It is important that you carefully read these terms and conditions of use before you use tomstoys.co.uk because your use of our web site is subject to them.
1. Terms and Conditions:
Thank you for using tomstoys.co.uk. We provide services to you through our web site and those services are provided to you on the basis of these terms and conditions. Please note that they may vary from time to time without notice to you. Current terms will be made available as soon as possible on the website.
When you use our web site or any of our services you may be advised that special guidelines or rules apply. Unless otherwise stated, these guidelines or rules form part of these terms and conditions. These terms and conditions apply to all users (including casual browsers).
2. Description of Services:
You are able to benefit by using our web site from a large number of online services and resources which include information, discussions, online retailing, and any other services which we may add from time to time. We also may remove certain services from our web site. Certain services may have their own, additional special terms and conditions. These will be made clear to you before you use those services.
We may discontinue providing certain or all of the services on all or part of the web site at our discretion and without notice to you. We will, however, endeavour to let you know of this via our site.
3. Code of Conduct:
You are responsible for anything which you transmit or receive to, from or via or post on our web site.
We do not control or screen the content of what is posted to, from or via our web site by our users, and accordingly we do not guarantee its accuracy, integrity or quality or that it will not be objectionable to you. You should not place any reliance on, nor will we be responsible or liable for anything which has been transmitted or received, or ought to have been transmitted or received but was not. You are not permitted to use our web site or any of our services for any reason or purpose which is unlawful, defamatory, harmful or objectionable and, in particular, you are not permitted to transmit anything which, in our opinion, harms our business or offends other users.
You are not permitted to transmit to, from or via or post on our web site anything which you do not have a clear right to use. You must ensure that you do not transmit or post on our web site any material containing software viruses or files designed to damage or disrupt the good working order of any computer or telecommunications equipment.
You are not permitted to do anything which may disrupt in any way the operation of our web site and services, nor are you permitted to do anything which would disrupt the use and enjoyment of our web site and our services by any other user.
Other than as expressly permitted, by us in writing, you are not permitted to use our web site to engage in any commercial activity of any form.
We may be entitled at our discretion to refuse or remove anything which is transmitted to, from or via or posted on our web site which, in our opinion, is objectionable or otherwise does not comply with these terms and conditions. We will not be liable at all for doing this.
We may record preserve and disclose anything which has been transmitted to, from or via or posted on our web site and the services, where required by law or where we are acting in good faith.
4. Proprietary Rights and Licences:
All text, sound, photographs, graphics, page layouts, design and other material that is contained on our web site or is part of our services, is not permitted to be duplicated or used in any way unless authorised in writing to do so by us. You are not permitted, except where expressly authorised to do so, to change, copy, store, publish, rent, licence, sell or distribute in any way any of these items displayed on our website.
5. Advertisements and Promotions:
We may use our web site or any of the services we provide or in any of the correspondence we send to you to run advertisements promoting products and services we offer, or any person or corporation duly authorised by us to advertise or promote their product or services through us.
6. External Links:
We may provide or third parties may provide links to other web sites or resources. These are provided purely as a matter of convenience and we do not endorse the contents of those web sites. We are not responsible for the availability of these web sites, nor will we be liable in any way for any loss or damage which you may suffer by using those web sites. If you decide to access linked third party web sites you do so at your own risk.
7. Disclaimer of Warranties:
You agree that:
7.1: your use of the web site and our services is at your sole risk. The web site and services are provided on an as is and as available basis;
7.2: to the extent that it is lawfully possible to do so, we make no warranty that (a) the web site and our services and/ or any information will meet your requirements, (b) your access to and use of the services will be error-free, (c) any errors or inaccuracies will be corrected. Further, if your use of the web site results in the need for servicing or replacing equipment or data, this will not be at our risk and expense;
7.3: no advice or information, whether oral or written, obtained by you through or from the web site or from our services will create any warranty not expressly stated in these terms and conditions.
8. Limitation of Liability:
To the extent that we are lawfully able to do so, we will not be liable for any claims, losses and/ or damages of any nature resulting from: (a) your use or inability to use the web site; (b) the services we provide (except where we expressly state that we have responsibilities or liabilities in these terms and conditions) or other terms and conditions that relate to our other goods and/ or services we provide; (c) unauthorised access to or alterations of your transmissions or data; (d) statements or conduct of any third parties.
You agree that in no event will we be liable for any loss of profits, goodwill, loss of business, loss of data or any other indirect or consequential loss or damage whatsoever, whether or not arising from any negligence on our part.
9. Use and Storage:
We may establish general practices and limits concerning the use of the web site and the services we provide, including limits to the size or number of e-mail messages you send or the time that messages may be stored or posted on our web site. We are entitled to delete any material at any time and we will not be liable in any way for deleting or failing to store or post any material which you may transmit to us.
10. Suspension and Termination:
We may in our sole discretion suspend and/ or terminate use of our web site or our services at any time and we shall not be liable to you or any third party for any loss or damages suffered on account of such suspension and or termination. Typically, we would only do this where you have not used our services for some time or if we believe that you have acted inconsistently with those terms and conditions. However, there may be other reasons why we would suspend and/ or terminate.
These terms and conditions constitute the entire agreement between us in respect of the use of our services and of our web site and supersede any and all prior agreements, arrangements and representations (save in respect of those made fraudulently). Data and certain other information you provide is subject to the term of our Privacy Statement, which can be accessed by clicking on the privacy statement section of our site.
You are not permitted to reproduce, sell or exploit for any commercial purpose any part of the web site or our services.
12. Acceptance of Order
We will acknowledge your order shortly after we receive it and a further email to confirm that we have processed your order. Please ensure that an accurate email address is supplied.
For delivery details, please refer to Shipping and Returns.
14. Returns, refunds and exchanges
Where you purchase a product or a number of products together from us through our website, you have a statutory right to cancel your order and receive a full refund of the price paid for the product(s) in accordance with the Consumer Protection (Distance Selling) Regulations 2000. This right does not apply to any personalised product(s). You must take good care of all products which you wish to return to us in accordance with your above right to cancel. The product(s) must not have been used (although you can of course try it out or try it on, as applicable, providing it is not damaged as a result and remains in the same pristine condition as when delivered or collected) and must be returned to us in a saleable condition, in its original, undamaged packaging and with your e-mail order confirmation.
All prices are correct at the time of purchase and are confirmed with an order confirmation email. Previously viewed prices via cookies on your computer will not be honored and requests to do so will be refused. Sale prices are available only while stocks last. TomsToys reserve the right to change and amend prices at anytime.
All orders are subject to availability. We reserve the right to refuse to supply to any individual or company. Nothing in these terms and conditions affects your statutory rights.
Prices and products – we endeavour to ensure that all prices and specifications are correct for the life of the catalogue when we go to press. However, we reserve the right to alter prices and specifications as necessary.
Colour reproduction – tomstoys take great care with the colours used in our pictures. Printing or photography limitations may mean that actual product colour differs from that shown on the website.
At the time of publication all product descriptions are accurate, errors and omissions accepted. Representations of colours are approximate, due to the limitations of photographic and printing processes. All measurements and weights are approximate.
We take your privacy very seriously and will treat all of your personal information in accordance with all applicable data protection laws in the UK.
The Website is made available for your personal non-commercial use only. You may only download, print, store and use any material appearing on the Website for the purpose of purchasing or researching the purchase of any product from babytoms for yourself, family or friends or providing such material to your family or friends for the same purpose. We grant you a non exclusive, revocable licence to use our Website for and limited to this purpose and for these activities. Any other use of the Website or any material appearing on the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) modify, copy, download, print, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, sell or in any other way use or make available any material appearing on this Website except as set out above or agreed by tomstoys in writing in advance. We may terminate your licence to use and may prevent your using this Website in the event of your breaching these terms.