Terms and Conditions
These terms and conditions apply to all orders placed via the www.TomDickandHarry.co.uk website. Please ensure you have read, understood and agree to these terms before placing your order.Format of the Contract
Description and price of goods
- These terms of sale apply to all goods supplied by Pure E-tail Ltd trading as www.TomDickandHarry.co.uk, registered offices 144 High Street, Epping, Essex, CM16 9BP
- Acknowledgement of your order will be sent to you by e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until you receive your invoice. It is at this point a binding legal contract is created that is subject to these Terms and Conditions.
- The contract is subject to your right of cancellation (see below).
- Pure E-tail Ltd may change these terms of sale without notice to you in relation to future sales.
- The description and price of the goods you order will be as shown on the www.TomDickandHarry.co.uk website at the time you place your order.
- The goods are subject to availability. If on receipt of your order the goods you have ordered are not in stock, Pure E-tail Ltd will inform you as soon as possible and refund or re-credit you for any sum paid by you or debited from your credit card for the goods.
- Every effort is made to ensure that prices shown on the website are accurate at the time you place your order. If an error is found, Pure E-tail Ltd will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling the order. If Pure E-tail Ltd doesn't receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14 day period, Pure E-tail Ltd will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
- In addition to the price, you may be required to pay a delivery charge for the goods.
- Payment for the goods and delivery charges can be made by any method shown on our website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle Pure E-tail Ltd to terminate the contract immediately.
- There will be no delivery until cleared funds are received.
- The goods you order will be delivered to the address you give when you place your order.
- If delivery cannot be made to your address for reasons under Pure E-tail Ltd's control, Pure E-tail Ltd will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for delivery.
- If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of Pure E-tail Ltd) then without prejudice to any other right or remedy available to Pure E-tail Ltd, we may:store the goods until actual delivery and charge you for reasonable costs of storageOR
sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
- If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations, Pure E-tail Ltd shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to Pure E-tail Ltd. Should you fail to return the goods, Pure E-tail Ltd reserves the right to deduct any direct costs incurred by Pure E-tail Ltd in retrieving the goods as a result of such failure.
- Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, Pure E-tail Ltd will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, Pure E-tail Ltd will inform you as soon as possible.
- Upon receipt of your order you may be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your parcel at the point of delivery then please sign for it as 'UNCHECKED'. Failure to do so may affect any claims that you make thereafter.
Your right of cancellation
- The goods are at your risk from the time of delivery.
- Ownership of the goods shall not pass to you until Pure E-tail Ltd has received in full, in cleared funds, all sums due to it in respect of:
- the goods
- all other sums which are or which become due to Pure E-tail Ltd from you
- Pure E-tail Ltd shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from Pure E-tail Ltd.
- You have the right to cancel the contract at any time up to 7 days after you receive the goods.
- To exercise your right of cancellation, you must give notice to Pure E-tail Ltd by post, telephone or email giving details of the goods ordered. A returns form may be downloaded for this purpose.
- The goods must be returned to the address shown on the 'Returns' section of the delivery note supplied with the goods. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit.
- Subject to clause 6 below, following receipt of the returned goods, Pure E-tail Ltd will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
- Except in the case of faulty or misdescribed goods, if you do not return the goods as required, Pure E-tail Ltd may charge you a sum not exceeding the direct costs of recovering the goods.
- You do not have the right to cancel the contract if the goods are returned in a soiled condition (except where a fault has become apparent through wear or washing).
- Pure E-tail Ltd will take all reasonable precautions to keep the details of your order and payment secure but unless Pure E-tail Ltd is negligent, Pure E-tail Ltd will not be liable for unauthorised access to information supplied by you.
- Product images are for illustrative purposes only and may differ from the actual product.
These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract, save that consumers resident in Scotland shall have the right to insist upon these terms being construed in accordance with the laws of Scotland and to submit to the jurisdiction of Scottish courts.