Terms and conditions
Distance Selling Trading Terms & Conditions for Products
These are the terms on which Toyella Limited (Company number 05911501) (‘Toyella’) sells its products on or through its Website. They do not affect your statutory rights. They are designed to set out clearly Toyella’s responsibilities and your rights.
These terms and conditions take into account rights granted to consumers under the Consumer Protection (Distance Selling) Regulations 2000 (‘Regulations’) where such consumers are contracting via distance selling i.e. carrying out a non face to face transaction. As such, if you are not buying via distance selling or if you are buying as a business the returns policy under paragraph 10 of these terms and conditions will not apply to you.
Toyella’s details are as follows:
Toyella Limited (Company number 05911501).
Canalside Office Complex
Lowesmoor Wharf Worcester
Phone: 0800 542 6857
VAT Registration Number: 986068569
1. Definitions and General
In these terms and conditions (hereinafter collectively referred to as ‘Conditions’):
1.1 ‘Contract’ means any contracts made between Toyella and you for the sale and purchase of Products from its Website or through distance selling.
1.2 ‘Order’ means any order (whether oral and written) for Products made by you to the Company including those made through the Website.
1.3 ‘Parties’ mean Toyella and you.
1.4 ‘Products’ mean any product, article and/or item which Toyella sells on its Website.
1.5 ‘Website’ means www.toyella.com or variations to the name of the aforesaid domain name.
1.6 In these Conditions, references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
1.7 In these Conditions, references to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires.
1.8 In these Conditions headings will not affect the construction of these Conditions.
1.9 You agree that e-mail can be used as a long-distance means of communication.
2. Terms of Acceptance
2.1 A Contract is formed between you and Toyella when (and not before) Toyella notifies you by e-mail and/or electronically that your Order has been accepted. Your Order will not be accepted until Toyella receives authorisation of your credit card payment or such other authorisation. Toyella does not accept Orders from you if your address is not within the United Kingdom unless otherwise agreed by an authorised representative of Toyella and subject to such additional terms as may be agreed by such authorised representative and you. Toyella reserves the right not to accept any Order. You are advised to print off and keep safe a copy of these Conditions once your Order has been accepted by Toyella.
2.2 The Parties agree that the Contracts (Rights of Third Parties) Act 1999 shall not apply in any Contracts.
2.3 Subject to any relevant laws and regulation, you agree that these Conditions shall be the exclusive basis on which any Contracts made between Toyella and you are transacted and processed unless otherwise agreed in writing by an authorised representative of Toyella.
2.4 While Toyella tries to ensure that all prices on the Website are accurate, errors may occur. If an error is discovered in the price of the Products that you have ordered, Toyella will contact you to let you know the correct price and ask you whether you still wish Toyella to fulfil your Order at correct price. Toyella shall be under no obligation to fulfil your Order for a Product, which was advertised at an incorrect price. Toyella shall give you the option of confirming the Order at the correct price or if you so choose, to cancel the Order altogether. Where you cancel your Order for which you have already paid for, Toyella will refund the full amount to you.
2.5 Toyella will do its best to correct errors and omissions as quickly as practicable after being notified of them.
2.6 Toyella will not keep details of your personal or credit or debit cards as its secure payment-processing provider processes them. You undertake that all details you provide to Toyella for the purpose of processing the purchase of your Products 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 Products.
3. Registered User
3.1 You will need to register as a registered user (‘Registered User’) of Toyella in order to complete any purchase you make through the Website.
3.2 Upon duly completing the relevant registration process, you will be registered as a Registered User (which is free of charge) and be issued with a username and password. Details of such username and password will be emailed to your nominated email address.
3.3 You are solely responsible for the security of your username and password and must not disclose your username and password to anyone. You must inform Toyella immediately if your username and password have been compromised. In such a case, Toyella will reset your username and password for you. In this regard, please contact Toyella at email@example.com or 0800 542 6857
4. Price and Payment
4.1 Subject to paragraph 2.4, the price of the ordered Products shall be as set out on the Website, and includes postage, packing and value added tax (if applicable). Unless otherwise agreed by Toyella, all payments made by cheque must be in Pounds Sterling. For your own protection, please do not send payment in cash.
4.2 Where Orders are made through the Website, Toyella accepts payment through Visa, Master Card and Maestro (collectively as ‘Credit Cards’).
4.3 An Order may also be through telephone on 0800 542 6857 (between the hours of 9.30am to 4.30pm from Monday – Friday).
4.4 Where an Order is not made through the Website, the Order made shall clearly state (1) the type of Products; (2) the quantities ordered; and (3) the location where the Products are to be delivered. Where an Order is placed orally or in the event of any dispute as to the Order, Toyella’s version of the Order shall be deemed as the authoritative Order and you shall not dispute the correctness of the same.
5.1 After an Order is accepted, the Products ordered will be delivered to the address entered by you on the on-line order form, which must be within the United Kingdom or that which you provided to Toyella where such Order is not made online (as the case may be). Products will normally be despatched within 24 hours. For the avoidance of doubt, as the actual delivery of the Products is carried out by third party couriers, Toyella shall be under no liability for any delay or failure to deliver the Products except to return the purchase price.
5.2 Unless a longer delivery date is agreed between the Parties, if Toyella fails to despatch any ordered Products within 30 days of acceptance of your Order, Toyella shall refund in full your payment in respect of such Products.
5.3 You agree that risk of loss or damage of Products passes to you upon delivery of the Products or on the date of the first attempted delivery by Toyella.
6. Loss and Damage
6.1 Toyella warrants that, at the time of delivery, the Products will, subject as hereinafter provided, correspond with the description on the Website, will be free from defects in materials and workmanship and will be of satisfactory quality (within the meaning of the Sale and Supply of Goods Act 1994). All other warranties are excluded to the fullest extent permitted by law.
6.2 Any claim by you that any Products ordered fail to correspond with the description on the Website or that they are defective or not of satisfactory quality, must be notified to Toyella by email at firstname.lastname@example.org or letter within a reasonable time from the date of delivery in any event no later than 14 days after delivery. If delivery is not refused, or you do not notify Toyella accordingly, Toyella shall have no liability for such failure or defect unless the Products were not of satisfactory quality at the time of delivery or such defects are latent defects.
6.3 If you make a valid claim under paragraphs 6.1 and/or 6.2, Toyella shall replace the Products in question free of charge or, at your option, refund in full your payment in respect of such Products.
7. Limitation of Liability
7.1 Toyella does not exclude liability in the case of death or personal injury caused by Toyella’s negligence or for fraud.
7.2 Toyella will use its reasonable endeavours to pass on any manufacturer’s warranty to you (where applicable).
7.3 Toyella shall not be liable for any fault or defect in respect of the Products if:
7.3.1 such fault or defect arose as a result of the Products being improperly assembled, used and/or not used in accordance with the manufacturer’s manual; or
7.3.2 such fault or defect was the result of unauthorised modification of the Products without the written consent of Toyella.
7.4 Subject to paragraph 7.1, to the fullest extent permitted by law, Toyella’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Conditions shall be limited to:
7.4.1 in respect of matters for which Toyella does not carry insurance, the price of the Products; and
7.4.2 in respect of matters for which Toyella carries insurance, the insured value.
7.5 Subject to paragraph 7.1, to the fullest extent permitted by law, Toyella shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of enjoyment, emotional anguish, suffering or satisfaction or otherwise or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with these Conditions or Contracts.
7.6 The provisions of this paragraph 7 shall survive the termination of these Conditions and/or Contracts.
7.7 The exclusions and limitations of liability set out in this paragraph 7 shall be considered severally. The invalidity or unenforceability of any one of these sub-paragraphs shall not affect the validity or enforceability of any other part of this paragraph 7.
8. Returns Policy
8.1 Toyella’s returns policy, which is in compliance with the Distance Selling Regulations 2000, is as follows:
8.1.1 Within seven (7) working days beginning with the day after the day of receipt of any Product, you may exercise your right of cancellation in respect of such Product by sending us written notice of cancellation by emailing email@example.com
8.1.2 You must promptly return the Products to Toyella at your cost.
8.1.3 Toyella will refund your payment for such Product including delivery cost from Toyella to you.
8.2 Where the Product is damaged, Toyella reserves the right to commence legal proceedings against you for any loss suffered by Toyella.
Any communication between the Parties shall be by e-mail or first class post to each party’s current e-mail or postal address (as given on the Website at the time of such communication) or the e-mail or postal address given in your Order (or any new e-mail or postal address which you may have notified to Toyella).
10. Amendments to this Condition
10.1 Toyella reserves the right to vary these Conditions at any time but, in respect of any ordered Products, the terms which apply shall be those when you placed your Order.
10.2 When Toyella amends these Conditions, Toyella will publicise such amendments on the Website’s home page. For users purchasing Products or registering on the Website for the first time, all Orders made on or after the date that the amended terms are placed on the Website onwards will be governed by such amended terms and conditions. In addition, such changes will be effective against existing registered users thirty days following posting of the amended version on the Website. Your continued use of the Website following Toyella’s posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Conditions, please do not continue to use purchase Products on Toyella’s Website.
11. Law and Jurisdiction
These Conditions shall be governed by and construed in accordance with English law and the English Courts shall have jurisdiction.