LEGAL STUFF

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LEGAL STUFF

Terms and Conditions

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.

Welcome to the TOMZYARD website (hereafter referred to as the “Site”). TOMZYARD provides it’s services to you subject to the following conditions. Before you use the Site, you must read and accept all of the terms and conditions in, and linked to, this Terms of Service (TOS) as well as the linked Privacy Policy. We strongly recommend that, as you read this TOS, you also access and read the linked information, since it is incorporated into and hereby made part of this TOS. This TOS is effective upon acceptance.

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.

If you do not agree to be bound by this TOS and the Privacy Policy, you may not purchase goods from the Site.

  1. 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.

  1. 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.

  1. 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.

  1. Disclaimer

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.

 

COOKIE POLICY

We use cookies to keep track of what you have in your basket and to remember you when you return to our site. They can also tell us which website you came to us from.

Further information can be found in our COOKIES POLICY. 

 

PRIVACY POLICY

Protecting your privacy and your personal information is very important to us. Our full Privacy Policy can be found in our section on Privacy Page.

 

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.

  1. 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.

  1. 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’.

  1. Payment

We must receive payments in full before items are dispatched.

  1. 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.

  1. 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 contact@tomzyard.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.

 

RETURNS

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.

 

ADDITIONAL INFORMATION

  1. 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.

  1. Indemnity

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.

  1. Variation

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.

  1. Invalidity

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.

  1. Complaints

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.

  1. Waiver

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.

  1. 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.

  1. 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.

PRIVACY

The purpose of this statement is to tell you what Personal Information we collect about you during your visit to this Website and what we do with that information. Your visit to www.tomzyard.com and the sale of our goods to you via www.tomzyard.com are subject to this Privacy Policy and our Terms and Conditions.

www.tomzyard.com (“TOMZYARD”) is committed to protecting the privacy of our site visitors and customers. The TOMZYARD team members are customers themselves of other Internet sites and fully appreciate and respect the importance of privacy on the Internet. We will not disclose information about our customers to third parties except where we have your express permission to do so as part of providing a service to you – e.g. arranging for a product to be sent to you, carrying out credit and other security checks and for the purposes of customer research.

 

Cookies

Please refer to our Cookie Policy

 

Collection of Information

We do not collect Personal Information about you, except when you provide it to us. When you submit your Personal Information on  www.tomzyard.com, you will be asked to consent to the processing and transfers of your Personal Information as set forth in this Privacy Policy. If you would prefer that we don’t collect any Personal Information from you, please do not provide us with any such information.

Except as otherwise disclosed in this Privacy Policy, we will use the Personal Information you provide us through www.tomzyard.com only for the purposes of processing your orders and responding to any comments or questions you have.

We collect information in a number of ways:

  • When you register for an account or make a purchase via www.tomzyard.com
  • When you contact TOMZAYRD by telephone, email or post.
  • When you enter and prize drawer or competition run or hosted by TOMZYARD
  • When you complete any surveys hosted or managed by TOMZYARD
  • When applying for employment at TOMZYARD
  • When you visit our website: we use cookies to improve the experience of shopping on the Not Only Vintage Ltd website and to help us understand our aggregate customer data. Please refer to our Cookie Policy for more information.

We may use the information you provide in aggregate (non-personally identifiable) form for internal business purposes, such as generating statistics and developing marketing plans. We may collect, store or accumulate certain non-personally identifiable information concerning your use of www.tomzyard.com, such as information regarding which of our pages are most popular and general website administration.

We may use your information collected from the website to personalise your repeat visits to the website.

 

Sharing of information

We will not sell your name, address, e-mail address, credit card information or personal information to any third party (excluding partners from whom you may have linked to our site) without your expressed permission.

We may disclose any information, including Personal Information, we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request.

 

Sensitive information and accuracy

Sensitive information is not sought through this website. Sensitive information includes data relating to: race or ethnic origin; political opinions; religious or other similar beliefs; physical or mental health. If you do provide sensitive information, by providing that information you explicitly consent to us using it for the purposes for which it has been provided.

We will take reasonable steps to create an accurate record of any Personal Information you have submitted through the Website. However, we do not assume responsibility for confirming the ongoing accuracy of your Personal Information. If you advise us that your Personal Information is no longer accurate, we will so far as practicable, make corrections. If any of the information that you provided on registration changes, please update your records immediately by visiting the “My Account” page or by contacting us.

 

Marketing communications

With your express permission, we may also use your information to tell you about our products, promotions and special offers that may be of interest to you, by email, mail or by telephone. In particular, we may look at what you have previously ordered in an attempt to tell you about promotions that will be of particular interest to you.

You will only receive information from us such as Newsletters if you sign up to receive this information via our website, in one of our stores or via one of our owned communications, such as a connected social media account, prize draw promotion or similar.

 

How can I unsubscribe from marketing communications?

At anytime you can request that your details be removed from our mailing list.

All customers are given the opportunity to opt-out of receiving such further information that they give. However, this decision may be reversed at any time by updating your profile in the “My Account” page or by contacting www.tomzyard.com

You can opt-out by visiting “Your Details” in “My Account” on the TOMZYARD website. You can access “My Account” once you register and login. You can also click on the “unsubscribe” link in any email communications which we might send you.

 

How long do we keep hold of your information?

We keep your personal information for as long as is required to provide our agreed or contracted service to you. This can vary depending on whether you have purchased something from the TOMZYARD website or if we are providing ongoing customer care for example. In some circumstances, we may be required to keep customer data for legal, regulatory or insurance purposes. We will not keep customer data for longer than required. You can ask us to delete or remove your Personal Information in some circumstances such as where we no longer need it or if you withdraw your consent (where applicable).

 

How do we keep your information secure?

We take steps to ensure your personal information is kept secure and confidential and protected from loss, alteration, corruption, theft or misuse. All TOMZYARD employees are committed to respecting the confidentiality of our customers’ Personal Information by contract.

We implement various security measures to protect the security of your Personal Information, both on line and off line. Your Personal Information will be stored at facilities located across the world and not necessarily within the EEA. If you have any questions about security at our Website, Please get in contact.

 

Site Statistics and Analysis

We may disclose aggregate, anonymous statistics about the number of visitors to this Website or number of purchases made. Both the cookies and the embedded code provide statistical information about visits to pages on the site, the duration of individual page view, paths taken by visitors through the site, data on visitors’ screen settings and other general information. TOMZYARD uses and stores this type of information, as with that obtained from other cookies used on the site, to help it improve the services to its customers. Further information regarding the way in which this information is obtained and used can be obtained by contacting us.

You can always update or change your Account information including your password on our site by logging into the “My Account” section of our web site.

We would strongly recommend that you do not use the browser’s password memory function as that would permit other people using your terminal to access your personal information.

 

Third Parties

We may retain other companies and individuals to perform functions on our behalf in relation to the purposes set forth in this Privacy Policy. Examples include credit/debit card validation and authorisation agencies, data analysis firms, customer support specialists and webhosting companies. Such third parties may be provided with access to your Personal Information only with your express permission, if needed to perform their functions, but may not use such information for any other purpose. Such third parties may be located in countries both inside and outside the European Economic Area (“EEA”). Although countries outside the EEA may not require the same level of protection of Personal Information as countries within the EEA, we always demand that third parties adhere to the same procedures that we follow ourselves with respect to your Personal Information, including this Privacy Policy.

 

Links

This Website may contain links to or from other websites. Please be aware that we are not responsible for the privacy practices of other websites. This Privacy Policy applies only to the information we collect on this Website. We encourage you to read the privacy policies of other websites you link to from our Website or otherwise visit.

 

Business Transfers

As we continue to develop our business, we might sell certain of our assets or be sold. In such transactions, user information, including Personal Information, generally is one of the transferred business assets, and by submitting your Personal Information on the Website you agree that your Personal Information may be transferred to such parties in these circumstances.

 

Notification of changes

We may revise this Privacy Policy from time to time. If we decide to change our Privacy Policy, we will post the revised policy here. As we may make changes at any time without notifying you, we suggest that you periodically consult this Privacy Policy. Please note that our rights to use your Personal Information will be based on the Privacy Policy in effect at the time the information is used. If the preceding sentence is deemed to violate applicable law, the Privacy Policy in effect at the time your Personal Information was collected will apply.

 

Data Controller & Rights of Access

The personal information you provide to us will be managed by the Ecommerce Business Manager. This Privacy Policy shall be construed in accordance with the laws of England and Wales.

Not Only Vintage Ltd is the data controller for the purpose of the Data Protection Act 1998 (the Act).

 

Right of access

You have the right to access the information which TOMZYARD holds about you and your right of access can be exercised in accordance with the Act. You can ask us to delete or remove your personal information in some circumstances such as where we no longer need it or if you withdraw your consent (where applicable).

 

Contacting Us

We are always pleased to hear from our customers (even if it is a complaint!). We are always grateful for any time you spend providing us with the knowledge we need to ensure our customers are completely satisfied – we want you to return to the site and to recommend us to your friends and family. If you have any questions or feedback about this statement, or if you would like us to stop processing your information, please do not hesitate to contact a member of our Customer Care team at TOMZYARD team contact, who will be delighted to answer any questions you may have.

COOKIE POLICY

What are Cookies?

A cookie is a small data file stored by your web browser on your computer. It allows us to recognise your computer by associating the identification numbers in the cookie with other customer information you have provided to us. That customer information is stored on our secured database. We use cookies to keep track of what you have in your basket and to remember you when you return to our site. They can also tell us which website you came to us from.

 

Types of Cookies we use:

There are two main types of cookie that may be used during your visit to a TOMZYARD website: persistent cookies, and session cookies.

 

Persistent Cookies

When you first visit the TOMZYARD site, you see it in a default form. Persistent cookies remember your preferences and behaviour and help us to personalise your shopping. So, if the last time you visited, you decided that you wanted to shop the UK site in English and see prices in £s, that’s what we’ll show you. Persistent cookies remain on your browser until they expire automatically after a set time period, unless you delete them yourself.

 

Session Cookies

When you visit our site, a “session” cookie will remember you and your preferences in temporary memory. They will not collect and store information or personally identify you. Session cookies are deleted when you close your browser.Without session cookies, the site would forget which items you placed in your shopping bag and you wouldn’t be able to buy anything.

 

Specific types of cookies we use and why we use them:

Purpose Type Why is it needed?
Transaction Session Holds transaction information and passes information securely. This cookie is deleted when you close your browser
Checkout Session Remembers your location in the checkout process, what’s in your Shopping Bag, which currency you want to pay in, your delivery options choice and any other decisions you make in checkout. This cookie is deleted when you close your browser
Login Persistent Remembers if you are logged in or logged out. This cookie expires automatically after a set time period

 

Third party cookies

TOMZYARD partners with third party companies for marketing and advertising purposes. These cookies allow us to make more informed decisions about what our customers want from us. Third party companies may employ a mixture of both session and persistent cookies. Any information that they collect is anonymous.

Third party cookies include:

  • Facebook
  • Pinterest
  • Affiliate network
  • Google
  • Loyalty Lion

 

Google Analytics

Google Analytics use cookies which enable TOMZYARD to recognise your browser and collect data based on user activity on the site. This includes information such as the number of visits to the site, the quantity of orders placed and number of pages visited. This data helps us make improvements to our site in order to provide you with a better service.

 

Disabling and deleting cookies

If you disable cookies on the Not Only Vintage Ltd site, essential parts of the site may not work. Instructions for disabling and deleting cookies can usually be found in the browser ‘Help’ menu. For more detailed information about cookies visit www.allaboutcookies.org.

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