Definitions:
"Conditions" means these terms and conditions:
"Personal Information" means any personal details provided by you via the Website;
"User(s)" means (a) user(s) of the Website either collectively or individually, as the context requires;
"We/us/our" means tinklingtoadstools.co.uk and tinklingtoadstools.com
"Website" means the website located at www.tinklingtoadstools.co.uk and www.tinklingtoadstools.com or any subsequent URL which may replace it
"You/your" means you as a user of the Website
Retail Guarantee and Returns Policies - UK
The terms below offer extra rights in addition to your statutory rights which remain unaffected.
Every care has been taken to ensure that the description and specification are correctly detailed in this website. However, while the product photographs are representative images, some variations in the actual goods will occur for the reasons given below and we ask you to please bear this in mind when ordering.
Variations in ceramic ranges:
Our ceramic products are glazed and decorated by hand, and in some cases also hand-finished in the clay stage. Our production methods are by way of studio pottery principles, not mass-production and this itself can lead to beautiful variations in glaze colours and finishes. For this reason every product is unique and no two items will ever be identical. To this end, we cannot ever guarantee that colours will exactly match those represented in the photos shown, or match previously purchased goods but we believe this 'uniqueness' to be more of a positive than a negative point - every item you buy is one of a kind !
Colour variations in toadstool sets:
Your chosen colour set will include the colours shown in picture though may be any colour combination (for example Tinkling Toadstools lustre set of 3: the largest toadstool in the colour set may be either burgundy, pink or lilac with the smaller sizes being the other two colours)
Variations in other ranges:
Our other ranges include many products that are hand made and/or hand decorated. For this reason every product is unique and no two items will ever be identical. Once again, we cannot ever guarantee that colours will exactly match those represented in the photos shown, or match previously purchased goods.
We want you to be delighted with your goods. If however if you change your mind about your order or if your order arrives damaged, please refer to the relevant information below.
If your order, or part of your order arrives damaged . . .
If your order arrives damaged, please let us know by email or phone. Please state exactly what is damaged, which specific item if part of a 2 piece item or set (for example a toadstool top or stem) and where applicable, which size/colour. Your replacement will then be despatched to you free of charge.
The company will at its own cost replace goods that are defective on delivery providing we are notified within 7 days of delivery.
If you change your mind . . .
If the goods you have chosen do not meet your expectations we will be happy to make a refund.
Any goods you wish to return due to unsuitability must be in their original packaging, unused and undamaged. You are responsible for the safe keeping of goods until they are received by us. To return your goods, you will need to notify us within 7 days and return them at your expense by Recorded Delivery within 7 days from your notice.
Once we have received the goods, as long as they are undamaged, in their original packaging and in saleable condition, a refund for the cost of the goods will be made to the card used when ordering. The cost of carriage is non-refundable.
If items are damaged after purchase . . .
If items are damaged after purchase, we are not obliged to refund them. However, at our discretion replacements may be sent according to the circumstances in which the damage occurred. Nominal p&p charges will apply. Please email us if you wish to discuss any broken items, with details of the item name (colour and size if applicable) and how the damage occurred. If only one part of a set or 2-piece item is broken, please retain the unbroken parts unless we advise otherwise. We may request you to email us photos of the damaged item for our appraisal and to help us with product improvement.
Frost resistance of garden products . . .
Where specified on the individual product pages, many items for ornamental use in the garden are fired to high temperatures to render them frost-proof. In the unlikely event that you experience problems with items showing signs of damage due to extremes of temperature, and only on those items specifically described as frost-proof, we are happy to offer you a replacement and will just make a nominal charge to cover post and packaging in this instance. You may choose to store your ceramic items indoors over harsh winters to avoid any risk of frost damage.
Please email us about any frost-damaged items, with details of the item name and colour and size if applicable. We may request you to email us photos of the frost-damaged item for our appraisal and to help us with product improvement.
These conditions do not affect your statutory rights as a consumer. We strictly comply to The DTI Consumer Protection (Distance Selling) Regulations 2000.
Delivery Details and charges
Delivery details. . .
Once we have received your order, we will aim to despatch it within 5 working days.
If you need a more urgent delivery, please note your deadline when ordering, and we promise to contact you if for any reason we cannot fulfill your wishes. Alternatively you can ring us to give these details and we can confirm whether or not delivery within your specified time is possible.
Orders are normally despatched using a courier, or occasionally by registered post and your signature will be required upon delivery. If you have any special delivery requirements (for example certain days to avoid delivery, or to be signed for by a neighbour etc) please give clear details of this on your order. Please note: If you have instructed us that your parcel is to be left somewhere if you are unavailable to sign upon receipt (for example ‘leave in the garden shed, leave in the porch’ etc) we are unable to claim for undelivered goods with our signed-for courier service, therefore such instructions given by you will waive your right to claim against us for non-delivery.
If an unsuccessful attempt is made to deliver your goods, the courier will normally put a card through the delivery address letterbox, advising you where the parcel is being held for you to go and collect it or giving you an option to request re-delivery at your specified time.
If you have placed an order and need to check on it’s progress, you can contact us on 07717 137306 but please allow the stated 5 working days for us to despatch your goods before contacting us, unless it was specified as an urgent delivery.
Delivery charges. . .
We always keep delivery charges, including postage/ courier service and packaging materials and labour costs to a minimum and do not make any profit from delivery charges.
Privacy policy and Credit Card Security
Privacy
We will treat all your Personal Information as confidential. We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation.
When you shop on this Website, we will ask for Personal Information such as:
Your name
e-mail address
Billing address
Delivery address
Telephone number
Product selections
Credit card or other payment information and a password.
We confirm that any Personal Information, which you provide to us, and any User Information from which we can identify you, is held in accordance with the UK Data Protection act.
We use your information only for the following purposes:
1. For statistical purposes to improve this Website and its services to you
2. To administer this website
3. If you consent, to notify you of products or special offers that may be of interest to you, only from Tinkling Toadstools Ltd.
You agree that you do not object to us contacting you for any of the above purposes whether by e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.
Credit Card Security
We use Cardsave for our Online Credit and Debit Card Processing. All payment card information is sent to and from Cardsave and is encrypted. All credit card numbers are encrypted in the software when the order is placed using the highest form of security at 128-bit encryption. They are only decrypted after they reach our computer. They are not held in clear text on any web site. Cardsave uses a combination of techniques to ensure that transactions passed are secure and trusted.
Further terms and conditions
Liability
Tinkling Toadstools Ltd does not accept any liability for any consequential or incidental or punitive damages whatsoever arising from the use of this website or the purchase of goods or services from this website. All our goods are sold on the basis that they will not be resold, lent, hired, or otherwise supplied to another individual. We reserve the right to refuse to sell any product.
You agree to indemnify tinklingtoadstools.co.uk and tinklingtoadstools.com, and its directors and employees harmless from any claim or demand made by a third party, including any legal fees arising for a claim or demand, due or arising out of your submissions to or from the website, your use of the website, your connection to the website, or your violation of the terms and conditions of the website.
Law
The Conditions will be exclusively governed by and construed in accordance with the laws of England and Wales whose Courts will have exclusive jurisdiction in any dispute.
Our responsibilities
We will meet our responsibilities under this contract within a reasonable time unless it is impossible for us to do this because of circumstances outside of our reasonable control. In particular we will not be responsible for delays caused by our suppliers.
We will not be liable for any errors made by you, on our order form, or any damages arising out of an incorrect item being supplied to us by you.
Legal
1. Your use of this site constitutes acceptance of these Terms and Conditions as at the date of your first use of the site.
2. Tinkling Toadstools Ltd reserves the right to change these Terms and Conditions from time to time by posting changes online. Your continued use of this site after changes are posted constitutes your acceptance of this agreement as modified.
3. You agree to use this site only for lawful purposes, and in a manner which does not infringe the rights, or restrict, or inhibit the use and enjoyment of the site by any third party.
4. This site and the information, names, images, pictures, logos regarding or relating to Tinkling Toadstools Ltd are provided "as is" without any representation or endorsement made and without warranty of any kind whether express or implied. In no event will Tinkling Toadstools Ltd be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from the use or in connection with such use or loss of use of the site, whether in contract or in negligence. Whilst Tinkling Toadstools Ltd endeavours to ensure the information contained in this site is accurate, it does not warrant that it is error free.
5. Tinkling Toadstools Ltd does not warrant that the functions contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, and reliability of the materials.
6. Copyright restrictions:
Commercial use or publication of all or any item displayed is strictly prohibited without prior authorisation from Tinkling Toadstools Ltd. Nothing contained herein shall be construed as conferring any licence by Tinkling Toadstools Ltd to use any item displayed.
Documents may be copied for personal use only on the condition that copyright and source indications are also copied, no modifications are made and the document is copied entirely. However, some documents and photos have been published on this site with the permission of the relevant copyright owners (who are not Tinkling Toadstools Ltd). All rights are reserved on these documents and permission to copy them must be requested from the copyright owners (the sources are indicated within these documents/photographs).
7. This site may contain links to other sites, please be aware that Tinkling Toadstools Ltd is not responsible for the privacy practices of such other sites and takes no responsibility for their content or availability.
8. If there is any conflict between these Terms and Conditions and rules and/or specific terms of use appearing on this site relating to specific material then the latter shall prevail.
9. These terms and conditions shall be governed and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
10. If these Terms and Conditions are not accepted in full, the use of this site must be terminated immediately.
11. Privacy:
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998).
We will not email you in the future unless you have given us your consent.
The information we collect will only be used by Tinkling Toadstools Ltd. Every time we email you we will give you the chance to refuse any such emails in the future.
The type of information we will collect about you includes:
your name
address
email address
This information is collected when you enter your name, address and/or email address on the site. We will never collect sensitive information about you without your explicit consent.
We will endeavour to keep the information we hold about you up to date. You can check the information that we hold about you by emailing us at the email address provided below. If there are any inaccuracies please let us know and we will correct it promptly.
The personal information which we hold will be held securely in accordance with our internal security policy and the law.
If we intend to transfer your information outside the EEA (European Economic Area) we will always obtain your consent first.
We may use technology such as a "cookie" to monitor users of this site such as which areas of the site you use most or least often and how often you use the website. A "cookie" is a piece of data stored on the user's hard drive containing information about the user, it is not linked to any of your personal information on our site. It may be possible for you to modify your browser to prevent this happening and you may still be able to use our site.
If you have any questions, we are here to help. Please contact us at sales@tinklingtoadstools.co.uk
