname@example.org.
6 Cancellation by us
6.1 We reserve the right to cancel the contract between us if:
6.1.1 We are unable to deliver the Products you have ordered due to an Event Beyond Our Control or insufficient stock;
6.1.2 We are not able to arrange delivery to your area; or
6.1.3 One or more of the Products 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.
6.2 If we cancel your contract, we will notify you by e-mail and will return to you any sum paid by you to us 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.
7 Delivery of Products to you
7.1 We will arrange delivery of the Products ordered by you to the address you provide for delivery at the time you make your Order.
7.2 Delivery will be made as soon as possible after your Order is accepted.
7.3 Our delivery options and estimated delivery times can be assessed here [insert link to page displaying delivery options]. Please note that timescales for delivery and delivery charges will vary depending on the availability of the Products and your address. Our email confirming your Order will contain an estimated delivery date. Occasionally our delivery to you may be affected by an Event Beyond Our Control. See Clause 10 for our responsibilities when this happens.
7.4 Please note that all Products delivered to you by us must be signed for.
7.5 If we are not able to deliver the whole of your Order at one time due to operational reasons or shortage of stock, we may deliver your Order in instalments. We will not charge you extra delivery costs for this. However, if you ask us to deliver the Order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract governed by these Terms. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
7.6 Delivery of an Order shall be completed when we deliver the Products to the address you gave us.
7.7 You will become the owner of the Products you have ordered when they have been delivered to you. Once Products have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
8.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this contract.
8.2 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.3 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Products from our Website. The importation or exportation of certain of our Products 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 Products you purchase.
8.4 Notwithstanding the foregoing, nothing in these Terms is intended to limit any rights you might have as a consumer and we do not exclude or limit our liability in any way for:
8.4.1 Death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
8.4.2 Fraud or fraudulent misrepresentation;
8.4.3 Breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
8.4.4 Breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
8.4.5 Defective products under the Consumer Protection Act 1987.
Unless otherwise expressly stated in these Terms, all notices from you to us must be in writing and sent by email to email@example.com. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address you provide to us in your Order.
10 Events beyond our control
10.1 We shall have no liability to you for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any Event Beyond Our Control. An Event Beyond Our Control means an event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
10.2 If an Event Beyond Our Control takes place that affects the performance of our obligations under these Terms:
10.2.1 We will contact you as soon as reasonably possible to notify you; and
10.2.2 Our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Beyond Our Control. Where the Event Beyond Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Beyond Our Control is over.
10.3 You may cancel the contract if an Event Beyond Our Control takes place and you no longer wish us to provide the Products. Please see your cancellation rights under Clause 4. We will only cancel the contract if the Event Beyond Our Control continues for longer than 4 weeks in accordance with our cancellation rights in Clause 6.
If any part of these Terms is unenforceable (including any provision in which we limit or exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
13 Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to these Terms has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of theses Terms but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
14 Governing law
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.
15 Entire agreement