These terms and conditions (“Terms”) help to keep the www.ToroBlue.com website a safe place to trade and set out the full extent of any agreement reached between you and ToroBlue in connection with the ToroBlue website (“the Site”). You should understand that by placing an order, you accept the following terms and conditions:
General
1. The owner of this web site is ToroBlue Limited whose address is ToroBlue, St Elmo, 77 Hauteville, St Peter Port, Guernsey GY1 1DQ (“ToroBlue”/“We”/“our”). Registration number 43847.
2. Your contract for purchases made through the Site is with ToroBlue.
3. You must be eighteen years old to use this site.
4. You agree that e-mail can be used as a long-distance means of communication.
5. No contract for the sale of any product will subsist between you and ToroBlue unless and until ToroBlue accepts your order by way of an e-mail confirming that it has received payment in full for all the goods you have ordered. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time ToroBlue sends the e-mail to you (whether or not you receive that e-mail). This confirmation e-mail amounts to an acceptance by ToroBlue of your offer to buy goods from ToroBlue or a third party supplier that is engaged on your behalf by ToroBlue.
6. This confirmatory e-mail will contain all relevant statutory information concerning your contract.
7. You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.
8. ToroBlue will not pass on your personal or credit or debit card details to any third party. We shall be entitled to process your data in accordance with the terms of our Privacy Policy. Please view this document for further information.
9. You undertake that all details you provide to ToroBlue for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
10. If there are any changes to the details supplied by you it is your responsibility to inform ToroBlue as soon as possible.
11. All purchases are non-exchangeable and non-transferable.
12. You may cancel your order at any time prior to your order being processed by email to info@toroblue.com or by post or by telephoning 0207 223 0608 during normal office hours. You may also withdraw from the contract at any time after the product has been dispatched and you have received our email confirming your order but no later than 7 working days after the day after you receive the product by:
13.1
sending the notice of cancellation by email to info@toroblue.com ensuring that you quote your name, address and order reference number; or
13.2
where you have already received the goods, returning the goods to ToroBlue unopened together with the original invoice. ToroBlue will refund you the purchase price of the goods. Where appropriate ToroBlue shall refund any additional customs duties borne by you on receipt of the relevant customs receipt.
14. Once ToroBlue receive notification from you that you wish to withdraw from the contract (in accordance with these terms), any sum debited to ToroBlue from your credit card in relation to your order will be re-credited to that credit card account as soon as possible and in any event within 30 days of your order provided that the goods you wish to return are received by ToroBlue in the condition that they were in when delivered to you. You will be liable for any charges incurred in returning the goods to ToroBlue.
15. ToroBlue reserves the right to make a 15% restocking charge for any goods which are not returned in mint condition or to refuse to accept such goods, at its sole discretion. ToroBlue also reserves the right to make a charge for collecting goods from your premises in circumstances where they are not defective but you have cancelled your order. Your statutory rights are not affected.
Liability
16. This section applies only to the extent permitted by law. For the avoidance of doubt, ToroBlue do not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from ToroBlue’s negligence or wilful default, or that of ToroBlue’s employees, agents or subcontractors or (b) fraudulent misrepresentation.
17. ToroBlue does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.
18. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on the Site is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount in accordance with these Terms.
20. ToroBlue will do its best to correct errors and omissions as quickly as practicable after being notified of them.
21. TO THE FULLEST EXTENT PERMITTED BY LAW, TOROBLUE IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, TOROBLUE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.
22. In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, ToroBlue shall, at its own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question PROVIDED THAT you notify ToroBlue of the problem in writing at the address stated in the confirmation e-mail within 10 working days of delivery of the goods. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.
23. You and ToroBlue will only be liable under these Terms for losses which are a reasonably foreseeable consequence of the relevant breach of contract.
24. All electrical products are covered by a twelve month manufacturer's warranty. If your product develops a fault while under warranty, please contact ToroBlue and we will advise you where to send it for repair. It is a "return to base" warranty therefore there will be a delivery charge to return the product back to the relevant UK service centre.
Processing of orders
25. Credit and Debit cards are debited on the day of shipping by ToroBlue. All prices include sales taxes (where applicable) unless otherwise stated, and no charge is made for shipping.
26. Every purchase you make shall be deemed performed in Guernsey. Guernsey law shall govern every aspect of contractual agreement concerning purchases made from the Site.
28. ToroBlue aims to arrange shipment of all in stock items within 24 hours of receiving your order. Your order may be delayed if the item is not in stock with our suppliers. Some items may be unavailable and the current stock status is approximate. ToroBlue are not able to supply dates our suppliers may get an item in stock.
Delivery/Title/Risk
29. The period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the Order Confirmation. Please note that your goods may be sent to you in instalments. You may cancel your entire order with us if subsequent instalments forming part of your order are not delivered by us.
30. If your delivery address is outside of the EU, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; ToroBlue advises each customer to contact their local customs office for further information.
31. Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
Miscellaneous
32. We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
33. We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.
34. No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.
35. You may not permit, create unauthorized framing of, or deep linking to, the Site or the creation of derivative works thereof from any other website under your management or control.
36. In these Terms, “Intellectual Property Rights” means patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the Site shall be owned by us absolutely.
37. Subject to the licence granted to you to use the Site, ToroBlue reserves all rights, title and interest in its Intellectual Property Rights in the Site. Any goodwill accruing from use of ToroBlue and its affiliates' trade marks, trade and business names and service marks under this Agreement will vest in ToroBlue and its affiliates, as appropriate.
38. It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. ToroBlue tracks the electronic 'fingerprints' of every order placed on ToroBlue to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.
39. We reserve the right to terminate this Agreement and to suspend or terminate your access to the Site immediately and without notice to you if:-
(i)
you fail to make any payment to us when due;
(ii)
you breach the terms of this Agreement (repeatedly or otherwise);
(iii)
when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine
the accuracy and validity of any information supplied by you, or your identity;
(iv)
we suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the Site.
40. ToroBlue may amend these Terms from time to time, and place the new version on the Site. When ToroBlue do so, it will mention the fact on our home page (www.ToroBlue.com). For users purchasing goods or registering on the Site for the first time, all purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms Otherwise, such changes will be effective against existing users thirty days following posting of the amended version on the Site. Your continued use of the Site following ToroBlue’s posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using the Site.
41. These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between ToroBlue and you relating to your purchase. ToroBlue advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by ToroBlue. We will store a copy of the contract entered into by you with ToroBlue. You are advised to read (and are responsible for reading) fully all information on this website.
42. If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected.
43. These Terms are subject to the laws and exclusive jurisdiction of the Island of Guernsey, Channel Islands.
|
