Terms and Conditions
1. CONDITIONS OF USE
1.1 Use of the Services and Web Site
The web site tomee.co.uk (the "Web Site") and the goods and services on it are offered to you for your personal and non-commercial use only. Commercial use of this Web Site is strictly prohibited.
You agree to comply with all applicable laws, statutes and regulations in connection with the use of the Web Site and goods (the "Goods") or services (the "Services") obtained via the Web Site and in entering all competitions endorsed by Tomee Limited (the "Competitions"). The Goods, Services and Competitions are together referred to as the "Supplies".
By using the Web Site, you unconditionally agree to be bound by these terms and conditions.
1.2 Restrictions on Use
As a condition of your use of this Web Site and the Services you agree that you will not:
(a) reverse engineer or decompile (whether in whole or in part) any software available through the Web Site (save to the extent expressly permitted by applicable law);
(b) remove, change or obscure any product identification or notices of proprietary rights or any restriction on or in the Supplies and/or the Web Site;
(c) remove any copyright, trade mark or other intellectual property right notices contained in material on the Web Site or Supplies;
(d) make copies, modify, reproduce, republish, post, transmit, distribute or alter (including the creation of HTML links to or from the Web Site) all or any part of the Web Site or any materials contained on it.
1.3 Unlawful or Improper Use
You must not use the Web Site or the Supplies for any unlawful purposes. In particular, you must not:
(a) publish, post, upload, distribute, disseminate or otherwise transmit, information or pictures that are obscene or pornographic, threatening, menacing, racist, offensive, defamatory, libellous, or are alleged to be, or are in the opinion of Tomee Limited, otherwise unlawful ;
(b) upload files that contain software or other materials in breach of any intellectual property rights or in breach of confidence;
(c) download any file of materials posted by another user that you know, or reasonably should know cannot be copied or otherwise used legally or unacceptable;
(d) harass, stalk, threaten or otherwise infringe the rights of others;
(e) hack into any web site, deliver viruses or other harmful programs or forward chain letters, surveys, contests, pyramid schemes or engage in any other behaviour likely to inhibit any other user from using and enjoying the Web Site or the Services or that is otherwise likely to damage or destroy the reputation of the Web Site or Tomee Limited;
(f) advertise or offer to sell goods or services;
1.4 Monitoring and disclosure
Tomee Limited accepts no obligation to (but may in its discretion) monitor the use of the Web Site and/or the Services by you. Tomee Limited reserves the right to disclose any information or material which may be provided by you if required by law or regulations and to remove, refuse to post or to edit any such information or material and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions.
2. INTELLECTUAL PROPERTY RIGHTS
This Web Site (including the software used to operate it) and the trade marks and any information or material used in connection with the Web Site and the Supplies are owned by Tomee Limited and/or its licensors. You are not granted any right or interest in these except as stated in these terms and conditions.
3. OPERATION OF THE SERVICES AND WEB SITE
Tomee Limited may at its sole discretion from time to time without notice change the format and content of this Web Site and/or the Services and suspend the operation of the Web Site and/or the Services, for example, for repair or maintenance work, or in order to update or upgrade the contents or functionality of the Web Site and/or the Services.
You are responsible for obtaining and updating your own web browser, and for all amounts payable in respect of connection to the internet including any telecommunications charges for time spent online in respect of use of the Web Site.
You will comply with all directions and instructions given by Tomee Limited in relation to the use of and access to the Web Site and the Services. Tomee Limited does not accept responsibility for the security or content of any information which you may supply through the Web Site or the Services and will not be liable for the content of any communications or messages received by you from other users.
4. DISCLAIMER AND LIMITATIONS OF LIAIBILITY
4.1 Products manufactured and sold by Tomee Limited contain magnets. Tomee Limited takes no repsonsibility for damage and injuries caused by improper or careless use of its magnets. By completing a purchase on our website you are confirming that you have read, understood and accepted our Health & Safety Warnings. You can read this here
4.2 By accepting these Terms & conditions you Agree that you have fully read and understood the health & instructions
4.3 In no event shall Tomee Limited, its directors, employees or other representatives be liable (whether for breach of contract, negligence or for any other reason) for any loss of profits, loss of sales, loss of revenue, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, consequential or special loss (howsoever arising).
4.4 Subject to the two paragraphs above in this clause 4, Tomee Limited liability to you whether in contract, tort or howsoever arising is limited to the amount paid by you to Tomee Limited in respect of the relevant Supplies.
4.5 You shall indemnify and keep indemnified Tomee Limited against any loss or damage arising from your unauthorised use of the Web Site or your disclosure of any password or username and from all actions, proceedings, claims, demands, costs (including legal costs), awards and damages howsoever arising, directly or indirectly as a result of any breach or non-performance by you of any of your obligations under these terms and conditions.
4.6 Tomee Limited supplies this Web Site and the Supplies "as is" and, to the fullest extent permitted by law, makes no representations or warranties (express or implied) of any kind, including but not limited to, the accuracy, quality, suitability, fitness for purpose or completeness of any information or materials made available on this Web Site or the Supplies, or any third party web sites linked from this Web Site. Tomee Limited shall not be liable for any action taken by you as a result of your relying on any information provided in this Web Site or the Supplies or third party web sites or for any loss or damage suffered by you as a result of you taking such action or as a result of you purchasing any Supplies from a third party.
4.7 Tomee Limited does not accept responsibility for the security or content of any information which you may supply through this Web Site or the Services and will not be liable for the content of any communications or messages received by you from other users including any content posted by other users in chat rooms.
You are solely responsible for your use of this Web Site, Supplies, any username, password and any information made available on this Web Site from time to time and for any consequences or effects (whether direct or indirect) of such use.
Tomee Limited does not warrant that this Web Site or the Supplies will be uninterrupted or error or defect free and shall not be responsible for the non-performance or interruption of this Web Site or the Services or for any viruses transmitted through this Web Site or the Services.
Any links from this Web Site to third party web sites do not constitute an endorsement by Tomee Limited of any products or services available on such web sites and Tomee Limited does not necessarily support or approve of them. You use such links entirely at your own risk and Tomee Limited accepts no responsibility for the content or use of such web sites or information contained in them.
5. BUYING GOODS AND SERVICES ON THIS WEB SITE
5.1 Contracting party
You may be able to purchase Supplies via this Web Site either direct from Tomee Limited or from third parties. You must ensure that, if you do intend to make any purchases, you know the identity of the company with which you will be contracting. Any contract you conclude with third parties will be on their terms and conditions and Tomee Limited will accept no liability whatsoever in respect of such contracts. Third party terms and conditions should be available in the checkout or other appropriate section of the relevant Tomee Limited or third party web site. The following paragraphs of this clause 5 contain terms and conditions relating solely to any sale or provision of Supplies direct to you by Tomee Limited, not by any third party.
5.2 Prices
The prices of all Goods are clearly marked in their description and are inclusive of VAT and duty (if applicable). All delivery charges are also displayed on this Web Site.
All Goods sold to EU countries under the amount of £135 are sold inclusive of VAT.
At any given time, despite our best efforts, a small number of the items on our site may be mispriced. We do, however, verify prices as part of our shipping procedures. If an item's correct price is lower than our stated price, we charge the lower amount and ship you the item. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
5.3 Conclusion of Contract of Sale
Any Supplies and prices of Supplies displayed on this Web Site constitute an invitation to treat. Once you go to the checkout section of this Web Site and click to purchase any Supplies, this constitutes an offer made by you to Tomee Limited. Full completion of the contract of sale will occur when the order has been delivered.
5.4 Period of Offer
Prices of any Supplies may be changed by Tomee Limited at any time before the conclusion of an agreement to sell i.e. once you receive notification from Tomee Limited of acceptance of your order.
5.5 Payment
Payment is to be made by credit or debit card and all credit and debit card information will be encrypted for security. At no time does Tomee Limited have access or see your credit card details. If you pay by Paypal, payments are made externally on Paypals own website. Once payment is complete you will be returned to 8Ball.co.uk, and will receive a confirmation email from Tomee Limited. All Paypal payments are covered under Paypal.co.uk terms and conditions.
5.6 Delivery
Delivery of any Goods will be by courier or post depending on the size and nature of the Goods to be supplied. If you order any item from Tomee Limited it is you as the customer’s responsibility to ensure that all the details you provide to Tomee Limited are correct. This includes your billing address, contact telephone numbers, email address (if applicable), and delivery address. It is not the responsibility of Tomee.co.uk to correct any delivery address’, and under The Data Protection Act we cannot amend your billing address details. We will ship goods to the address you as the customer provide us with. It is your responsibility to review all your billing address, contact telephone numbers, email address (if applicable), and delivery address) to ensure they are correct at the registration of your account, at the checkout and payment process, as well as to review all these details on your confirmation order email.
The Goods will normally be delivered within 14 days of the placement of the order. If delivery is delayed beyond 14 days, we will notify you that this is the case and you will have an option to cancel your order if the delay is unacceptable.
If any of the details on your delivery address are incorrect you can email us to advise us of any changes, but please be aware that we cannot always answer emails before your order is dispatched.
5.7 Cancellation
You can cancel your contract before delivery, and up to 7 working days after delivery. To do this, please e-mail us at orders@tomee.co.uk or write to us. We will refund your money, including the original postage charges, within 30 days.
The exception to this policy is for design your own gems which by virtue of their uniqueness are not eligible for refund.
You do not have to give any reason for cancellation. However, a brief explanation will help us to improve the service we offer to customers in the future.
If you cancel, you must return the goods to us at your own expense. You are responsible for the risk of loss or damage when you return goods, so you should take out enough postal insurance to cover their value. If you fail toreturn the goods, we will collect them, and we will charge you the direct cost of collection. If you fail to take reasonable care of the goods before they are returned to us, and this results in damage or deterioration, we will charge you for the reduction in value.
6. TERMINATION
Tomee Limited reserves the right to terminate this agreement and your access to this Web Site and the Services at any time and without notice, for any reason whatsoever. Tomee Limited also reserves the right to bar anyone from using this Web Site and the Services.
On termination, you will immediately stop using any username and password and the Services and will return any such username and password to Tomee Limited within 5 days of such termination and destroy (so that they cannot be retrieved) all records or copies you may hold of the username and password and any information about or obtained from this Web Site and the Services.
8. RETURNS
We can only accept items returned to us within 90 days from the date your order was despatched. Items that do not reach us within 90 days will not be valid for exchange or replacement. If you wish to return an item, we advise that you act immediately upon receipt by contacting us at orders@tomee.co.uk. We aim to answer all returns requests within 24 hours. We do not offer free returns (exceptions apply) so you will need to take your returned package to a Post Office or use a courier. Please exercise care when you open your package, you are able to just tear the packaging open. Returns with marks or other damages caused by you will not be accepted. Items must be returned to us in a pristine condition and you must return the goods to us at your own expense. You are responsible for the risk of loss or damage when you return goods, so you should take out enough postal insurance to cover their value. You have a duty of care for the product so please be very careful when wearing our products as we will not be able to arrange an exchange or refund for any item returned to us with any marks, blemishes or stains. Please thoroughly inspect any item you order from us on receipt as we will only accept products returned to us in their original condition unless we have been given prior notice that an item is faulty.
Please note design your own gems are not eligible for returns of refund by virtue of their uniqueness.
Your UK Statutory rights are not affected by our returns policy.
9 CONTRIBUTING CONTENT TO TOMEE.CO.UK
9.1. By sharing any contribution (including any text, photographs, graphics, video or audio) with Tomee Limited you agree to grant to the Tomee Limited, free of charge, permission to use the material in any way it wants (including modifying and adapting it for operational and editorial reasons) for Tomee Limited services in any media worldwide.
9.2. It's important to note, however, that you still own the copyright to everything you contribute to tomee.co.uk and that if your text, copy, image or photograph is accepted, we will endeavour to publish your name alongside it. Tomee Limited cannot guarantee that all text, copy, images or photographs will be used and we reserve the right to edit your comments.
9.3. Copyright in your contribution will remain with you and this permission is not exclusive, so you can continue to use the material in any way including allowing others to use it.
9.4. In order that the Tomee Limited can use your contribution, you confirm that your contribution is your own original work, is not defamatory and does not infringe any UK laws, that you have the right to giveTomee Limited permission to use it for the purposes specified above, and that you have the consent of anyone who is identifiable in your contribution or the consent of their parent / guardian if they are under 16.
9.5. We normally show your name with your contribution, unless you request otherwise, but for operational reasons this is not always possible. Tomee Limited may need to contact you for administrative or verification purposes in relation to your contribution, or in relation to particular projects.
9.6. Please do not endanger yourself or others, take any unnecessary risks or break any laws when creating content you may share with 8ball.co.uk.
9.7. If you do not want to grant Tomee Limited the permission set out above on these terms, please do not submit or share your contribution to or with 8ball.co.uk.
10. CONTACT
You may contact Tomee Limited about any problems or questions with this Web Site at orders@tomee.co.uk
11. Additional Terms for Design Your Own Gem Orders
11.1 By uploading a custom image you confirm the image you are submitting is your original work and/or you have full ownership rights and therefore you indemnifyTomee Ltd against any and all claims for copyright or trademark infringements.
11.2 You warrant that any custom image or content you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual.
11.3 You warrant that any custom image or content you submit to us is not obscene, threatening, harassing, libellous, deceptive, fraudulent, invasive of another’s privacy, offensive, defamatory of any person or illegal.
11.4 You agree not to (i) upload any image or content which is deliberately intended to upset or harm other users; (ii) use tomee.co.uk to ulpoad, post or otherwise transmit content that victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, colour, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability;
11.5 The Law of England shall apply.
12. GENERAL
These terms and conditions shall be governed by and interpreted in accordance with the laws of England and you consent to the exclusive jurisdiction of the English Courts in all disputes arising out of or relating to the use of this Web Site or the provision of Supplies byTomee Limited. This Web Site is operated and controlled by Tomee Limited from its offices in the United Kingdom. Tomee Limited makes no representation that information or material contained at its Web Site is appropriate for use in other jurisdictions. Users who access the Web Site from other jurisdictions do so at their own initiative and are responsible for compliance with any local laws.
You agree that Tomee Limited may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations under them without notice. Tomee Limited may delay enforcing its rights under these terms and conditions without losing them. If any provision of these terms and conditions is found to be unenforceable this shall not affect the validity of any other provision. Tomee Limited may amend, vary or supplement these terms and conditions at any time. Tomee Limited will post a notice of any such amendments on this Web Site and such amended terms and conditions will automatically be effective. These terms and conditions (as varied from time to time) form the entire agreement of the parties and supersede all previous agreements, understandings and representations relating to their subject matter.