TERMS OF SERVICE
Please note that these terms and conditions only apply if you are buying products from us as a Consumer. Business customers are subject to different terms and conditions which can be accessed via Business Terms and Conditions.
Please read these Terms carefully before placing an order. By placing an order with us either online via our website(s) or by telephone you are deemed to have accepted the Terms and Conditions as laid out below.
1. General Terms
This website is operated by Toki Products Limited, a company registered in England and Wales under company number 10550556.
Our registered office address is at 7 George Street West, Luton, LU1 2BJ
Our trading address is at The Business Centre, Unit 1 Finway, Dallow Road, Luton, LU1 1TR
2. Contract Formation
After placing an order, you will receive an Order Acknowledgement email from us acknowledging that we have received your order. This does not mean that we have accepted your order. Your order simply constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an Order Confirmation email that confirms that your order has been received and payment has been processed.
If we are unable to supply you with any of the products on your order, for example because those products are not in stock or are no longer available, we will inform you of this by email and will cancel your order. If payment has already been taken for this order we will refund you the full amount within 7 days.
We reserve the right to reject an order at any time up to the point of despatch for any reason.
A contract will only have been created once we have received full payment and the goods forming the subject matter of the order have been despatched to you.
In the event that we have to cancel your order and refund any payment taken, the refund will be made within 7 days and using the same method as the original payment. We are not liable to cover any additional amounts (costs, consequential losses) that you may have incurred.
3. Availability and Delivery
All items and offers are subject to availability and can be withdrawn at any time. The stock availability of all products is shown on the website against each item.
We aim to ship all orders placed by midday on the same day. In the event that stock is not available we will inform you by email the same day so you can either wait or cancel the order. Some products are sent direct from our supplier’s warehouse so can take up to 48 hours to be despatched. Standard delivery time is 48 working hours from time of despatch.
Once the order has been received and payment taken we cannot amend the delivery address as we have to ship to the address specified on the original order for security reasons.
In most cases there will need to be someone available at the address to take delivery of the order. If the courier arrives and there is no one there to receive the goods, then they will leave a card for you to either rearrange the delivery or collect from the courier’s depot.
In the case of Royal Mail, they will hold an undelivered item for 2 weeks and then return it back to us. Most couriers will attempt re-delivery the following day if you have not already contacted them after which time they will return the item back to us. Upon receipt of a returned delivery we will contact you to arrange re-delivery or issue a refund as appropriate.
4. Pricing and Payment
All prices shown on the website are given in good faith and believed to be correct. All prices are subject to additional delivery charges which will be added during the checkout process. We do not charge VAT on orders as we are not registered with HMRC for VAT purposes.
Our website contains a large number of products and it is always possible that, despite our best efforts, some of the products listed may be incorrectly priced. In the event that an obvious error has been made we reserve the right to cancel your order as above.
We accept payment by Credit/Debit Card (Mastercard, Visa, Maestro, American Express), PayPal and Amazon Payments. We can also accept payment by Faster Payments Bank Transfer direct to our bank account in some cases.
Payment will be taken at the point of ordering.
In the case of Credit/Debit Card payments we do not capture or store any of your card details on our own systems. These are held securely by our payment providers on their systems.
5. Your Right to Cancel
Under the Consumer Contracts Regulations 2014 (formerly Distance Selling Regulations) you have a legal right to cancel an order at any time from the time of ordering up until 14 days following the day after you receive the delivery of all the items on your order.
If we have not yet despatched the order, we will cancel the order and refund any payment already taken in full. You will receive an Order Cancellation email once this has been completed.
If you decide to cancel the order within the 14 day period after receiving them, you must notify us using the Contact Us form on our website, stating the reason for cancellation. We will verify your request and provide you with a Return Order number. You then have a further 14 days to return the item(s) to us, at your own expense.
You must ensure that the items are returned complete in the manufacturer's original packaging with all accessories, manuals, etc. and use an appropriate delivery service for returning the item to us. You should ensure that you obtain a receipt from the delivery service provider and that the service used has sufficient insurance cover in the event that the item becomes damaged or gets lost in transit.
In some instances we may offer to pick-up the items from you or provide you with a pre-paid return label for which we may make a charge (this will be deducted from the refund amount).
We will refund only the basic delivery cost that you paid on the order. Any additional delivery costs for enhanced services will not be refunded.
We reserve the right to deduct an appropriate amount from any refund issued where the items have been used, handled more than necessary, or returned incomplete.
6. Returns and Refunds
The Consumer Rights Act 2015 (previously Sale of Goods Act) says that goods supplied must be as described, fit for purpose and of satisfactory quality. During the expected life of the product your legal rights entitle you to the following:
- up to 30 days: if the item is not as described, not fit for purpose or not of satisfactory quality, then you can get a refund.
- up to 6 months: if the item develops a fault and cannot be repaired or replaced (with same or equivalent item), then you are entitled to a refund in most cases.
- over 6 months: if the item develops a fault you may still be entitled to a repair or replacement (with same or equivalent item) or a partial refund. This will depend on the expected life of the item and the length of the manufacturer's warranty, but will only apply for a maximum of 6 years.
If you need to return an item for repair/replacement you must notify us using the Contact Us form on our website, quoting the order number, item details and information about the fault. Once we have verified your request we will either arrange for the item to be returned to ourselves for repair/replacement or provide you with contact details for the manufacturer/service agent who will be responsible for repairing the item under the terms of the manufacturer's warranty.
If you need to return an item for replacement or refund because the item is not as described then you must inform us using the Contact Us form on our website, quoting the order number, item details and the reason for wishing to return the item. Once we have verified your request we will issue a Return Order number and arrange for the item to be returned to us at our expense. Upon receipt of the item we will issue a replacement or full refund within 7 days.
If you wish to return items to us rather than use our own return service then this will be at your own expense. We may at our discretion provide you with a refund towards the cost of returning the item to us to a maximum value of £4.00. You must be able to provide us with a copy of the receipt as proof of the carriage costs paid.
7. Risk and Title
The product will be at your risk from the point of delivery.
Ownership of the product will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.
8. Our Liability
We warrant to you that any product purchased from us through our websites is of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied. This warranty does not apply to any defect in the product arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the product in a way that we do not recommend, your failure to follow instructions, or any alterations or repair you carry out without our prior written approval. The warranty provided by the manufacturer and ourselves does not cover the use of products for use in a commercial environment unless the product has been specifically designed for use in said environment. Any claims made where it is clear that such use has occurred will be rejected.
You accept that any products sold as “B-Grade”, “Ex-Display”, “Refurbished” or “Used” (meaning they may have slight cosmetic defects, be a factory refurbished item or may have previously been sent out and sent back as an unwanted item) have a maximum warranty of 90 days for “Ex-Display” and 30 days for “B-Grade”, “Refurbished” and “Used” products. These products will be clearly marked as such on the website and on despatch notes and invoices.
Our liability for losses you suffer as a result of us breaching the Contract is strictly limited to the purchase price of the product you purchased.
This does not include or limit in any way our liability:
- Death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors
- under section 2(3) of the Consumer Protection Act 1987
- for fraud or fraudulent misrepresentation
- for any deliberate breaches of these Terms by us that would entitle you to terminate the Contract between us
- for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We will not be liable for any indirect or consequential losses or for any of the following types of loss whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable:
- loss of income or revenue
- loss of business
- loss of profits or contracts
- loss of anticipated savings
- loss of data
9. Privacy and Data Protection
Except as expressly set out in these Terms and Conditions, all use of your personal information will be made in accordance with our privacy and cookies policy.
10. Force Majeure
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control.
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
- impossibility of the use of public or private telecommunications networks
- the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
11. Other Terms
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
These Terms are governed by English law. You agree to submit to the non-exclusive jurisdiction of the courts of England and Wales.