|Terms and Conditions as of October 2011|
|Company Aim – Tomtom Ltd trading as Tomtom Cigars & Coffee in London|
The aim of this company through its shops in Elizabeth Street and website, www.tomtom.co.uk is to allow customers to purchase a very wide range of cigars, coffee, accessories and exclusive gifts from London’s pre-eminent specialist. Tomtom operate as an independent private limited company registered in England & Wales (Registration Number 3404280).|
We are registered under the Data Protection Act 1998 (UK). We are committed to protecting your privacy.
|1. ACCEPTANCE OF TERMS|
By placing an order with us you will be deemed to have read, understood and agreed to these Terms & Conditions. If you are unhappy with any aspect of these, then you should contact us at firstname.lastname@example.org before placing an order with us.|
A Contract between the customer and Tomtom Ltd for the sale of our products will only exist once an order has been accepted and processed (at which point the buyers credit/debit card will be charged for the value of the goods). This does not affect the customer’s statutory rights.
|2. GOVERNING LAW|
These Terms and Conditions and your use of our website are governed by English law and you agree to submit to the non-exclusive jurisdiction of the English court. This does not affect your non-excludable statutory rights.|
This website and our Terms & Conditions have been designed for use within the UK and under UK law. Whilst we are happy to consider requests for products and enquiries from outside the UK, we give no warranty, express or implied that the use of this website or the placing of any order through this website from outside the UK complies with any applicable non-UK laws or regulations. Accordingly, any products or promotions not permitted under your local law should not be purchased from our site by you.
|3. CANCELLING AN ORDER|
You may cancel your order up to the point before payment has been processed on our system.|
|4. RETURNS POLICY|
We do not offer exchange or refund on cigars.
We do not offer exchange or refund on coffee.
If you are not entirely delighted with the product that you have chosen, you may return it to us within two weeks of receipt. We will be happy to offer you exchange or, at our discretion, a refund provided that the products are returned complete, in perfect condition, unused, and with the original packaging. If we determine that a refund is in order, we will refund the cost of the returned products less the shipping and handling fees. The refund will be made in the same form as your payment. For all returns, you will be required to arrange and pay for the return of the products to us. Please contact us at email@example.com before returning any item. When returning items you are strongly recommended to obtain proof of posting. We cannot accept responsibility for parcels lost in transit. We will only refund or provide an exchange for the costs of postage where the item returned is faulty.
|5. PAYMENT AND TAXES|
We accept online payment in a secure environment by credit or debit card. We currently accept Amex, Visa, Mastercard, Maestro, Switch, and Solo. All transactions are shown in £ sterling. All prices quoted on the website are accurate at the time of publication and are quoted in pounds sterling (£) and where appropriate are inclusive of UK sales tax (VAT) at the current rate. If your order is being despatched to a destination outside the European Union (EU), then your sales tax will be deducted from the overall price. If your order is being sent to a member state of the EU then the selling price will include VAT at the current rate. Any customs or import duties levied once the package reaches your destination country are your responsibility.|
|6. EXCHANGE RATES|
Our prices are shown in UK Pounds Sterling (£). Your credit card company should automatically convert the value of your order to your local currency. To find out the current exchange rate for your currency, use the ‘Currency Converter’ on our website. The charge on your account may also vary due to the date of the actual exchange rate applied by your credit card company and any commissions they levy.|
|7. SECURITY & CONFIDENTIALITY MEASURES|
All transactions made through our website are conducted over a secure server certified for financial transactions. At no point do members of our staff have access to your card details. All personal information and credit card details are transmitted using 128-bit encryption. Click the padlock icon to view our digital certificate.|
|8. CONFORMITY OF GOODS|
We take every care to ensure that the description and specification of our products are correct at the time they were entered on our website catalogue. However, while the colour reproduction of the products is a close representation, we cannot accept responsibility for any variation in colour caused by the browser software or computer system used by you.|
|9. ADVICE |
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.|
|10. CHANGES TO WEBSITE|
Tomtom Ltd reserves the right to:|
10.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Tomtom Ltd shall not be liable to you for any such change or removal; and
10.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
|11. LINKS TO THIRD PARTY WEBSITES|
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites. |
12.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Tomtom Ltd or otherwise used by Tomtom as permitted by law.|
12.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
|13. DISCLAIMERS AND LIMITATION OF LIABILITY|
13.1 The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.|
13.2 To the extent permitted by law, Tomtom Ltd will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
13.3 Tomtom Ltd makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
13.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Tomtom Ltd for death or personal injury as a result of the negligence of Tomtom Ltd or that of its employees or agents.
You agree to indemnify and hold Tomtom and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Tomtom arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.|
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable. |
If you have any problems or queries please email us on firstname.lastname@example.org alternatively you can call us on 020 7730 1790 or fax us on 020 7730 1816 or by post at: Tomtom Cigars & Coffee, 63 Elizabeth Street, London, SW1W 9PP, UK|