Terms and Conditions:
Contract
Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
When we accept an order, a confirmation email will be sent with estimated lead-time, which is based on stock availability, estimated supplier manufacturing time and estimated delivery time of items. You are responsible for ensuring that the contents of your Order are complete and accurate. Please contact us immediately if you find any errors. TOJO Design Ltd is not responsible for “made to order items” that are ordered incorrectly.
Once your item becomes available, we will notify you once your items have been dispatched or we will contact you to arrange a delivery time.
Made to Order Goods:
Many of the items that TOJO provides are made-to-order in many different variations. Many of these products come from overseas. These items will be custom made as per your specifications at the point of purchase. All bespoke orders will need to be cancelled within 7 days from receipt of order acknowledgement. Bespoke orders after these 7 days cannot be cancelled. Examples of Made to Order (but not exclusive to) include sofas, cabinets, upholstered goods, rugs and any customers own material order items, as well as items manufactured to order - please contact us if you are unsure if this applies to your order.We ask that you check that all the details are correct before placing the order; we will assist you in doing this wherever it is possible. Please only confirm your order when you are sure that all the details are correct. Once the order has been delivered we cannot return or exchange your product unless it is damaged, faulty or a different specification to that which you ordered.
TOJO Design Limited does not accept financial liability for any loss due to late delivery.'Made to Order' items cannot be cancelled due to any delays that arise.
Price
The prices payable for goods that you order are as set out in our website. If the price for Goods you have placed an Order for is found to be incorrect we will contact you to inform you of the error at which point you will be offered the option of reconfirming your Order at the correct price or cancelling your Order for any incorrectly priced Goods with a full refund for those Goods.
Taxes
VAT is currently charged at 20%.
Product
We make every effort to ensure colours appear as realistic as possible. However due to the constraints of digital reproduction on different web browsers, we cannot guarantee exact colour depiction. Every care is taken to ensure descriptions and measurements are accurate, however variations may occur. Measurements are approximate and may vary according to the size of the item. Please contact us for fabric samples if you are unsure at the ordering process. Items made from natural materials like wood, marble and wool will always arrive unique from what is shown online due to the nature of the material. Items that are handmade will always have slight variances, which we feel makes each item special.
Product Dimensions/ Access to and within your property:
It is your responsibility to check that the products on order will fit for delivery access/ will fit in the specified area where it is being delivered to. Please ensure you check the dimensions of the furniture before ordering to ensure it passes through any doorways, passageways, stairs and awkward corners.All of our product information pages contain the dimensions of each item. Please however take into consideration that items will be boxed, and therefore will have larger dimensions. Please ensure that the delivery address you provide for us is able to successfully accept delivery of your order. If your order is not able to be successfully delivered to the address which you provided then unfortunately this is your responsibility.
Goods that are unable to be delivered as a result of problems involving access that were not noted at the time of ordering will not be refunded, nor will any delivery cost.
Our delivery service will only deliver ordered goods. It is not our responsibility to move customers existing furniture.
Cancellation
You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you place your order, providing your goods have not already been despatched. To cancel your order you must notify us by e-mail to webstore@tojodesign.com quoting your name and order reference. If the goods have been despatched then please follow our returns policy as detailed below.
If you have received the goods after you cancel your order then you must send the goods back without unpacking them to us at your own cost and risk. Once you have notified us that you are cancelling your contract, any sum debited from your credit card will be re-credited, less the delivery costs, to your account as soon as possible provided that the goods in question are returned by you and received by us in the condition they were in when sent to you.
We reserve the right to cancel the contract between us if:
We have insufficient stock to deliver the goods you have ordered
We do not deliver to your area
One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers. If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
"Made to order items" are excluded from the above condition. After "made to order items" enter the production process, they cannot be exchanged, refunded or returned for a credit note.
Delivery
Goods will need to be signed for and if there are any damages to the box, we ask that you report this to us immediately. Claims regarding shortage or damaged goods must be made at the time of delivery and noted on the delivery receipt. No claims for shortage will be accepted after the delivery.We do not offer compensation in the event of missed (by you the customer) or delayed deliveries.
Warehousing
Goods will be held free of charge for 1 week from the time that the goods are available for delivery. Storage time over and above this will be charged at the rate of £10.00 per order day.
Damaged/Faulty items
We will check all orders before they are shipped to you and we make every effort to ensure that your order is in perfect condition. We recommend that you check the quality of your products as soon as possible and if there is any noticeable damage then to please contact us on the phone number or email address provided in your order confirmation.
For all damages, we ask that you send us pictures / images of the damage within 3 days of receipt of the goods. All claims by telephone must be followed by an email containing said images.
Returns/Refunds
As per the Consumer Contracts Regulations, you have 14 days to return or exchange any item except for bespoke orders as outlined below. All returns are done so at the customers expense and it’s your responsibility to ensure that the products arrive safely and to the correct address. TOJO will aim to refund any correctly returned products within 7 days of receiving them. Correct products must be new and unused and in their original packaging. If there is any sign of usage or the product has already been opened or de-tagged then we will be unable to accept the return. We are unable to accept any item with any indication that it was used. Returns are at customers' own expenses. We advise you use an insured, signed for service.
For Point of Sale Returns at our Store, refunds are offered against a Proof of Purchase and within 28 days for unused items in their original packaging.
"Made to order items" are excluded from the above condition. After "made to order items" enter the production process, they cannot be exchanged, refunded or returned for a credit note.
All bespoke orders will need to be cancelled within 7 days from receipt of order acknowledgement. Bespoke orders after these 7 days cannot be cancelled. The products that make up Made to Order include sofas, cabinets, upholstered goods and any customers own material order items, as well as items manufactured to order, whereby you select a fabric, colour, material finish or size at point of order. - please contact us if you are unsure if this applies to your order.We ask that you check that all the details are correct before placing the order; we will assist you in doing this wherever it is possible. Please only confirm your order when you are sure that all the details are correct. Once the order has been delivered we cannot return or exchange your product unless it is damaged, faulty or a different specification to that which you ordered. Following delivery, made-to-order goods are non-returnable unless we have not supplied the correct item or specification as per the order confirmation.
Liability
If the goods we deliver are not what you ordered, are damaged or defective, or the delivery is of an incorrect quantity, we ask goods are examined as soon as possible after delivery and if possible you notify us of the problem in writing within 7 working days.
If you notify a problem to us under this condition, our obligation will be, at your option:
To make good any shortage or non-delivery
To replace or repair any goods that are damaged or defective
To refund to you the amount paid by you for the goods in question
Withdrawn / Discontinued
In the event that an item is withdrawn, discontinued or changed by the manufacturer then TOJO Design will offer an alternative or refund after informing the customer involved.
Notices
Unless otherwise expressly stated in these Terms & Conditions, all notices from you to us must be in writing and sent to us at:
TOJO Design Ltd
32 East Princes Street
Helensburgh
G84 7QA
Governing Law
The contract between us shall be governed by and interpreted in accordance with Scottish law and the Scottish courts shall have jurisdiction to resolve any disputes between us.
Entire Agreement
These Terms, together with our current website prices, Delivery and Returns Policcy, contact details and Privacy and Security policy, set out the whole of our agreement relating to the supply of the Goods to you by TOJO Design Ltd.
Terms of Service
Overview
This website is operated by TOJO Design Limited. Throughout the site, the terms “we”, “us” and “our” refer to TOJO. TOJO offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by
these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these
Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the
Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Section 1 - Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of
majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but
not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination
of your Services.
Section 2 - General Conditions
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may
be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of
connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of
the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written
permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3 - Accuracy, completeness and timeliness of information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information
only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely
sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve
the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to
monitor changes to our site.
Section 4 - Modifications to the service and prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Section 5 - Products or Services (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject
to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colours and
images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this
right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing
are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that
any errors in the Service will be corrected.
Section 6 - Accuracy of billing and account information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per
order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing
and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing
address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be
placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update
your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions
and contact you as needed.
For more detail, please review our Returns Policy.
Section 7 - Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve
of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features
and/or services shall also be subject to these Terms of Service.
Section 8 - Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection
with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any
transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 9 - User comments, feedback and other submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions,
proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without
restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no
obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous,
defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or
proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer
virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be
someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make
and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 10 - Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
Section 11 - Errors, inaccuracies and omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product
descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or
omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time
without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 12 - Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to
solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to
submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect
the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of
others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security
features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for
violating any of the prohibited uses.
Section 13 - Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the
service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind,
either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall TOJO Design Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost
revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or
otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the
service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of
the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states
or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section 14 - Indemnification
You agree to indemnify, defend and hold harmless TOJO Design Limited, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 15 - Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable
to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination
shall not affect the validity and enforceability of any other remaining provisions.
Section 16 - Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this
agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny
you access to our Services (or any part thereof).
Section 17 - Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 18 - Contact Information
TOJO Design Limited
32 East Princes Street
