Conditions of Use
TERMS AND CONDITIONS OF SALE
"the [Company]": means toeandheelGOLD Ltd.
"Customer": means the person, firm, company or corporation who accepts quotations or on whose behalf quotations are accepted from the Company for the sale of goods or whose order for goods is accepted by the Company.
"Goods": means any goods sold by the Company to a Customer under a contract governed by these conditions or otherwise.
A contract will be formed when a Customer′s order has been accepted by the Company. It should be noted that a simple acknowledgement of order may also be issued which shall not be deemed to be acceptance of an order unless stated otherwise. Certain security checks may also require to be carried out by the Company, in which event any sale to a Customer is subject to the Company receiving satisfactory results (at its sole discretion) from such checks.
Prices quoted are inclusive of VAT and are subject to alteration without notice, the Invoice price being that ruling at the time of despatch. Prices quoted are exclusive of delivery direct to the Customer′s premises on the U. K. Mainland. Delivery costs payable by the Customer shall be as advised to the Customer during the ordering process.
Payment is to be made by any of the credit or debit cards accepted by the Company. All orders are subject to authorisation of payment by the relevant card issuer prior to despatch of the Goods. The Company reserves the right to decline any order without stating a reason. We cannot describe every detail of the Goods in this website and each description is therefore abbreviated and is correct at the time of going to print. We however reserve the right to amend the description of any Goods without notice.
The terms of delivery of the Goods are as specified in the customer service area on this website from time to time.
5. MEASUREMENTS & SPECIFICATIONS
All orders, submitted by the Customer, are subject to availability. The Company reserves the right to alter product specifications without notice to the Customer. Exact conformity of the Goods delivered by the Company, with any samples which have been previously submitted, cannot be guaranteed. Any recommendation or suggestion relating to the use of the product, made by the Company, is given in good faith, but it is for the Customer to satisfy itself as to the suitability of the product for the particular purpose intended, and the Customer shall not rely on any representations, express or implied, made by or on behalf of the Company. No liability will be accepted by the Company where the Goods supplied have been altered or modified by the Customer by the addition of other materials or substances.
6. RIGHT TO CANCEL
Any Customer who is not purchasing Goods in the course of a business shall have the right to cancel an order, in terms of The Consumer Protection (Distance Selling) Regulations 2000, within 7 working days of the day after the date of receipt of Goods (or, in the case that the Goods consist of services to be provided to the Customer, within 7 working days of the day after the conclusion of the contract with the Customer), provided written notice of cancellation is received by the Company at the address specified to the Customer during the ordering process, within that period. In the event that the Goods consist of services to be provided to the Customer, such services may be provided prior to the end of said 7 working day period. In such an event, the foregoing right of cancellation shall expire at the time of commencement of the provision of such services to the Customer. If for any reason you are dissatisfied and wish to return your selection we will accept returns to our registered address within 30 days from the day you receive your package. Remember that shipping charges are not refundable. Shipping charges will be applied to all exchange orders. If a product is damaged or defective, its replacement will be shipped free of charge. On cancellation the Goods shall remain at the risk of the Customer until restored to the Company and the Customer is required to take reasonable care of the Goods until that time. The Company reserves the right to claim for any loss in value to the Goods, due to damage, while at the Customer′s risk
7. CANCELLATION AND DELAY
The Company shall have the right to cancel, or reasonably delay, delivery if it is prevented, hindered or delayed in manufacturing or delivering by normal means of manufacture or delivery of the Goods, of the description covered by the contract, through any circumstances beyond its control including, but not limited to, strikes, lockouts, accidents, war, fire, unavailability of power at the manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from normal sources of supply. The Company shall endeavour to notify the Customer as soon as possible should any such cancellation or delay be necessary.
No liability is accepted by the Company in the event of non-arrival, shortages, damage or losses in transit of the Goods unless the Customer notifies the Company in writing within 7 days of the loss or damage. Where shortages or damages arise the Customer may be required to endorse the Delivery Note accordingly. A claim for shortages, damage or loss in transit will only be possible if the Goods to which the claim relates are still available for inspection by the Company at the address to which they were delivered by the Company. Responsibility for the Goods shall pass to the Customer at time of delivery.
The Goods shall become the risk of the Customer upon delivery of the Goods to the Customer or his agent or on collection of the Goods by the Customer or a carrier (except where the Company meets the cost of delivery by a carrier in which event risk shall pass on delivery of the Goods to the Customer or his agent) for transmission to the Customer or to his order. Goods returned by the Customer to the Company shall remain at the Customer′s risk except where the Goods have been returned with the agreement of the Company, in which event the Goods will be at the risk of the Company from the time of receipt by the Company.
The Company shall have the right immediately to terminate any contract to which these conditions apply with the Customer at any time upon occurrence of any of the following events:- (a) if the Customer suffers any diligence to be levied on its assets which is not discharged within 14 days thereafter; (b) if the Customer (being an individual or a member of a partnership) commits any act of bankruptcy, or compounds, or makes an arrangement with its creditors; (c) if the Customer becomes insolvent, or is wound up either compulsorily or voluntarily, or if a receiver or administrator is appointed to any of its assets; (d) if the Customer fails to take delivery of any of the Goods within [period to be confirmed]; or (e) if the Purchaser is in breach of any of the conditions of this contract and fails to remedy such breach within 14 days following the receipt of written notice of such breach from the Company. The Customer shall be bound to give to the Company immediate notification of the occurrence of any act or event referred to in paragraphs (a), (b) or (c) hereof.
The whole contents of this website are protected by Copyright and/or other Intellectual Property Rights. Any unauthorised use of these contents is strictly prohibited. The Customer may view, download and print the information available on this site, so long as the Customer uses the information solely for personal and non-commercial purposes. The information may not be modified or altered in any way. All other use, reproduction or copying of information on this site, including the design and layout of this site, is prohibited without the Company′s prior written consent. No modification, distribution or re-publication of any of the contents is allowed.
The Company assumes no responsibility for errors or omissions in the information, documents, software, materials and/or services which are linked to this site and which are not controlled by the Company. Downloading, or other acquisition of any materials through this site, is done at the Customer′s own discretion, and risk, and with your agreement that the Customer will be solely responsible for any damage to the Customer′s computer system or loss of data resulting from the downloading, or acquisition, of any such materials. This paragraph shall not apply where the Goods consist of software which is downloaded by the Customer on payment. This site contains links to third party websites that are not under the Company′s control. The Company makes no representations whatsoever about any other website to which the Customer may have access through this site. Access to any third party website is taken at the Customer′s own risk. The Customer agrees to indemnify and hold the Company harmless from any claim or demand, including reasonable legal fees, made by any third party due to, or arising out of, the Customer′s use of this site. For the avoidance of doubt, the Company does not limit its liability for death or personal injury to the extent only that it arises as a result of its negligence and/or its acts or omissions or that of its employees. The Company does not guarantee continuous, uninterrupted or secure access to its site or services and operation of its site may be interfered with by numerous factors outside its control.
If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced, provided that the resultant contract is capable of continuing.
14. WAIVER OF COMPANY′S RIGHTS
The Company′s failure to act with respect to a breach by the Customer or others does not waive its right to act with respect to subsequent or similar breaches.
15. DATA PROTECTION
In submitting an order to the Company the Customer will be asked to provide certain information. The Customer consents to the Company making use of such information for the purposes of future marketing of products and services.
16. GOVERNING LAW
This Agreement shall be governed by Scottish Law and the parties submit themselves to the non-exclusive jurisdiction of the Scottish courts.
This policy was last modified on 01.12.2012