TERMS & CONDITIONS
We may update these Terms & Conditions (and the documents referred to in them) from time to time and will notify such changes to you by uploading details of them on the Website. You should review the Terms & Conditions periodically for changes. By using the Website you agree to be bound by these Terms & Conditions.
If you do not agree to these Terms & Conditions you must immediately stop using the Website.
In these Terms & Conditions, ‘Toad’, ‘us’ or ‘we’ refers to Morse Toad as a brand of Clarence & Bean, a limited company registered in England and Wales with a company number 6415676 whose registered office is 12 Howden Road, Tiverton, Devon, EX16 5HW. The term ‘you’ refers to the user or viewer of the Website.
1 Website Use
1.2 Neither the Toad nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
1.3 Your use of any information or materials on the Website is entirely at your own risk.
1.4 It shall be your own responsibility to ensure that any products, services or information available through the Website meet your specific requirements.
1.5 This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms & Conditions.
1.6 The content on the Website is protected by copyright, trademarks, database rights and other intellectual property rights. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without written permission from the Toad.
1.7 All trademarks reproduced on the Website, which are not the property of, or licensed to the Toad, are acknowledged on the Website.
1.8 Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence.
1.9 From time to time, the Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that the Toad endorses the website(s). We have no responsibility for the content of the linked website(s).
1.10 Visitor Material
(b) You represent and warrant that that any Visitor Material you post, upload or transmit does not and will not breach any of the restrictions in Sub-clause (c) below.
(c) You are prohibited from posting, uploading or transmitting to or from the Website any Visitor Material that:
i breaches any applicable local, national or international law;
ii is unlawful or fraudulent;
iii amounts to unauthorised advertising; or
iv contains viruses or any other harmful programs.
(d) You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Visitor Material in breach of Sub-clause (c) above or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.
1.11 You agree that the Toad shall not be liable for any loss or damage you suffer from the use of the Website.
1.12 You agree to indemnify the Toad for any loss, damages, claims, cost or expense (including legal costs) that the Toad may suffer or incur as a result of or in connection with your use of or conduct in connection with the Website and any Visitor Material, including any breach by you of these Terms & Conditions.
2 Our Offers
2.1 Any offers the Toad makes are designed to be used independently and are not available in conjunction with any other offer.
3 A Contract with the Toad
3.1 We must receive payment in full for the Products that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
3.2 For business or corporate purchases please contact the Toad to discuss terms on [email protected].
5.1 The prices payable for Products that you order are as set out on the Website are inclusive of VAT, if applicable, and are subject to change at any time.
5.2 Our delivery charges and any additional charges are detailed during the checkout process.
6 Delivery of Products
6.1 We will deliver the Products ordered by you to the address you give us for delivery at the time you make your order. It is, however, your responsibility to provide us with accurate delivery address details. We will not check or verify addresses and messages supplied by you.
6.2 You will become the owner of the Products you have ordered when they have been delivered to you. Once Products have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
6.3 The Toad uses Royal Mail to deliver the Products to you. Actual delivery times may vary depending on:
(a) our stock availability;
(b) your delivery address; or
(c) circumstances impacting delivery by the Royal Mail.
6.4 If you have chosen express courier delivery then the Toad will endeavour to deliver the Products as agreed upon at time of purchase depending on stock availability and delivery address.
6.5 The Toad reserve the right to use alternative delivery methods without prior notification.
6.6 You will not hold us responsible for any delays, outside our control, which relate to the delivery of Products.
6.7 It is the customer's responsibility to report all lost boxes on-line within 7 days. Customers are obliged to comply with either Royal Mail's claim compensation process or the Toad’s brand process. Failure to comply with these processes, as amended from time to time, will result in no refund.
6.8 We shall have no liability to you for any failure to deliver Products you have ordered or any delay in doing so or for any damage or defect to Products delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation to, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident
7.1 We reserve the right to cancel the contract between us if:
(a) we have insufficient stock to deliver the Products you have ordered;
(b) we cannot guarantee delivery; or
(c) one or more of the Products ordered was listed at an incorrect price due to a typographical error.
7.2 If we do cancel your contract we will notify you by email and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
8.1 If you are dissatisfied with any Product you receive from us, please contact our customer services team on [email protected] within 7 days of receipt. As long as the box containing the Product is unopened, in the original undamaged packaging and in a saleable condition we'll give you a refund. The customer will have to pay the costs of return of any goods.
8.2 We retain the right to request a return of any faulty Products by recorded delivery to 12 Howden Road, Tiverton, Devon, EX16 5HW and the Product will be inspected. If the fault is agreed, a full refund will be given for the returned Products. We reserve the right to refuse to refund any Product.
8.3 This refunds policy does not affect your rights at law, including under the Consumer Protection Act 1987, which cannot be excluded or limited.
If any part of these Terms & Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms & Conditions will not be affected.
11 Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that act.
12 Entire Agreement
13 Governing law
These Terms & Conditions (and any non-contractual arrangements arising out of these Terms & Conditions) are governed by the laws of England & Wales and you submit to the exclusive jurisdiction of the courts of England.