Terms of Sale
Please read the following carefully...
1. Our Aim
- 1.1 http://www.tonystextiles.co.uk is a site operated by Tonys Textiles Limited (we). We are registered in England and Wales under company number 07071522 and with our registered office address at Holmpton Hall, Holmpton, Withernsea, East Yorkshire HU19 2QZ and our trading address located at St. James Mill, 6 – 12 St James Street, Kingston Upon Hull HU3 2DH. Our VAT number is 981875172.
- 1.2 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- 1.3 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, hereby expressly exclude any liability for the content of our website or your use of or access to our website.
2. Service Availability
- 2.1 Whilst we accept orders for delivery to any country worldwide, at the present time we can only process orders using our online ordering service for delivery within the UK mainland.
- 2.2 Should you wish to place an order for delivery outside the UK mainland this can be arranged by contacting our sales team on 01482 215399 (or from outside the UK 00 44 1482 215399) or by email to firstname.lastname@example.org.
- 2.3 Any order accepted by us using this website or by telephone, e-mail, fax, letter or any other means will be subject to these terms and conditions.
3. Your Status
By placing an order through our website ordering facility or by other means, you warrant that:
- (a) You are legally capable of entering into binding contracts; and
- (b) You are at least 18 years old.
4. How the Contract is Formed Between You And Us
- 4.1 After placing an order, you will receive an e-mail from us, or where you do not have an email address, a letter acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.
- 4.2 Your order constitutes an offer to us to buy our Products. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail (or where this is not possible a letter) that confirms that the Products have been despatched (the Despatch Confirmation). The contract between us (Contract) will only be formed when we send you the Despatch Confirmation.
- 4.3 The Contract will relate only to those Products whose despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch Confirmation.
5. Consumer Rights
- 5.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 11 below).
- 5.2 To cancel a Contract, you must inform us in writing. You must also return the Products to us immediately, in the same condition in which you received them, and at your own cost and risk.
- 5.3 You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
- 5.4 You will not have any right to cancel a Contract for the supply of any products that have been used by you and cannot be resold because of your use of those Products.
- 6.1 UK Mainland Standard Delivery is charged at £2.95 per order, UK Mainland Next Working Day Delivery is £4.95. There are exceptions for long or larger items such as curtain poles, tension rods and blinds; these will be charged a flat £5.95 for delivery. Please see note below regarding Extended Areas, where we may request additional postage for delivery to Extended Areas.Where you are seeking delivery of goods within the UK mainland, we will add a sum of £4.95.
- 6.2 For deliveries outside the UK mainland as the price for the despatch of goods will vary depending on the weight and size of the Product, we ask that you contact us by telephone on 01482 215399 (or from outside the UK 00 44 1482 215399) or by email to email@example.com to establish the price for delivery of the Products.
- 6.3 It is our aim, in normal circumstances, to deliver Products to you using at our discretion our own transport or a courier service within 3 to 5 working days for delivery within the UK mainland, 10 working days for delivery in Europe and 15 working days for delivery in the rest of the world calculated from that date we receive payment and assuming that the Products you have ordered are available in our warehouse to despatch to you. These time periods however are estimates only and deliveries beyond this date will not be grounds to cancel your order unless we fail to deliver the Products to you within a reasonable time or as a consumer you exercise your right to cancel in accordance with condition 5 above.
- 6.4 Whilst we cannot guarantee delivery within the time periods specified at condition 6.1, if you have not received your Products after this period has expired, please contact us by sending an email to firstname.lastname@example.org or telephone 01482 215399 (00 44 1482 215399 if outside the UK mainland) with your order number to hand. We will advise you of the present position and endeavour to ensure you receive the Products as soon as is reasonably possible.
- 6.5 Notwithstanding any other rights you may have pursuant to these terms and conditions, be advised that if you are trading with us as a consumer, we have a statutory obligation to deliver Products to you within a maximum period of 30 days of the date of the order acknowledgement after which you have the right to cancel your order and receive a full refund of the purchase price.
7. Risk and Title
- 7.1 The Products will be at your risk from the time we deliver the products to you.
- 7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
- 8.1 The price of any Products will be in pound sterling as quoted on our site from time to time, except in cases of obvious error.
- 8.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due and will be provided to you before you proceed to confirm your order.
- 8.3 Where a certificate of origin is required, we shall provide this to you subject to you agreeing payment of the costs we reasonably incur in obtaining that certificate on your behalf.
- 8.4 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an order acknowledgement.
- 8.5 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that, where a Products correct price is less than our stated price, we will charge the lower amount when despatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before despatching the Product, or reject your order and notify you of such rejection.
- 8.6 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Despatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
- 9.1 Payment for all Products online must be made in advance using Paypal or SagePay. Paypal and SagePay are secure methods of payment and you can use any major credit and debit card to pay for the goods ordered.
- 9.2 On receipt of your order we will automatically deduct the full cost of the Products together with delivery charges from your card within 24 hours of receiving your order.
- 9.3 For telephone orders, where paying by debit or credit card, we will normally process your payment via Paypal online unless you expressly request that we process your payment via other means. Where this is the case, we will advise you of the alternative payment options available.
- 9.4 Where necessary pursuant to these terms and conditions, we are also able to cancel or refund individual items of your order should this become necessary in order to comply with our obligations to you.
- 9.5 You may also order products from us and pay for them by cheque made payable to Tonys Textiles Limited but request that if you do wish to place an order on this basis that you contact our sales team on 01482 215399 (or from outside the UK 00 44 1482 215399) or by email to email@example.com to place your order. In such circumstances your order will be placed on "hold" until we receive your cheque and have obtained cleared funds to our bank account. Once received we will then send to you an order acknowledgement and proceed to make arrangements for delivery.
10. Cancelling an order prior to despatch
- 10.1 If you need to change details of your delivery address, remove items from your order or cancel it completely, please contact our Customer Services team for advice on 01482 215 399 between 8am and 5pm, Monday to Friday. Please be ready to quote your order number and postcode.
- 10.2 If your order has already been despatched or delivered, then you'll need to follow our Returns procedure in the event of any unwanted products.
- 10.3 There are some products which we cannot cancel, refund or exchange, including made-to-measure curtains and net curtains, as these have been made to bespoke sizes for the customer.
11. Our Liability
- 11.1 We will endeavour to transfer to you the benefit of any warranty or guarantee given to us by our suppliers.
- 11.2 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied on the date of delivery.
- 11.3 Our general liability for losses you suffer as a result of us breaking this agreement in any way is strictly limited to the purchase price of the Product you purchased and any losses which are a reasonably foreseeable consequence of us breaking the terms of this agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order was accepted by us.
- 11.4 This does not include or limit in any way our liability:
- 11.4.1 for death or personal injury caused by our negligence;
- 11.4.2 under section 2(3) of the Consumer Protection Act 1987;
- 11.4.3 for fraud or fraudulent misrepresentation; or
- 11.4.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
- 11.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
- 12.1 When you return a Product to us:
- 12.1.1 because you have exercised your rights as a consumer and cancelled the Contract between us within the seven-day cooling-off period (see condition 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, excluding the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
- 12.1.2 for any other reason (for instance, because you claim that the Product is defective or does not comply with the warranties as set out at clause 10.2), we will examine the returned Product and will notify you with our view on whether you are entitled to obtain a refund, repair or replacement Product via e-mail within a reasonable period of time.
- 12.2 If any Product is alleged to be defective or does not conform with any of the warranties in condition 10.2, you must return the Product to us for inspection initially at your own cost.
- 12.3 Where we are satisfied that the Product is defective or does not comply with the warranties in 10.2, we shall at our option either arrange the repair or replacement of such Goods and refund you your reasonably incurred expenses in returning the product to us. If however you are a consumer you will also have the additional right to request a refund of the purchase price paid for the Product together with the delivery costs we originally charged you when purchasing the product and any reasonably incurred delivery costs you incurred in returning the Product to us.
- 12.4 Where we agree to make a refund to you, we will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you are entitled to a refund for the defective Product.
- 12.5 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
Cancelling an order prior to despatch
13. Import Duty
- 13.1 If you order Products from us for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties, taxes and the costs associated with the supply of special import documentation such as certificates of origin. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
- 13.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
14. Written Communications
- 14.1 English law requires that some of the information or communications we send to you should be in writing. As such, when using our site you accept that communication with us will be mainly electronic.
- 14.2 We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
- 15.1 All notices given by you to us must be given to Tonys Textiles Limited at our trading address which is located at St. James Mill, 6 – 12 St James Street, Kingston Upon Hull HU3 2DH.
- 15.2 We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16. Transfer of Rights and Obligations
- 16.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
- 16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
- 16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17. Events Outside Our Control
- 17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
- 17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- 17.2.1 Strikes, lock-outs or other industrial action.
- 17.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- 17.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- 17.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- 17.2.5 Impossibility of the use of public or private telecommunications networks.
- 17.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
- 17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
- 18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- 18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
- 18.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20. Entire Agreement
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.