1.2.Before confirming your order please:
1.2.1.Read through these terms and conditions (the 'Conditions') and in particular our cancellations and returns policy.
1.2.2.Print a copy for future reference.
1.3.By ordering any of the Products listed on this Website, you agree to be legally bound by these Conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time.
1.4.We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.
1.5All drawings, images, descriptive matter and specifications on the Website are for the sole purpose of giving an approximate description for your general information only and should be used only as a guide.
1.6 any prices and offers are only valid at the time they are published on the Website.
2.1.This Website is owned and operated by Emperor Toads Emporium our registered office at 12 Kilton Avenue Badgers Croft Mansfield Nottinghamshire NG18 3GB.
3.1.You agree that email and other electronic communications can be used as a long-distance means of communication and 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.
3.2.We will contact you by email or provide you with information by posting notices on our Website.
Products ordered from the Website for delivery outside the United Kingdom they may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price including the cost of delivery (in the case of goods). Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order.
5.1.The prices of the Products are quoted on the Website.
5.2.Unless otherwise stated, the prices quoted include VAT but exclude delivery costs (in the case of goods), which will be added to the total amount due from you. Details of our delivery charges can be located on our Website.
6.1.Payment can be made by any major prepay, credit or debit card or through an electronic payment account as explained on the order form.
6.2.Payment will be debited and cleared from your account before the
dispatch of the goods or provision of the service to you.
6.3.We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Website.
7.ORDER PROCESS AND FORMATION OF A CONTRACT
7.1.All orders are subject to acceptance and availability.
8.1.The Products will be delivered to you at the address you provided during the order process which may be an address other than the billing address,
8.2.All goods must be signed for by an adult aged 18 years or over on delivery.
8.3.Any dates quoted for delivering the goods and/or completing performance of the service are approximate only. If no date is specified then it will take place within 30 days or a reasonable time of the date of the Confirmation Notice, unless there are exceptional circumstances.
8.4.We shall not be liable for any delay in delivering the goods and/or completing performance of the service however caused.
9.RISK AND TITLE
9.1.The goods will be at your risk from the time of delivery.
10.CANCELLING YOUR CONTRACT AND RETURNS
10.1.You are entitled to cancel your Contract at any time prior to receiving the goods so long as you provide us with written notice or, if you have received the goods, so long as you provide us with written notice at anytime within 5 working days starting from the day after you received the goods. You can send your cancellation notice by email to email@example.com
Your cancellation notice must quote your name, address, the name or a description of the goods and your order reference number.
10.2.The goods must be returned to us in the same condition in which you received them until such time as the goods are delivered back to us by you. You must return the goods with its original packaging and the original invoice. You have a legal obligation to take reasonable care of the goods whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
10.3.Damaged, faulty or wrongly delivered goods.We will offer you a refund of the full purchase price, including the cost of delivery for sending the goods to you, and the cost of returning the goods to us, provided that you return the goods to us.
10.4.the problem is not due to normal wear and tear, they are not toys and are not suitable for children under 13 years old.
10.4.5.In order to claim a refund or replacement item please send us a cancellation notice as soon as you become aware of a problem and no later than 5 working days after receipt or the fault developing by email to firstname.lastname@example.org or a letter to 10 Kilton Avenue Badgers Croft Mansfield Nottinghamshire NG17 3GB. Your cancellation notice must quote your name, address, the name or a description of the goods, a brief description of the problem, fault or damage and your order reference number.
10.6Upon receiving your cancellation notice, we will contact you and provide details of where you must return the goods and other relevant instructions. You must then immediately return the goods to us. We reserve the right, at our option, to collect the goods from you. If we wish to collect the goods we will notify you of when they will be collected by us.
10.5.1.We will examine any returned goods and will notify you about your refund or replacement item via email within a reasonable period of time. We will usually process a refund or delivery of a replacement item as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you are entitled to it. Refunds will be made by crediting the payment card or electronic payment account you used to purchase the goods.
10.5.2.We reserve the right to refuse to issue a refund or replacement and to recover the cost of returning or collecting the goods in the event that the goods are found to have suffered damage after delivery or have been misused or used other than in accordance with the instructions or if the problem is due to normal wear and tear or if the goods have not been returned with its original packaging. This does not affect your statutory rights.
11.1.If you have a comment, concern or complaint about any Products you have purchased from us, please contact us via email at email@example.com
12.1.The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Emperor Toads Emporium moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
13.LIABILITY AND INDEMNITY
13.1.Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
13.1.1.Death or personal injury resulting from our negligence
13.1.2.Fraud or fraudulent misrepresentation
13.1.3.Action pursuant to section 2(3) of the Consumer Protection Act 1765
13.1.4.Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability
13.2.The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
13.3.We will not be liable if the Website is unavailable at any time.
13.4.We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
13.5.We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website.
13.6.We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
13.5.We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.
13.6.We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:
13.6.1.any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss); or
13.6.2.any loss of goodwill or reputation; or
13.6.3.any special or indirect losses; or
13.6.4.any loss of data; or
13.6.5.wasted management or office time; or
13.6.6.any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of this Website or any aspect related to your purchase of the
Products even if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Conditions. Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the Contract, whether or not deliberate, including those listed in clauses 13.6.1 to 13.6.6, is strictly limited to the purchase price of the
Products you purchased.
13.8.This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
14.1.We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control ('Force Majeure'), which, without limitation, include:
14.1.1.Strikes, lock-outs or other industrial action
14.1.2.Shortages of labour, fuel, power, raw materials
14.1.3.Late, defective performance or non-performance by suppliers
14.1.4.Private or public telecommunication, computer network failures or breakdown of equipment
14.1.5.Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
14.1.6.Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions.
14.1.5.Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.1.6.Acts, decrees, legislation, regulations or restrictions of any government
14.1.7.Other causes, beyond our reasonable control
14.2.Our performance will be deemed to be suspended for the period that the event of Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to minimise any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.
14.3.Where the period of non-performance or delay in relation to any event of Force Majeure exceeds 30 days from the date of notice to you of the event of Force Majeure, either you or us may, by written notice to the other, terminate the Contract with immediate effect upon service.
16 conditions and any Contract brought into being as a result of usage of this Website will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.
The Website is owned and operated by Emperor Toads Emporium whose place of business is at 12 Kilton Avenue Badgers Croft Mansfield Nottinghamshire NG17 3GB.
17.All drawings, images, descriptive matter and specifications on the Website are for the sole purpose of giving an approximate description for your general information only and should be used only as a guide.
Any prices and offers are only valid at the time they are published on the Website.
18.GOVERNING LAW AND JURISDICTION
18.1.The Website is controlled and operated in the United Kingdom.
18.2.These terms and conditions will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.