TERMS AND CONDITIONS
TERMS OF SERVICE
This website is operated by ToshCreations. Throughout the site, the terms “we”, “us” and “our” refer to ToshCreations. ToshCreations offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
ORDERING FROM TOSHCREATIONS
You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
2.2 Our acceptance of an order takes place when we dispatch the order. We will send you a despatch confirmation by email. When we despatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.
2.3 We may refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error; or
(d) if you do not meet any eligibility criteria set out in our terms and conditions.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the UK and other copyright laws, and is the property of ToshCreations ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with ToshCreations. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with ToshCreations. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by ToshCreations. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of ToshCreations used in the site are trademarks or registered trademarks of ToshCreations
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, ToshCreations disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. ToshCreations does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. ToshCreations does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
ToshCreations shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if ToshCreations has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a ToshCreations product is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for product listed at the incorrect price. ToshCreations reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, ToshCreations shall issue a credit to your credit card account in the amount of the incorrect price.
Returns Policy & Guarantee For Non Perishable Items
We guarantee your satisfaction. All of our products come with a no-fuss guarantee.
In accordance with the Consumer Contracts Regulation, you are entitled to cancel your order at any time within 14 days of receiving your goods. This cancellation period ends on the expiry of the period of 14 working days beginning with the day after the day on which the you received the goods. If you wish to cancel an order under these terms, first contact us and then return your products unopened within 14 days of receiving your parcel. It is your responsibility as the customer to return goods (we recommend that you do so via a recorded system as we cannot be held liable for any that go missing upon return). Please note that delivery costs will not be refunded unless the product is faulty. Following receipt of the goods by ToshCreations, the full payment including standard delivery costs (not the express option) will be refunded subject to the items being in their original condition.
More info about the Consumer Contracts Regulations can be found at: http://www.legislation.gov.uk/uksi/2013/3134/contents/made
As some of our products are handmade (e.g baby clothes bouquets, sock cupcakes, flower crowns and novelty lollipops), they may vary in comparison to the image on the website – but we always attempt to create your gift as close as possible. Please note that at times, we may have to substitute items of clothing – this will always be as close to the original and to the same value or higher.
In an attempt to provide increased value to our visitors, ToshCreations may link to sites operated by third parties. However, even if the third party is affiliated with ToshCreations, ToshCreations has no control over these linked sites, all of which have separate privacy and data collection practices, independent of ToshCreations. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, ToshCreations seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).