This agreement is between you, the “User” and Tilda and Tom Ltd. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon first use of our Website. This Website is to be used by persons under the age of 18 only with adult supervision. Payment is to be provided by persons over 18 only.
If you do not agree to any of our Terms and Conditions, you must discontinue use of our Services and the website.
By using this website you are consenting to the processing of data described and confirm that all data supplied by you is correct.
2. AVAILABILITY OF GOODS
Tilda and Tom does not warrant that Goods are available at time of ordering. Stock levels are registered by the Website; however often sales are made “offsite” and sales can be made by other users at the same time. If there is no availability on purchased stock, a full refund will be given immediately.
3. PRICING AND PROMOTION
Tilda and Tom reserves the right to alter prices from time to time and as necessary. All prices are inclusive of VAT at the current rate and is applied. Any price entered by us in error will not be honoured, orders will be cancelled and payments refunded.
From time to time we may have offers and promotion codes available. These cannot be used in conjunction with any other offer. Sale items are not included for use with any promotion code. Offer end dates are applied to promotions and should be adhered to. Tilda and Tom reserve the right to withdraw offers at any time. Previously purchased items cannot be returned in order to take advantage of promotions and cannot have promotion codes applied later.
You must not misuse this website. You will not commit or encourage criminal offence, transmit or distribute a virus, Trojan, worm, logic bomb or post any material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene, hack into any aspect of the Service, corrupt data, cause annoyance to other users, infringe upon the rights of any other person’s proprietary rights, send any unsolicited advertising or promotional material (“spam”), or attempt to affect the performance or functionality of any computer facilities of or accessed through the website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We are not liable for any loss or damage caused by a distributed attack, virus or other intentionally technologically harmful material that may infect your computer equipment, programs, data or other proprietary material due to you use of our website. We are not liable for your downloading any material posted to it or any website linked to us.
In order to purchase Goods on this Website you are required to create an Account which will contain certain personal details and payment information. By continuing to use this Website you confirm that all information you submit is correct, you have permission to submit payment information and you will keep this information accurate and up-to-date.
It is recommended that you do not share your Account details, particularly your username and password. Tilda and Tom are not liable for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details.
If you have reason to believe that your Account details have been obtained by another without consent, you should contact Tilda and Tom immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Tilda and Tom accepts no liability or responsibility.
6. TERMINATION OF ACCOUNT
You may terminate your account with us at any time.
If Tilda and Tom terminates your Account, you will be notified by email and an explanation for the termination will be provided. We reserve the right to terminate your account without reason. If Tilda and Tom terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched. If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any money paid in relation to those purchases.
7. INTELLECTUAL PROPERTY
All content included on this Website (text, graphics, videos, logos, icons, images, sound clips, page layout, underlying code and software) remains the property of Tilda and Tom or its affiliates and are protected by copyright laws and treaties around the world. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to your or which appears on this website nor may you use any of our content in connection with any business or commercial enterprise.
You shall not reproduce or modify, translate, decompile, disassemble, or create derivative words based on any software or accompanying documentation supplied by Tilda and Tom or its licensors. TildaandTom.co.uk is a trademark belonging to Tilda and Tom Ltd. No license or consent is granted to use these marks in any way and you agree not to use these marks or any marks which are similar without the written consent of Tilda and Tom.
All third party intellectual property is used by us under agreement. All intellectual property rights to images, descriptions, logos, icons and other content are owned by the third party e.g. the manufacturers or distributors. You may not reproduce, copy, distribute, store or reuse such material unless you have you have permission to do so.
8. LINKS TO OTHER WEBSITES
This website contains links to other websites, which are not part of or operated by Tilda and Tom. We are not liable for content of linked sites or any loss or damage by use of them. Linked sites should have their own terms and conditions which you are to adhere.
9. CHANGES TO THE SERVICE
Tilda and Tom reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If Tilda and Tom is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
Access to and use of the Tilda and Tom Website and the goods and services available (the “Services”) through this Website are subject to the following terms and conditions of service. By using the Services, you are agreeing to all the terms of service as may be amended by us. You should check this page regularly to take notice of amendments to our terms.
Access to the website is permitted on a temporary basis. We reserve the right to withdraw any or all of our Services without notice. We are not liable if our website is unavailable whether this be due to us or our provider.
We do not guarantee that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
No part of this Website is intended to constitute a contractual offer capable of acceptance.
11. LIMITATION OF LIABILITY
To the maximum extent permitted by law, Tilda and Tom accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
Nothing in these Terms and Conditions excludes or restricts Tilda and Tom’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
12. LIMITATION OF LIABILITY
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
13. THIRD PARTY RIGHTS
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Tilda and Tom Ltd.
All notices/communications shall be given to us either by post (Lebanon House, 70 Sunderland Road, South Shields, Tyne and Wear, NE34 0SW) or by email to firstname.lastname@example.org. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Tilda and Tom may from time to time send you information about our products, special offers or promotions. If you do not wish to receive such information, please click on the “Unsubscribe” link in any email which you receive from us.
These Terms and Conditions and the relationship between you and Tilda and Tom Ltd shall be governed by and construed in accordance with the Law of England and Wales and Tilda and Tom Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.