Terms & Conditions
1. Agreement to Terms and Conditions
1.1 Acceptance of Terms and Conditions
1.1.1 The website https://tomtie.com (“the website”) is owned and operated by ‘Tomtie’. References to “we”, “us”, or “our” are references to ‘Tomtie’.
1.1.2 Your use of this website and purchase of any products from this website is at all times subject to these Terms and Conditions. By accessing our website you agree to our Terms and Conditions set out below. If you do not agree to these Terms and Conditions, you must exit our website immediately.
1.2 Changes to Terms and Conditions
1.2.1 We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this website will be the version that is current and displayed on the website as at each date you access the website. Your use of the website after changes are made means that you agree to be bound by such changes. These terms were last updated on 16th of December 2021.
1.3 Other applicable terms
2. Website Use
2.1 You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this website. You also agree not to interfere with the servers or networks underlying or connected to this website or our services or to violate any of the procedures, policies or regulations of networks connected to this website.
2.2 All content and programming of the website is our property. Except as may be permitted by law, notwithstanding contractual prohibition, you may not reproduce, modify, copy, de-compile or reverse engineer any of the materials, software or content on the website without our written permission. Use of the website is restricted to personal, non-commercial use only.
2.3 You agree not to impersonate any other person while using the website, conduct yourself in an offensive manner while using our website, or use the website for any illegal, immoral or harmful purpose.
2.4 You may not use the website for unlawful purposes or in any way that may damage our name or reputation or that of our affiliates.
2.5 It is your responsibility to ensure your computer system meets all the necessary technical specifications to enable you to access and use the website and is compatible with the website.
2.6 We may, from time to time, restrict access to certain features, parts or content of the website, or the entire website, to users who have registered with us.
2.7 You are solely responsible for maintaining the confidentiality of your account and password, for all activity that takes place on your account, and for restricting access to your computer. We will not be held liable for any loss or damage that may result from your failure to do so.
2.8 The information contained in the website is for general information purposes only. We endeavour to keep the information contained on the website (other than User Material (as defined in clause 3.2 below)) up-to-date and correct, although there may be times when this is not the case. If you notice any issue with the information on the website, please contact us at firstname.lastname@example.org.
2.9 Tomtie reserves the right to use any content that you post to social media that specifically concerns or references Tomtie and or its products. This content may be shared by Tomtie on our own social media accounts, with third parties or on our website.
Intellectual Property Rights
3.1.1 All intellectual property rights in or relating to the website (including our text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licencors. Except where you are given a non-exclusive licence to use the intellectual property rights that you need to enable you to use the website in accordance with these Terms and Conditions, you are not given any rights in respect of the intellectual property rights owned by us or our licensors and you acknowledge and agree that you do not acquire any ownership of, or other rights in relation to, any such intellectual property rights by virtue of using the website.
3.2 External Links
3.2.1 From time to time this website or our Social Media presence may also include links to other websites that we do not control. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s) / content. We have no responsibility for the content, privacy policies or operation of such linked website(s) /Social Media pages, or for anything provided (or not provided) by the third parties controlling such linked websites.
4.1 In order to purchase products from the website, you must first register to set up an account with us by completing the registration form on the website.
4.2 In order to register an account you must be an individual and agree to comply with these Terms and Conditions. If you are registering on behalf of an organisation or company you must have the authority to bind that company. You may NOT order from us if you are under 18 years of age, nor may you order products for delivery to anyone under the age of 18.
4.3 When signing up you need to provide:
4.3.1 your full name;
4.3.2 a valid and current email address;
4.3.3 a valid and current mobile telephone number;
4.4 You warrant that all information you provide to us when registering an account is true and accurate to the best of your knowledge and belief. It is your responsibility to ensure the information in your account is updated regularly with any relevant changes.
4.5 We may refuse at our absolute discretion any application to join us or receive our services for any reason whatsoever.
4.6 You are responsible for all activities and purchases that occur under your account. You must notify us immediately if you know of, or suspect, that anyone has obtained access to your account or if you otherwise become aware of any unauthorised use of your account or other security breach.
5. Availability of Website
5.1 Although we aim to offer you the best service possible, we make no promise that our website services will be available all of the time, meet your requirements or be fault free. If a fault occurs in the service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.
5.2 Your access to the website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email at email@example.com.
7. Limitations on Liability
7.1 Nothing in this clause 11 or otherwise in these Terms and Conditions shall exclude or in any way limit our liability for: ◦
7.1.1 fraud or fraudulent misrepresentation;
7.1.2 death or personal injury caused by our negligence;
7.1.3 breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
7.1.4 under Part I of the Consumer Protection Act 1987; or
7.1.5 any other liability to the extent the same may not be excluded or limited as a matter of law.
7.2 None of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
7.3 Subject to clause
7.3.1, in no event shall we be liable to you for any business losses. Any liability we do have for losses you suffer is strictly limited to the purchase price of the relevant products and to losses that were foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. Please note that this does not affect your statutory rights.
8. Applicable Law
8.1 Your use of this website is governed by these Terms and Conditions and construed and enforced in accordance with the laws of England and Wales. Disputes arising from your use of this website and the services we provide are subject to the non-exclusive jurisdiction of the courts of England and Wales.
8. Assignment by Us
8.1 You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these Terms and Conditions. These Terms and Conditions are personal to you and you may not assign any of your rights or transfer, sub-contract or delegate any of your obligations under these Terms and Conditions.
9. Accounts are Non-Transferable
9.1 Accounts with Partners In Supply are not transferable and therefore cannot be sold or traded.
10. No Waiver
10.1 If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.