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Terms & Conditions

Please read and understand our terms and conditions.  They are important and are designed to give you an enjoyable shopping experience with us and ensure it is easy and secure.

These terms and conditions apply to the use of the tomoliandwill.com website.  By placing an order with us, you are agreeing to accept these terms and conditions.  Please note however that these terms and conditions may change at any time, so it is important before you place an order or make any purchases that you read and understand these first.  If you do not agree with these terms and conditions, you should not place an order or use the website in any way.

If you have any queries relating to our terms and conditions, please contact us before placing an order at info@tomoliandwill.com or call our team on +44 1342 314314

GENERAL INFORMATION
Tomoliandwill.com is owned by Tomoli & Will - an independent retail business. 

It's Head Office is at:
14 High St, East Grinstead, Sussex. RH19 3AW
Telephone number +44 (0) 1342 314314

VAT Registration No: 144 587 001

These terms do not affect your statutory rights.

Your contract for purchases made through tomoliandwill.com is with Tomoli & Will.   By agreeing to these terms and conditions you confirm that all goods ordered by you are for private use, and not for resale or to make a profit in any way.

To use this site and place an order you must be 18 years or older.  If you are under 18, you must have the express permission of a parent or guardian in the first instance.  The parent or guardian must have read and understood these terms and conditions before an order is placed by the person who is under 18 years of age that they are representing.

It is agreed by both parties that e-mail can be used as an approved means of communication and notification.

During the registration process, when you register with tomoliandwill.com you are required to choose a username and password.  It is your responsibility to ensure that all actions taken under the chosen username and password are for your own use and are only for purchases from tomoliandwill.com.  You must ensure that you keep your password safe and not disclose it to anyone. If you believe someone else may know your password, you must change it immediately.  You are not permitted to transfer or sell your username and password to anyone, or permit anyone else to use it, either directly or indirectly. If you have any changes to the details you submitted during the registration process it is your responsibility to inform tomoliandwill.com immediately at info@tomoliandwill.com.

It is a crime to use a false name or a known invalid credit card to place an order with us. Anyone caught deliberately entering an incorrect or fictitious order to purchase goods on this website will be prosecuted.

TRADEMARK AND COPYRIGHT
Our trademarks (for the avoidance of doubt, this includes and is not limited to store branding, brand name, logos and marks all related to Tomoli & Will) included within this site are for use within this site and are used/or registered worldwide.  Your access of this website does not give you any rights or ownership of any kind to use our trademarks.  All other trademarks on this site (not in relation to Tomoli & Will) are the property of the brand and trademark owners and must not be used for any purpose.

Content included within this website (for the avoidance of doubt, this includes but is not limited to trademarks, graphics, photos, text, images, icons and data) is the property of Tomoli & Will (unless owned by the brand and trademark owners), and is protected by UK and International copyright and intellectual property law.   It is prohibited for you to reproduce or frame any content or trademarks obtained from within this website.  You may download or print pages but ONLY for your personal use and you may not make modifications to it.    If you download any information from this website and share with a third party, it is your responsibility to inform that third party of these terms and conditions which they must adhere to.  You may not incorporate any part of this website into any other work or publication, including incorporation into an electronic work without our prior written consent.  If any information is downloaded it is imperative that Tomoli & Will?s copyright notice must remain on all reproductions of material downloaded from this site.

DESCRIPTIONS AND PRODUCT INFORMATION
We have made every effort to describe the items on this site accurately and give you an approximate idea of all information related to the products featured on this website.  Please note, however, that some items may vary slightly in colour, descriptive text or style.  We do not warrant, as to the extent permitted by law, that the content is completely accurate, reliable or without error.  All specifications, photos and other content contained within this website is for information purposes only and should not be relied upon.  To this extent, the information given will not form part of the contract with you and no warranty or guarantee shall be expressed or implied in the contract with you in this event.

ORDERING
For the purpose of ordering or purchasing goods, you warrant that the details you provide to tomoliandwill.com are accurate, true, complete and current.  You also warrant that the payment method you use is your own and that there are sufficient funds available to cover payment of the purchases/products ordered.

You are required to provide us with accurate details of contact, delivery and payment information so that we can complete and dispatch your order.  You warrant that all information given by you is correct and agree that it is your responsibility to notify us of any changes to such information. You can email any changes in your details to us at info@tomoliandwill.com.

All orders are subject to acceptance and product availability. While we endeavour to keep the website up to date on a daily basis, sometimes an item may show as 'In Stock' when it has already sold out.

Availability information for products is listed on each individual product description. If in the unusual circumstance tomoliandwill.com do not have enough stock to deliver the goods you have ordered, we will refund your credit or debit card as soon as we discover the error.

All prices listed on tomoliandwill.com are correct at the time of entering the information; however, we reserve the right to change prices of any product at any time. All prices include sales tax.

No contract for the sale of any product will exist between you and tomoliandwill.com until we accept your order by dispatching the product to you. When this happens we will confirm the acceptance by sending you an email.

This confirmation email will be sent to the email address given in your order form and will detail products ordered, payment method and cost (including VAT and P&P).

You must check all the details on this confirmation email are correct and contact us as soon as possible if any details are incorrect. 

If your order has not been accepted, you will receive an email from us telling you the reasons why.

PROMOTIONS AND OFFERS
Please note that promotions and sales are not valid together. Only one promotion can be used in a single order.  By registering and applying discount code OFFER1013, you will receive 10% OFF your first order. This cannot be used with any other promotion and is for use once per customer.

DELIVERY
The delivery period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order. If you are ordering more than one item, your goods may be sent to you in installments, but the usual course of action will be to dispatch your goods under one delivery.  For more information, please refer to our Delivery and Returns policy.

PAYMENT
tomoliandwill.com accepts most major credit/debit cards. You may also pay using your PayPal account. Your ordered goods will be dispatched and delivered once the funds that have been paid to tomoliandwill.co.uk have cleared into our bank account in full.

CUSTOMS AND DUTIES
For overseas orders, customs or import duties are decided once the package reaches its destination country. Additional charges for customs clearance must be borne by the recipient. We have no control over these charges and cannot predict what they may be.

CANCELLING AN ORDER
Once you have submitted your order via the shopping basket, you can change your mind and cancel your order at that time, so long as your order has not been despatched.

You must email us immediately at info@tomoliandwill.com if wish to cancel your order.  We will confirm by return that cancellation has been accepted as long as the order has not been despatched.  In this circumstance there will be no cost to you.

However, if you do not receive this confirmation and the order will have been despatched you will need to wait until you receive your order and then follow our Returns Procedure below.

RETURNS PROCEDURE
You can exercise your right of cancellation and follow our Returns Procedure provided you do so within 7 days from receipt of goods.  Please email your cancellation request immediately to info@tomoliandwill.com and ensure you include your name, address, order number and details products to be cancelled.

Goods must be returned to Tomoli & Will at our Flagship Store below:-
 
Tomoli & Will
14 High St, East Grinstead, West Sussex, England.  RH19 3AW

within 14 days from receipt for UK and 21 days for Europe and the Rest of the World. 
 
We ONLY accept returns if the item/s is/are unused/unworn and complete with original labels and tags.  The item/s must be in a resalable condition with no deodorant or make-up marks and be in the original packaging.  For hygiene purposes underwear cannot be exchanged or refunded.
 
We recommend returning the item/s via recorded post and retain proof of purchase as we do not accept responsibility for items lost in transit.
 
On acceptance by us via email of the returned goods, any funds debited to us from your credit or debit card will be re-credited to that credit or debit account within 30 days of your order   You will be liable for any charges or postage costs incurred when returning the goods to tomoliandwill.com - unless the return is as a result of faulty goods or an error on our side.

EXCHANGE PROCEDURE
We will exchange the same item/s (subject to availability) for the same item received by you if the condition is damaged, faulty or incorrectly shipped through any reason that is our error within 1 month from the date of despatch.
 
On receipt of the faulty/damaged/or incorrectly sent goods, it is your responsibility to inform us in via email at info@tomoliandwill.com within 7 days from receipt of your order.  Please then follow our Returns Procurement above to return the goods immediately. 

Once received by us, we will review the condition of the returned goods and confirm, or otherwise, acceptance of the damaged, faulty or incorrectly shipped goods.  On acceptance by us of the returned goods, we will exchange the same item (subject to availability).  If the item is unavailable and exchange cannot take place, any funds debited to us from your credit or debit card will be re-credited to that credit or debit account within 30 days of your order   You will be liable for any charges or postage costs incurred when returning/exchanging the goods to tomoliandwill.com unless the return is as a result of faulty goods or an error on our side, at which point we will refund ?reasonable? postage costs to you, subject to proof of those costs.

PRIVACY
Your privacy is important to us.  Tomoliandwill.com will not pass on your personal, credit or debit card details to any third party.  We will not ask for personal details via email.  If you receive an unsolicited email asking you for your tomoliandwill.com log in details, please contact us immediately at info@tomoliandwill.com.  For more information, please refer to our Privacy policy.

How we use your personal data

All the information we collect via our website or through correspondence with you is for our purposes only so we can ensure you have an efficient customer experience with us.

We are dedicated to ensure your personal information is only used for:-

Managing and delivery of orders you have placed with us. 
Communicating with you with regards to your account and business activities between us. 
Providing you information about the services, products, special offers, promotions and sales we offer. 

If our business ever has a change of control, our data records are part of our business.  We will never disclose or sell your information to any third party organization unless you inform us that you want us to.

LIABILITY
The tomoliandwill.com online store shall not be liable for any indirect or consequential loss whether this arises from breach of duty, breach of contract, negligence or any other way. Liability for any claim shall not exceed the price of the goods supplied.

We do not accept liability (except as set out below) for any errors and/or omissions contained in our website.

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, we shall 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 us of the problem in writing on the returns form at the address stated within 7 working days of delivery of the goods. This provision does not affect your statutory rights.

We have taken every measure to provide accurate product images for each product for sale on the site. However, due to a number of different factors such as Internet browsers, monitor colour contrasts etc, we cannot be held responsible or liable for any differences in colour between the image and the actual product.

The products sold on tomoliandwill.com are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, and loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from tomoliandwill.com

We have taken every measure to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers.

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.

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

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

We 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 losses suffered or incurred by that party arising out of or in connection with the provisions of any matter 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.
Indemnity

You agree to indemnify and hold us and our affiliates and agents and our and their respective officers, directors and employees harmless from any claim or demand, including legal fees, made by any third party due to or arising out of your breach of this agreement or your violation of any law or rights of a third party.

ACCEPTABLE USE
You acknowledge that you are responsible for all communications sent via or to this website and agree your use of this website for private, proper and lawful purposes only. You will not carry out any act or omission or procure any act or omission which would:
Damage, delay, interrupt or impair the use of this website or its software;
Cause any illegal, offensive, defamatory material to be placed on or associated with this website;

Be in breach of any copyright, trade mark, privacy, confidence, or any other third party right; or Cause any inconvenience to tomoliandwill.com, its employees, servants, agents, software and other suppliers or any other third party (including, without limitation, creating or procuring software viruses, chain letters, unsolicited communications and 'spam').

In the event that you breach any of these conditions, you will indemnify and keep indemnified tomoliandwill.com, its parent, subsidiaries, associated companies, employees, servants, agents, professional advisors, suppliers and affiliates from time to time against all damages, losses, claims, costs, charges, awards, orders, judgments and other liabilities suffered or threatened as a result of a breach of these conditions.

Orders are for the personal, non-commercial use of our customer. Resale of any tomoliandwill.com product without the express, written consent of tomoli & will is strictly prohibited.

SURVIVAL
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

ENTIRE AGREEMENT
These Terms and Conditions govern our relationship with you. You confirm that, in agreeing to accept the Terms and Conditions, you have not relied on any representation except where that representation has been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

LAW
The Conditions 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. Unless otherwise specified, the materials on this website are directed at and are intended solely for use by those accessing the website from within the United Kingdom. Tomoliandwill.com makes no representation or warranty that any product, service or information referred to or contained in this website are appropriate for use in other locations or jurisdictions. Those who choose to access this site from other locations or jurisdictions are responsible for compliance with any local laws.