Terms

Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this our site, or the use by any other person accessing our site using your user details.

Limitation of liability

The our site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no guarantees or warranties of any kind, whether express or implied, in relation to our site, or any transaction that may be conducted on or through our site.

We make no representation or warranty that our site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that our site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through our site.

TOSYS Ltd will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:

• Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
• Any loss of goodwill or reputation; or
• Any special or indirect or consequential losses.

In any case whether or not such losses were within the contemplation of the parties at the date of the Conditions, suffered or incurred by that party arising out of or in connection with the provisions of any material under the Conditions. Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees nor for any other liability which cannot be excluded or limited under applicable law.

Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Waiver

If we fail to insist that you perform any of your obligations under these Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Entire agreement

We intend to rely upon these Conditions and any document expressly referred to in them in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Conditions to be confirmed in writing.

Law

The Conditions and any dispute or claim arising out of or in connections with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

Mailing / Emailing Opt In/Opt Out

If you do not wish to receive promotional e-mails (e.g., emails regarding special offers) from us, please let us know by sending us an e-mail to sales@tosys.co.uk Please be sure that your e-mail includes your name and address. You may also change your preferences at any time by clicking the "unsubscribe" link at the bottom of each e-mail you receive from us. When you create and account or complete a feedback form or one of our surveys, you may opt-out of receiving promotional correspondence from us.

Despite your indicated e-mail or mail preferences, we may send you service related communication. For example, we may send you notices of any updates to our Terms of Use or Privacy Policy and when you purchase from us online or when you choose to enter a sweepstakes or other promotion, we may need to contact you via phone, email or mail to address questions or issues specific to your order or for other service-related reasons, even if you have opted to not receive promotional communications.

Terms of Website Use

Accessing the Website

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them. Information about you and your visit to the Website We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Reliance on Information Posted

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

Intellectual property and right to use

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of our site shall remain at all times vested in us or our licensors. All such rights are reserved. You are permitted to use this material only as expressly authorised by us or our licensors.

You acknowledge and agree that the material and content contained within the our site is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of our site is strictly prohibited.

You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works or otherwise use in whole or in part any material, content or products obtained from our site.

Compliance with laws

Our site may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding our site and any transactions conducted on or through our site.

Third Party Links

In an attempt to provide increased value to our customers, we may provide links to other resources or third party websites. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites.

Terms Relating to Purchase of Products

Customer orders

For the steps you need to take to place an order on our website please see our FAQs. All orders are subject to acceptance in accordance with our order acknowledgement policy and availability. If the Product ("products") you have ordered is not available from stock you will not be able to place an order on the Website. However, if an order is accepted for which there is no current stock you will be contacted by email and will have the option either to wait until the item is available from stock or to cancel your order in accordance with our Cancellation Policy.

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 site.

Order acknowledgement policy

Please note that your order will become a legally binding contract entered in between us upon despatch of your order.

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. TOSYS LTD reserves the right at any time after receipt of your order to accept or decline your order for any reason. TOSYS LTD reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed over £1000.00 (Inc. VAT) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.

We reserve the right to reject any offer to purchase by you at any time.

Cancellation policy

Once you submit an order, we immediately prepare all stock items for delivery. You can cancel your order at any stage until delivery. If you would like to request the cancellation of an order, please email this information to sales@tosys.co.uk . Please inform us of any cancellation at the earliest opportunity. If you are a consumer you have the right under the Distance Selling Regulations to cancel the contract within seven days of receipt of the goods and receive a full refund. To exercise this right please email sales@tosys.co.uk with details of the cancellation and return your order to us. If you cancel your contract in this way and the goods are returned we will refund any payment made when ordering, including your delivery charge, within 30 days of receipt of the cancellation. This right does not apply to customised candles.

Returns policy

Please see our Returns Policy for details.

Damaged goods

TOSYS LTD stands by the high quality of all its products. Each product will have been inspected prior to packing. Damaged goods may be returned. Please see our Returns Policy for details. As a consumer, you have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Conditions will affect these legal rights.

Description of products

All details and descriptions of products appearing on our site are correct at the time of input. Although we aim to keep our site as up to date as possible, the information appearing at a particular time may not always reflect the position exactly at the moment you place an order. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

Our site contains a large number of Products. It is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

Delivery

Please see Delivery Price & Rates for details of estimated delivery dates and delivery costs. The delivery times are estimates and from time to time may be effected by events outside our control for which we will not be responsible.

Payment

All prices are inclusive of VAT. You will receive an electronic confirmation of receipt of your order via email. Payment can be made by any of the specified Payment Methods. Payment is taken on dispatch of the Products. Payment will be debited and cleared by PayPal online payment services.

You confirm that the credit/debit card that is being used is yours.

All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.

Payment methods

TOSYS LTD offers the following variety of payment methods:

• MasterCard
• Visa
• Maestro
• Visa Electron
• Switch/Solo

Please be sure to provide your exact billing address and telephone number - the address and phone number your credit card company has on file for you. Incorrect information may cause a delay in processing your order.

Refusal of transaction

We reserve the right to withdraw any Products from our site at any time and/or remove, screen or edit any materials or content. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion.

We will not be liable to you or any third party by reason of our withdrawing any product from our site, whether or not that product has been sold; removing, screening or editing any materials or content; refusing to process a transaction or suspending any transaction after processing has begun.

The eligibility to purchase products on our site is limited to those parties who satisfy our eligibility criteria. By making an offer to buy a product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your credit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

Credit card security

All orders are 'encrypted' to ensure safe transmission to us. We utilise secure server software (SSL) through 3D Secure to ensure your information cannot be read as it travels over the Internet.

Eligibility

To be eligible to order products on our site and lawfully enter into and form contracts on our site under English law you must register by providing your real name, phone number, email address, credit card details and other requested information. Purchases on our site can only be made by those individuals aged over 18 years of age who meet these terms of eligibility, who have been issued a valid credit card by a bank acceptable to us, whose applications are acceptable to us and who have authorised us to process a charge or charges on their credit card in the amount of the total purchase price for any products which they purchase.