Toria Tonia Limited
Online Terms and Conditions for the Supply of Goods
This contract sets out:
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law.
In this contract:
- ‘We’, ‘us’ or ‘our’ means Toria Tonia Limited; and
- ‘You’ or ‘your’ means the person using our website, www.toriatonia.com, to buy goods from us.
If you don't understand any of this contract and want to talk to us about it, please contact us by:
- email at firstname.lastname@example.org; or
- telephone 0333 043 9999.
We endeavour to respond to all enquiries within 2-3 working days.
Who are we?
Toria Tonia Limited is a company registered in England and Wales under company number: 11935000.
Our registered office is at: Unit 6 Fulcrum 2, Fareham, Hampshire, United Kingdom, PO15 7FN.
1.1 If you buy goods on our website you agree to be legally bound by this contract.
1.2 This contract is only available in English. No other languages will apply to this contract.
1.3 When buying any goods you also agree to be legally bound by:
1.3.1 our website terms and conditions which govern the use of our website;
1.3.2 extra terms which may add to, or replace some of, this contract. We will contact you to let you know if we intend to insert any extra terms by giving you one month's notice; and
1.3.3 specific terms which apply to certain goods. If you want to see these specific terms, please visit the relevant webpage for those goods and/or the returns & exchanges webpage at any time during the online checkout process.
All of the above documents form part of this contract as though they are set out in full here.
2 Information we give you
2.1 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 state that we must give you certain key information before a legally binding contract between you and us is made.
2.2 By law, the key information we give you forms part of this contract (as though it is set out in full here).
2.3 If we have to change any of the key information once a legally binding contract between you and us is made, we can only do this if you agree to that change.
3 Your privacy and personal information
4 Ordering goods from us
4.1 Below, we set out how a legally binding contract between you and us is made.
4.2 You place an order on our website by adding your desired products to the online shopping cart. Please read and check your order carefully before submitting it.
4.2.1 When you place your order at the end of the online checkout process (e.g. when you click the “Pay now” button, you will receive a confirmation email from us to acknowledge your order. This acknowledgement email does not mean that your order has been accepted by us.
4.2.2 We may contact you to say that we do not accept your order. This is typically for the following reasons:
(a) the goods are unavailable;
(b) we cannot authorise your payment;
(c) you have ordered too many goods; or
(d) there has been a mistake on the pricing or description of the goods.
4.2.3 Our acceptance of your order will only take place when we take payment from you and email you to confirm that your order has been accepted (Confirmation Email). At this point:
(a) a legally binding contract will be in place between you and us; and
(b) we will dispatch the goods to you.
5 Right to cancel this contract
5.1 You have the right to cancel this contract within 14 days.
5.2 The cancellation period will expire after 14 days from the date on which you receive the goods.
5.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email). You can use the model cancellation form set out below, but it is not obligatory.
To; Toria Tonia Limited, Unit 6 Fulcrum 2, Fareham, United Kingdom, PO15 7FN
Telephone number: 0333 043 9999
Email address: email@example.com
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
5.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
5.5 Please be aware that your right to cancel this contract does not apply if you have purchased any swimwear garments where the hygiene label(s) have been removed or tampered with.
6 Effects of cancellation
6.1 If you cancel this contract in accordance with its terms, we will reimburse to you all payments received from you including the costs that you paid for our delivery of the goods to you (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us) but subject to Clause 6.3.
6.2 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you for example where any garment has been worn, damaged, exposed to makeup, deodorant and perfume or where the hygiene label has been removed or tampered with.
6.3 Any goods returned to us must have the original labels attached as they were when the goods were sold.
6.4 We will make the reimbursement without undue delay, and not later than:
6.4.1 14 days after the day we received back from you all of the goods supplied that you wish to return and which you notified us of cancellation in respect of; or
6.4.2 (if earlier) 14 days after the day you provide evidence that you have returned all of those goods; or
6.4.3 if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
For the avoidance of doubt, if the goods that you wish to return form part of a set or a larger product, you can only return all of those goods and not part of them.
6.5 We will make the reimbursement using the same means of payment as you used for the initial transaction at the time of submitting your order, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
6.6 If you have received goods and wish to return them in accordance with the terms of this contract:
6.6.1 you shall return them to us without undue delay and in any event not later than 14 days from the day that you communicated notice to us that you wish to cancel the contract;
6.6.2 you will have to bear all costs of returning the goods; and
6.6.3 you are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods which we will assess upon receipt of those returned goods.
7.1 We use Royal Mail to deliver our goods to the UK and DPD or Royal Mail International, depending on your location, to deliver our goods Internationally. If you want to see your delivery options, visit our webpage https://toriatonia.com/pages/shipping before you place your order.
7.2 The estimated date for delivery of the goods is set out in the Confirmation Email (see clause 4.2.3).
7.3 If something happens which:
7.3.1 is outside of our control; and
7.3.2 affects the estimated date of delivery;
we will let you have a revised estimated date for delivery of the goods.
7.4 Delivery of the goods will take place when we deliver them to the address that you gave to us.
7.5 Unless you and we agree otherwise, if we cannot deliver your goods within 30 days from the date of the Confirmation Email, we will:
7.5.1 let you know;
7.5.2 cancel your order; and
7.5.3 give you a refund.
7.6 You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.
7.7 We may deliver your goods in instalments.
8.1 We accept the following credit cards and debit cards: Visa, Mastercard, American Express, Maestro, Shopify Pay, PayPal, Amazon Pay, Apple Pay and Google Pay.
8.3 All payments by credit card or debit card need to be authorised by the relevant card issuer.
8.4 If your payment is not received by us and you have already received the goods, you:
8.4.1 must pay for all of those goods within 14 days of receipt of them; or
8.4.2 must return them to us without undue delay and in any event not later than 30 days from the day that you receive them. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.
8.5 If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.
8.6 Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under clauses 5 and 6.
8.7 The price of the goods:
8.7.1 is in pounds sterling (£)(GBP);
8.7.2 includes VAT at the applicable rate; and
8.7.3 does not include the cost of delivering the goods (if you want delivery options and costs, visit our webpage https://toriatonia.com/pages/shipping before you place your order).
9 Nature of the goods
9.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods:
9.1.1 are of satisfactory quality;
9.1.2 are fit for purpose; and
9.1.3 match the description, sample or model.
9.2 We must provide you with goods that comply with your legal rights.
9.3 The packaging of the goods may be different from that shown on the site.
9.4 While we try to make sure that the colours of our goods are displayed accurately on the site, the actual colours that you see on your computer may vary depending on the monitor that you use.
9.5 Any goods sold:
9.5.1 at discount prices;
9.5.2 as remnants; or
9.5.3 as substandard;
will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
10 Faulty goods
10.1 Please refer to our returns & exchanges webpage here https://toriatonia.com/pages/returns-exchanges should you need assistance in dealing with a faulty item.
10.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
11 End of the contract
If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
12 Limit on our responsibility to you
12.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for:
12.1.1 losses that:
(a) were not foreseeable to you and us when the contract was formed; or
(b) that were not caused by any breach on our part;
12.1.2 business losses; and
12.1.3 losses to non-consumers.
13.1 We will try to resolve any disputes with you quickly and efficiently.
13.2 If you are unhappy with:
13.2.1 the goods;
13.2.2 our service to you; or
13.2.3 any other matter,
please contact us without undue delay using the contact details at the start of this contract.
13.3 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
13.3.1 let you know that we cannot settle the dispute with you; and
13.3.2 give you certain information required by law about our alternative dispute resolution provider. You may also use the online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit the website on the ‘Your Europe’ portal: https://webgate.ec.europa.eu/odr.
13.4 The courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement.
13.5 The laws of England and Wales will apply to this contract.
14 Third party rights
No one other than a party to this contract has any right to enforce any term of this contract.