By placing your order you are agreeing to the terms and conditions set out below.
Please read through the following carefully before placing your order.
We would also like to mention that any personal information provided by you is confidential but may be passed on to trusted third parties selected by us whom may have product offers we feel you may be interested in.
Use of any functionality of the Site constitutes acceptance of this TOS. If this TOS conflicts with any other documents, the TOS will control for the purposes of usage of the Site. You may only use certain portions of the Site if you are a TOMZYARD registered customer.
- Description of Services.
In the Site, TOMZYARD provides users with access to sales of TOMZYARD and new items online (the “Service”). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
- License and Site Access
TOMZYARD grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (at TOMZYARD sole discretion) an unreasonable or disproportionately large load on TOMZYARD infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by TOMZYARD to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by TOMZYARD.
- Intellectual Property, Software and Content
The copyright and other ownership rights (known as “Intellectual Property Rights”) in this Website and its contents (including design, text, logos, trade names, graphics, software and any other material) are owned by TOMZYARD. You must not yourself or allow anyone else to publish, copy, distribute or modify any of the content of this Website. Anyone may view this Website and print pages from it for personal use only, browsing our products and placing an Order with us. Any other use is strictly prohibited without our prior written consent. You must not make any copy of any material from the Website for any business related use whatsoever. Linking to our Website on other websites is at our discretion and we may require that you stop providing links to our Website at any time.
As to ownership of trademarks, images of personalities, third party copyright, third party trademarks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with TOMZYARD and you should not rely on the existence of such a connection or affiliation. Any trademarks / names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected TOMZYARD.
Further information can be found in our COOKIES POLICY.
TERMS OF SALE
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland UK and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please click here to see our Shipping Information and Returns section for further information.
- Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
- Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel your order in writing within 14 days of submitting your order, and you have already paid for the goods, you will receive a full refund. All prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘CART TOTALS’.
We must receive payments in full before items are dispatched.
- Discount Codes Account Discount Codes
Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered, Promotional discount codes – We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website.
- Cancellation or Amendment of Orders
Because we run a fully automated order picking, packing and dispatch system without external warehouse, we cannot make any amendments or cancel orders once they have been submitted, as they are already on their way to you. However, you can still return items within 14 days if you are unhappy with them once they arrive.
If you want to cancel your contract with us, please contact our team via email at email@example.com quoting your order number and we will be happy to help you. In this case we will issue you with a full refund. Please note you will need to return the entire order at your cost once you receive them. In all cases, the goods must be in their original packaging and unopened. All goods are inspected on their return.
We really hope that you are thrilled with your purchases from TOMZYARD. Should you wish to return any of the goods that you have purchased from us, there are a few important steps that we need you to follow. Our full Returns policy can be found in our section on Returns. We abide by all Distance Selling Regulations and our policies do not affect your statutory rights.
Any online purchases can be returned.
- Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law TOMZYARD and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect TOMZYARD liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
You agree to indemnify, defend and hold harmless TOMZYARD, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
TOMZYARD shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
- Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.
- Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and TOMZYARD. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of TOMZYARD.