Terms and Conditions

About these terms and conditions

• This page tells you the terms and conditions on which we you may use our website at www.toomerbros.com, and on which we supply any of the products listed on our website.
• You should print a copy of these terms and conditions and keep them for future reference. We will file a copy of any orders placed by you. At present, these terms and conditions are only available in the English language.
• Please read these terms and conditions carefully before you place any order.

 About us

• We are Fellow Apparel Ltd., a company registered in England and Wales with company number 07056082.
• Our registered office address is at 2^nd Floor, 145-157 St. John Street, London, England, EC1V 4PY.
• Our VAT registration number is 113760537.

 Your promises to us

• You confirm that:
  • you are legally capable of entering into a binding contract in respect of the product(s) you are ordering;
  • all information and details provided to us (including on your registration and order) are true, accurate and up-to-date in all respects and at all times; and
  • you will comply with your obligations on your use of the website as set out in these terms and conditions.

 Your use of our website

• You agree that in using our website you will not:
  • use the website for any unlawful purpose;
  • use the website in any way that interrupts, damages, impairs or renders the website less efficient;
  • transfer files that contain viruses, trojans or other unlawful programs;
  • access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the website’s security measures;
  • email or otherwise disseminate any content which is defamatory, obscene or may have the effect of being harrassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, age, disability or otherwise;
  • advertise or promote third party or your own products or services including by way of the distribution of “spam” email; or
  • use the website for any purpose other than your personal use.
• We reserve the right to suspend, restrict or terminate your access to our website at any time without notice if we have reasonable grounds to believe that you have breached any of these terms and conditions. This will not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.

 Rights granted and rights reserved

• Your use of our website grants no rights to you in relation to our intellectual property rights (such as our copyright, trade marks, logos, graphics, photographs, animations, videos and text) or the intellectual property rights of any one else.
• You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the website other than for your own personal (i.e. non-commercial) use. Any other use not covered here may only be undertaken with our prior written consent.
• By submitting information (such as text, photos, graphics, videos or other content) to us via our website you grant to us a right to use those materials at our discretion, including to edit, copy, disclose and remove such materials from our website.

 Links to and from other websites

• You may establish links to this website provided that you stop providing links to the website immediately if we require you to do so.
• We may provide links to other websites from time to time but please note that we do not control those other websites, our inclusion of links does not imply any endorsement of the material on those websites and we will not be responsible for any loss or damage which you may suffer by using those websites. You agree not to involve us in any dispute between you and any other website.

 How the ordering process works

• Your order constitutes an offer to us to buy the particular product(s) you are ordering.
• All orders are subject to availability and to acceptance by us.
• We will send you an email acknowledging receipt of your order but please note that this does not constitute acceptance by us of that order.
• The contract for the purchase of the product(s) you are ordering is formed when we send you an email confirming that the product(s) has/have been dispatched.
• The contract between us will relate only to those products whose dispatch we have confirmed in the email confirming that the product(s) has/have been dispatched, so we will not be obliged to supply any other products which may have been part of your order until the dispatch of those products has been confirmed in a separate email.
• At present, our website is only intended for use by people based in the UK and the Republic of Ireland, and we cannot accept orders from individuals outside those countries.

 Prices and payment

• The price of a product will be as stated on our website at the time you place your order, except in the case of obvious errors (which we will of course try to avoid).
• If we discover an error in the price of a product you have ordered before formation of a contract between us for that product (see “How the order process works” for more on this) we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you decide to cancel, no payment will be taken from your card (or, if payment has been taken at the incorrect price, we will reimburse you as soon as we can).
• We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an email confirming that the product has been dispatched, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
• Unless stated otherwise, all prices are in Pounds Sterling (£).
• All prices include VAT.
• Prices do not include delivery charges (but we will inform you of what those delivery charges are prior to you placing your order).
• We accept payment by debit or credit card only, and payment will be debited from your account around the time of or shortly before dispatch of the product to you.
• You confirm that the debit or credit card being used is yours. Please note that all debit or credit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be responsible for any delay or non-delivery and we are not obliged to inform you of the reasons for the refusal.
• We are not responsible for your card issuer or bank charging you as a result of our processing of your debit or credit card payment in accordance with your order.

 Delivery and ownership

• We accept orders for delivery to the UK and Republic of Ireland only.
• Products will be dispatched in accordance with the delivery method you have selected from the options available on our website.
• Our delivery charges are as set out on the Postage page.
• We will endeavour to dispatch the product(s) to you as soon as possible after you place your order (normally within 14 days if the product(s) is/are in stock) and in any event within 30 days beginning on the day after you place your order, other than in the case of pre-orders, for which the dispatch date will be on or around the date set out on our website for that product.
• If we are unable to dispatch the product(s) within that time we will contact you to let you know, and will give you the right to cancel the order and to receive a full refund.
• As soon as the product(s) is/are delivered to you, you are responsible for it/them.
• Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

 Our cancellation, returns and refunds policy

Rights you have as a consumer

• As a consumer you have certain rights under the law, including:
  • that any products supplied by us will be of satisfactory quality, fit for purpose, and will conform to any description given on our website; and
  • certain remedies if a product is defective;
• Nothing in these terms is intended to limit these legal rights. If you want to know more about your legal rights, contact your local Citizens Advice Bureau or Trading Standards Office.

 Our 30 Day Cancellation Policy

• Even if the product you receive from us is not faulty, you have the right to return the product and to receive a full refund within 30 days, beginning on the day after the day on which you receive the product.
• This right is subject to all of the following conditions:
  • You must notify us in writing that you are cancelling your order no later than on the thirtieth day after the day on which you received the products. This notice in writing can be by any written means, including email, fax or letter, but it will speed up the process if you contact us by email to returns@toomerbros.com.
  • You must have taken reasonable care of the product prior to return. In particular, they must not have been damaged, washed, altered or worn excessively and any labels or tags should not have been removed.
  • You will be responsible for the cost of returning the product to us (unless it is faulty, incorrect or misdescribed – in which case, see “Return of faulty products” below).
  • You must return the product in suitable packaging to ensure it reaches us in good condition. We recommend that you insure the return shipment as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive them. In case of dispute, we also recommend you retain proof of sending.
• We will refund the purchase price and original delivery charge of any goods returned no later than 30 days from the day when you give us notice of cancellation.
• If you fail to take reasonable care of returned products, or fail to return the product to us, we will be entitled to make a claim against you for any losses which we suffer.

 Return of faulty goods

• If a product is faulty, incorrect or does not meet the description given on the website at the time you placed your order, please contact us as soon as possible on returns@toomerbros.com.
• If a product is faulty, incorrect or misdescribed we will refund the purchase price, delivery charge and any reasonable direct costs you incur in returning it to us.

 Descriptions of products on our website

• We will always endeavour to display as accurately as possible the colours of our products that appear on our website. However, the actual colours you see will depend on the screen of the device you are using to access our website, so we cannot always guarantee that your device’s display of any colour will accurately reflect the colour of the product itself.
• All sizes and measurements are approximate but we will always endeavour to ensure they are as accurate as possible.
• Unless otherwise stated, sizes indicated are UK sizes.

 Our legal obligations and how we limit our liability to you

• Nothing in these terms and conditions is to be taken as limiting our liability for death or personal injury caused by our negligence, or for fraudulent misrepresentation by us, and nothing is to be taken as limiting the legal rights you have as a consumer.
• If we breach these terms and conditions, we will only be liable to you for losses which are reasonably foreseeable as a consequence of that breach. Losses are foreseeable where they could be contemplated by both you and us at the time we enter into these terms and conditions.
• We are not responsible for:
  • losses that are not caused by our breach of these terms and conditions;
  • indirect losses, or losses that are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into this agreement (such as loss of profits, or loss of opportunity);
  • any losses you suffer as a result of any contract you enter into with a third party;
  • any losses you suffer if you are acting otherwise than as a consumer (for example, if you are acting in a business capacity); and/or
  • failure to meet any of our obligations where that failure is triggered by a cause beyond our reasonable control, including (but not limited to) fires, floods, storms, riots, civil disturbances, war, nuclear accident, terrorist activity, shipping accidents and/or piracy, or acts of God, including any of the above at any stage from when the products are manufactured to when they are delivered to you.
• Our total liability to you for any loss or damage arising in connection with these terms and conditions will be limited to the price you paid for the product (including VAT and delivery) and the cost of returning that product to us (including reasonable postage and packing charges).

Your personal data

• Please see our Privacy Policy for details of how we collect and use your personal data.

Changes to these terms and conditions

• We may change these terms and conditions from time to time.
• You will be subject to the terms and conditions in force at the time you order products from us, unless any changes to these terms and conditions are required for legal or regulatory reasons (in which case any changes may apply to orders previously placed by you).
• We will inform you if we change these terms and conditions to your detriment, and you will have an opportunity to terminate these terms and conditions without further liability to us.

Contacting each other under these terms and conditions

• If we need to provide you with any notification under these terms and conditions, we will do so by email to the address which you have given via the registration page.
• If you need to provide us with any notification under these terms and conditions, you must do so by email to info@toomerbros.com or by letter to 145-157 St. John’s Street, London, EC1V 4PY.

Transferring these terms and conditions

• We may transfer our rights under these terms and conditions or sub-contract our obligations under these terms and conditions to another organisation, and you agree that we may do so, provided that this does not adversely affect the standard or quality of products and services you are entitled to under these terms and conditions.
• If we notify you that we have transferred all of our rights and obligations under these terms and conditions to another organisation, your only rights under or in connection with these terms and conditions will be against the other organisation and not against us.
• You may not transfer your rights or obligations under these terms and conditions.

Entire agreement

• We intend to rely upon these terms and conditions as our entire agreement with you in relation to the subject matter of these terms and conditions.
• Whilst we accept responsibility for statements made by our employees, you must ask for any variations from these terms and conditions to be confirmed in writing (although this does not affect our liability in relation to fraud or fraudulent misrepresentation).

If we fail to enforce a right or remedy

• If you breach these terms and conditions and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.

If any part of these terms and conditions is found to be ineffective

• If any part of these terms and conditions is disallowed or found to be ineffective by any court of regulator or competent jurisdiction, the other provisions will continue to apply nonetheless.

Rights of other people under these terms and conditions

• These terms and conditions are not intended to give rights to anyone except you and us. This does not affect our right to transfer these terms and conditions as permitted under “Transferring these terms and conditions” above.

Disputes relating to these terms and conditions

• If you wish to bring court proceedings against us you must do so within the United Kingdom (if you live there) or the Republic of Ireland (if you live there).
• If you live in the UK, the laws of whichever part of the UK you live in (whether England, Wales, Scotland or Northern Ireland) will apply to these terms and conditions.

If you live in the Republic of Ireland, the laws of the Republic of Ireland will apply to these terms and conditions.