WE HATE ALL THE MUMBO JUMBO OF TERMS TOO, BUT SOMEONE SAID WE HAD TO, SO HERE GOES …
1. These conditions shall apply to all sales transactions between “TillyOak” (us) and any person placing an order with us for the supply of any goods (you).
1a. Your purchase from us indicates your willingness to abide by and accept the following rules.
2a. All prices quoted on this website are accurate at the time of publication and are quoted in pounds sterling.
2b. The price includes standard delivery to mainland UK. Alternative delivery methods and options may be available, and these alternative methods will be chargeable. These options, together with the applicable pricing, will be shown at the checkout.
2c. For international delivery charges, a quotation based on your country will be provided at the checkout area but this is merely a quotation based on prices and weights available to us at that time by Royal Mail and/or other third party couriers. If we under-charge for international delivery, we reserve the right to amend the delivery charge.
3. TRADE CUSTOMERS
3a. We offer trade/bulk discounts to qualifying entities, although TillyOak strictly prohibits the resale of our products online. Trade and bulk orders are accepted and fulfilled on the strict understanding that our products will not be resold online in any way. TillyOak is a registered trademark (UK00003505214) and as such any use of the name online will require our express permission, in writing, without such permission you are violating this agreement and trademark laws.
4. SECURE ONLINE PAYMENT
4a. All our payments are handled through secure payment processors.
5a. We accept orders and delivery to UK and international residential or business addresses.
5b. Where your order is placed and addressed using a third party parcel drop or parcel proxy service, or where a third party becomes involved in the acceptance and redistribution of your order, we will not be responsible for any lost or delayed orders if addressed to such services after providing confirmation that your order has been delivered to the address or service given on your order. If you have not received an order placed with us after 10 working days of the expected delivery date, you would be required to correspond with the third party service to ascertain where your order may be in their distribution network.
5c. We make every effort to dispatch orders within 2-3 working days after receiving your payment. The exception to this would be for items we have to make on special order, or for items that have unexpectedly went out of stock. Normally our maximum turnaround for dispatch is 3 working days and once dispatched our mail is normally delivered promptly, although Royal Mail can take longer than this and we advise allowing up to 10 working days after the expected delivery date to receive your order.
5d. Occasionally, when weather conditions are severe or bank holidays are imminent, deliveries can take a little longer. Deliveries outside UK Mainland will normally be between 7-10 working days, depending upon the destination, but we ask you allow up to 20 working days for international orders.
5e. Royal Mail, or any other courier we assign to deliver your order, will attempt delivery and if the recipient is not at home a card will be left with written instructions asking you to contact their local depot to re-arrange delivery or to collect. It is then the recipient’s responsibility to contact the courier and re-arrange delivery or collection. It is the Purchasers responsibility to ensure that a recipient or representative is present to sign for the delivery. If the delivery is returned to us, we will charge a postage fee to resend the order, and if this isn’t agreeable we will cancel the order and refund your payment LESS the cost of any postage we have already paid.
5f. TillyOak cannot be held responsible for delayed orders where these matters are outwith our control, such as bank holidays, strike actions, adverse weather conditions, or anything else which may affect the timely delivery of your order once your order has been dispatched. No liability is accepted for these delays and where an order is of particular importance to you, we would advise you contact us directly for a quote on special or guaranteed delivery services.
5g. We are unable to accept or pass on any special instructions for delivery to our mail providers, such as “if not in leave in porch” or “leave in shed” as our mail providers are required to provide us with confirmation delivery scans as they post your order through your door or for bigger orders hand them to the recipient after scanning them. If an item cannot be posted through your door and no-one is available to accept the delivery, our mail provider will leave a card and either return to attempt the delivery or instruct you to collect your order from their local depot. Orders which are not collected and returned to us unclaimed will only be re-sent once an additional postage charge is paid. If the additional postage charge is not paid or you would rather cancel the order, we will refund the order less the cost of postage we paid to ship your order.
6. YOUR RIGHT TO CANCEL
6a. You have a right to cancel your entire order, in writing, within seven days of receipt and receive a refund of all charges, less postage costs. You will then need to return the item(s) to us by post. Orders which are returned to us are returned at your own cost and we would advise that you use a tracking service for the return as we cannot accept liability should we not receive your order.
7. OUR RETURNS POLICY
7a. If you change your mind you may return your order to us within 14 days of receipt, and all items must be unopened and unused. We will be happy to offer you an exchange or a refund, less postage costs, provided that the products are returned complete, in perfect condition, unused, unopened and with the original packaging. Return of an item is at your own cost unless the item is faulty. If you wish to return an order/item for exchange, we reserve the right to apply a postal charge to cover our additional expense.
7b. Any item which has been returned and opened will not be eligible for a refund or exchange due to health, safety and hygiene reasons.
7c. Orders sent to, and received by countries which levy additional tax duties will only be eligible to receive a refund LESS the cost of postage. It is the buyers responsibility to ensure they are aware of any potential duty which will be due on receipt of their order and TillyOak cannot be held accountable for these matters as they are out with our control.
8. DAMAGED OR FAULTY GOODS
8a. If the Goods are damaged or found to be faulty, the Purchaser should contact us via this website within three days of receipt of Goods with clear details of the damage or issue. If we accept the damaged goods, we can send you a return envelope or you are free to post the damaged goods back at your own cost to which we will refund once received. Damaged goods can be exchanged or we can offer a full credit or refund.
9. PRODUCT VARIATIONS
9a. As with all handmade products, colour and texture variations occur occasionally, and naturally as part of the handmade manufacturing process and nature of the raw ingredients we use.
10. COMPLAINTS AND CUSTOMER SERVICE
10a. The Purchaser should inform us immediately of any problems using the contact us form on this website. Complaints are taken very seriously and will be looked at and responded to within 2 working days.
11a. TillyOak collects the information provided by the Purchaser at the time of ordering and uses this information lawfully and in accordance with the Data Protection Act 1998. Information is collected by us to process the Purchaser’s order and also to provide the highest level of customer service possible. At no point do we share your details unless lawfully required to do so or for legal purposes.
12. DISCLAIMER & LIMITATIONS OF LIABILITY
12a. TillyOak does not seek to exclude or limit liability for death or personal injury arising from its negligence or that of its members, agents, directors or employees or for any fraudulent misrepresentation. To the fullest extent permitted by law and save as provided above, neither TillyOak nor any associated company shall be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or in negligence (whether on the part of TillyOak or any of its members, agents, directors, employees or otherwise) for any indirect special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of this website, the supply of the products or their use or resale by you.
12b. While we use reasonable endeavours to ensure that the information on this website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and we will not be responsible for any errors or omissions or for the results arising from the use of such information. While we take all reasonable steps to ensure a fast and reliable service, it does not guarantee that your use of this website will be interruption or error free and will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
12c. Further, we will not be responsible nor liable for your use of any other websites which you may access via links within this website. We do not control these websites and cannot be responsible for their content. Any such links are provided merely as a service to users of this website and their inclusion in this website does not constitute an endorsement by or affiliation with TillyOak. The entire liability of TillyOak under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products, except as expressly provided in these conditions.
12d. TillyOak will not be liable to you or be deemed to be in breach of these terms and conditions or any other contract with you by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond its reasonable control.
12e. TillyOak may assign or transfer any of its rights or sub contract any of its obligations under these terms and conditions to any third party. You may not assign or transfer any of your rights or sub contract any of your obligations under these terms and conditions except with the specific permission in writing of TillyOak.
12f. No person who is not a party to these terms and conditions shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.
13. COPYRIGHT AND TRADEMARKS
13a. The contents of these pages (including pictures, designs, logos, photographs, text written and other materials) are the copyright trademark or registered trademark of “TillyOak” (UK00003505214) or its content and technology providers or their respective owners. ALL RIGHTS RESERVED. The copying, modification, distribution, reproduction, or incorporation into any other work of part or all of the material available on this website in any form is prohibited save that you may:
13b. Copy, print (one copy only) or download extracts of the material on this website for the sole purpose of using this website in good faith for domestic purposes or placing an order with TillyOak; and
13c. Copy print (one copy only) or download the material on this website for the purpose of sending to individual third parties for their personal information provided that you do seek no commercial advantage or benefit from so doing and you acknowledge us as the source of the material and that you inform the third party that these conditions apply to them and that they must comply with them.
13d. Under no circumstances do we allow drop-shipping of our products, anyone found to be acting in this way will be in direct violation of our trademark and as such we will firstly seek to have your material or site taken offline and secondly seek damages due to trademark infringement. Please be aware that our Copyright and Trademark rights do not infer that you have to purchase a product from us to be subject to them as they are statutory rights reserved by us.
14. LAW AND TERRITORY
14a. These Terms and Conditions and your use of our website are governed by UK Law and you agree to submit to the non-exclusive jurisdiction of the UK Court. This does not affect your non-excludable statutory rights. This website and our Terms and Conditions have been designed for use within the United Kingdom and under UK law.
15. AFFILIATE PROGRAM
15a. We do not allow affiliates to self recommend. This means if you sign up for an affiliate account and make an order yourself using your affiliate link, this will not be applied to your account (we do check!). If we consider a referral order to have came directly from the affiliate owner, we will cancel and refund the entire order and you will be removed from the affiliate program.
15b. Additionally, if for any reason an order which was generated through your affiliate link is cancelled, the applicable amount applied as commission will automatically be removed from your running total of commission. Although we understand that it is possible for customers to change their mind or decide to cancel and we allow a certain degree of flexibility in these matters, where it is apparent there are more cancellations or charge-backs than normal or viable, we may consider your affiliate account to be problematic which may result in the suspension or removal of your affiliate account. This is particularly true where your affiliate account is not generating commission, but may be attracting cancellations. Where we consider it appropriate to suspend or remove an affiliate account for any reason, we will seek to recover commission already paid for those orders which were cancelled if applicable and this will be taken from any commission generated on your account up until that point. Any balance remaining on your affiliate account will then be settled as normal.
15c. In the event where we consider fraudulent behaviour to have occurred (i.e. self purchases to generate commission, charge-backs, cancellations after receiving commission, etc) we reserve the right to raise this as a fraudulent matter with any credit reference agencies or payment processors.
15d. We will settle all affiliate accounts approximately 30 days after the sale that generated the commission and this will be paid to you through a PayPal account. Normally, we would send your payment to the email address associated with your account on our website, therefore please ensure that the email address you used to register on our site is the one attached to your PayPal account otherwise please edit your account details HERE to reflect the email address associated with your PayPal account. We do not offer payment of affiliate commission in any other way, therefore please ensure you have a valid PayPal account before requesting an affiliate account.
15d. As an accepted affiliate on our site, you will automatically have our permission to resell or promote our products online and use our trademark. If we withdraw your affiliate account, suspend it or you otherwise loose access to your affiliate account, the permission to sell or promote our products online is automatically withdrawn, as is our permission to continue using our trademarked name. When this happens you must cease the resale of our products and remove all reference to our trademarked name from your site or other promotional sources.