Our Terms & Conditions
Our Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions ("Online Shopping Terms") on which we supply any of the products ("goods") listed on our website www.toffeesmiths.com (our "website") to you. Please read these terms and conditions carefully before ordering any goods from our site. You should understand that by ordering any of our goods, you agree to be bound by these terms and conditions.
These Online Shopping Terms and Conditions apply to all orders which you the customer place with us using the website www.toffeesmiths.com. Please read below carefully before placing your order.
By using this website you accept and agree to be bound by these Online Shopping Terms and Conditions and other policies which constitute the entire agreement between us.
When you place an order to purchase items using our website this is an offer by you to us to purchase those items. By ordering you are providing details which are true, accurate, current and complete and that the credit, debit card, Paypal or other payment platform details are correct and your own. We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm receipt of your order by sending you a confirmation email or text message.
We only sell items to adults (i.e. those aged 18 or over). If you are under 18, you may use this website only with the involvement of a parent or guardian.
Our Prices and Payment
All goods are invoiced in GBP sterling. Prices displayed on the website include Value Added Tax which will be charged at the current rate. Currently we are only able to offer deliveries within the UK.
Delivery is charged as an additional cost. Please refer to our Delivery and Returns Policy for full details.
Prices displayed on the website apply to online purchases only. They are not indicative of the price of identical items purchased in our store or by any other means. We reserve the right to update prices displayed on the website at any time.
Any promotional or discount offers we make are subject to end dates and/or specific products or services. Promotional codes are intended for us solely on the website www.toffeesmiths.com. Promotional codes have no monetary value. Expired promotional codes will not be accepted. Issuing of promotional Codes is entirely at the discretion of Toffee Smiths and may be withdrawn at any time.
Prices for our products are subject to change without notice.
We reserve the right at any time to update, amend or discontinue our products and services (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 update, amendment, price change, suspension or discontinuance of the Service.
You may pay for the items which you order online by supplying your credit/debit card details or paying by Paypal or other payment platform on the secure online ordering system. Promotional codes should be entered prior to completing your order and the payment being processed. We regret that we are unable to accept cheques, or cash as payment online. Receipt of your credit card details and debit of payments does not constitute our acceptance of your order. (Please note that we cannot guarantee the security of data when communicating with Toffee Smiths via email, social media or other messaging platform. Please do not send us payment information in any of these ways.)
Whilst we try and ensure all details, descriptions and prices on the site are correct, errors may occur from time to time. We will contact you as soon as possible if we discover an error in the price of items you have ordered. You will then have the option of either reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat your order in respect of the incorrectly priced item as cancelled.
Toffee Smiths will not retain your card or payment details. Should we need to issue a refund due to a price change or item being out of stock we will need to contact you to obtain your card details.
Whilst every effort is made to provide accurate details and ingredients of all of our products, ingredient listings may change over time.
Please note that many of products are manufactured on sites that handle nuts, milk, soya, butter, wheat, cereals, sulphites and other allergens. We cannot guarantee that products are entirely free from contamination of these and other allergens and therefore may not be suitable for anyone with an intolerance or allergy. Please ensure you read the ingredients label carefully before consumption as we cannot be liable for the allergic effect of declared ingredients. If you are unsure about any dietary information, please contact us by email and we will endeavour to help you as best we can.
Please be aware of choking hazards. We cannot accept responsibility for the suitability of products to different age groups and abilities.
We will not accept responsibility for damage to teeth or other bodily parts as a result of purchasing and consuming our products.
While Toffee Smiths endeavours to ensure that the information on the website is correct, is provided "as is", without any conditions, warranties or other terms of any kind. We have made every effort to display as accurately as possible the colours and content of our products. However, colour, size and shape of products may vary from time to time, as may the supplier. Images of the products are for illustration purposes only.
Certain products or services may be available exclusively online through the website. The material on the website may be out of date, and we make no commitment to update such material.
Our Cancellation Policy
We do hope you are happy with the order you have placed, however, if you wish to cancel your order, please contact us via email at firstname.lastname@example.org. As soon as we receive notice of cancellation of an item and providing that the cancellation is received prior to dispatch we will refund the relevant part of the purchase price for that item together with the item's normal postage charge. We cannot refund any priority, express or courier component of the postage charge once we have made such arrangements even if the items are not dispatched.
As we try to process orders as soon as possible, it may not always be possible to prevent an order from being dispatched. Orders that have been dispatched cannot be cancelled.
We reserve the right to cancel the contract (order) between us if:
- There is insufficient stock to deliver the goods you have ordered. If this is the case we will contact you to advise you of an availability date or to offer you a substitute product. We may also substitute an item of equal or greater value than the original;
- We do not deliver to your area; or
- One or more of the goods you ordered was listed at an incorrect price due to a typographical error.
- We reserve the right to refuse service to anyone for any reason at any time.
If we do cancel your order we will notify you by email and will refund any sum deducted by us as soon as possible, but in any event within 30 days of your order.
Our Deliveries and Returns
For full details on our delivery service and returns information, please see our Delivery and Returns Policy.
Our Intellectual Property
Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors.
www.toffeesmiths.com, its goods and content is protected intellectual property. You are only allowed to use content found on this Website as expressly agreed in writing by Toffee Smiths. Any reproduction or redistribution of our goods and content may result in civil and/or criminal penalties.
In addition to these intellectual property rights, the content, including but not limited to graphics, photographs, image rights or text are to the best of our knowledge accurate and complete, however we cannot promise it is error-free nor that the functions within the site i.e. html, content and functional aspects are error-free. This also relates to viruses and other harmful bodies and we recommend that you have an active, up to date and complete virus checking software system installed to protect yourself.
You may not use this website for any of the following purposes:
- Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or otherwise breaching any laws;
- Transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or codes of practice;
- Interfering with any other person’s use or enjoyment of the Website;
- Making, transmitting or storing electronic copies of materials protected by copyright or other intellectual property right without the proper permission.
You will be responsible for our losses and costs resulting from your breach of this clause.
Force Majeure Events
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations in relation to an order that is caused by events outside our reasonable control ("Force Majeure Event").
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks; and
- the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any order is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If any part of these Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
The Transfer of Rights and Obligations
The contract between you and us is binding on you and us and on our respective successors and assignees.
You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
The Governing Law
These On-line Shopping Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the non-exclusive jurisdiction of the English courts, as do we.
The Entire Agreement