Terms of Service

toeandheelGOLD Ltd
1 Adderley Terrace
Monifieth
Angus
DD5 4DQ
Scotland

Terms and Conditions of Sale

Definitions

"the Company" means toeandheelGOLD Ltd.
"Customer" means the person, firm, company or corporation who accepts quotations or on whose behalf quotations are accepted from the Company for the sale of goods, or whose order for goods is accepted by the Company.
"Goods" means any goods sold by the Company to a Customer under a contract governed by these conditions or otherwise.

1. Contract

A contract will be formed when a Customer's order has been accepted by the Company. A simple acknowledgement of order may also be issued, which shall not be deemed to be acceptance of an order unless stated otherwise. Certain security checks may also be required, in which event any sale is subject to the Company receiving satisfactory results (at its sole discretion) from such checks.

2. Prices

Prices quoted are inclusive of VAT and are subject to alteration without notice, the invoice price being that ruling at the time of despatch. Prices are exclusive of delivery to the Customer's premises. Delivery costs payable by the Customer shall be as advised during the ordering process.

3. Payment

Payment is to be made by any credit or debit card accepted by the Company. All orders are subject to authorisation of payment by the relevant card issuer prior to despatch of the Goods. The Company reserves the right to decline any order without stating a reason. Product descriptions on this website are abbreviated and correct at the time of publication. The Company reserves the right to amend descriptions without notice.

4. Delivery

The terms of delivery of the Goods are as specified in the customer service area of this website from time to time.

5. Measurements & Specifications

All orders are subject to availability. The Company reserves the right to alter product specifications without notice. Exact conformity of Goods delivered with any previously submitted samples cannot be guaranteed. Any recommendation relating to the use of a product is given in good faith, but it is for the Customer to satisfy itself as to suitability for the particular purpose intended. No liability will be accepted where Goods supplied have been altered or modified by the Customer.

6. Right to Cancel

Any Customer who is not purchasing Goods in the course of a business has the right to cancel an order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 within 14 days of the day after receipt of the Goods, without giving a reason. Written notice of cancellation must be received by the Company at the address specified during the ordering process within that period.

If you wish to return your order for any other reason, we will accept returns to our registered address within 14 days of the date you receive your package. Please note that shipping charges are non-refundable, and shipping charges will apply to all exchange orders. If a product is damaged or defective, its replacement will be despatched free of charge.

On cancellation, the Goods shall remain at the Customer's risk until restored to the Company, and the Customer is required to take reasonable care of the Goods until that time. The Company reserves the right to claim for any loss in value to the Goods due to damage while at the Customer's risk.

7. Cancellation and Delay

The Company shall have the right to cancel or reasonably delay delivery if it is prevented, hindered or delayed in manufacturing or delivering the Goods through any circumstances beyond its control, including but not limited to strikes, lockouts, accidents, war, fire, unavailability of power, breakdown of plant or machinery, or shortage of raw materials. The Company shall endeavour to notify the Customer as soon as possible should any such cancellation or delay be necessary.

8. Claims

No liability is accepted by the Company in the event of non-arrival, shortages, damage or losses in transit unless the Customer notifies the Company in writing within 7 days of the loss or damage. Where shortages or damage arise, the Customer may be required to endorse the Delivery Note accordingly. A claim will only be considered if the Goods are still available for inspection at the delivery address.

9. Risk

The Goods shall become the risk of the Customer upon delivery to the Customer or their agent, or on collection by the Customer or a carrier (except where the Company meets the cost of delivery, in which event risk passes on delivery to the Customer or their agent). Goods returned by the Customer shall remain at the Customer's risk unless returned with the Company's agreement, in which event risk passes to the Company upon receipt.

10. Termination

The Company shall have the right to immediately terminate any contract with the Customer upon occurrence of any of the following events:

If the Customer suffers any diligence to be levied on its assets which is not discharged within 14 days;
If the Customer (being an individual or member of a partnership) commits any act of bankruptcy, or compounds or makes an arrangement with its creditors;
If the Customer becomes insolvent, or is wound up either compulsorily or voluntarily, or if a receiver or administrator is appointed to any of its assets;
If the Customer fails to take delivery of any of the Goods within 14 days; or
If the Customer is in breach of any condition of this contract and fails to remedy such breach within 14 days of receiving written notice from the Company.

The Customer shall give the Company immediate notification of the occurrence of any insolvency or bankruptcy event listed above.

11. Copyright

The entire contents of this website are protected by copyright and/or other intellectual property rights. Any unauthorised use is strictly prohibited. The Customer may view, download and print information from this site solely for personal and non-commercial purposes. The information may not be modified or altered in any way. All other use, reproduction or copying, including the design and layout of this site, is prohibited without the Company's prior written consent.

12. Disclaimers

The Company assumes no responsibility for errors or omissions in information, documents, software, materials or services linked to this site which are not under the Company's control. Downloading or acquiring any materials through this site is done at the Customer's own discretion and risk. This site contains links to third-party websites not under the Company's control; access to any such website is at the Customer's own risk. The Customer agrees to indemnify and hold the Company harmless from any claim or demand, including reasonable legal fees, made by any third party arising from the Customer's use of this site. For the avoidance of doubt, the Company does not limit its liability for death or personal injury arising from its negligence or that of its employees. The Company does not guarantee continuous, uninterrupted or secure access to its site or services.

13. Severability

If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall continue in force, provided the resultant contract is capable of continuing.

14. Waiver

The Company's failure to act with respect to a breach by the Customer or others does not waive its right to act with respect to subsequent or similar breaches.

15. Data Protection

The Company processes personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. Personal data provided during the ordering process will be used to fulfil your order and, where you have given explicit consent, for marketing purposes. You may withdraw consent to marketing at any time by contacting us. For full details of how we use your data and your rights, please refer to our Privacy Policy.