TERMS AND CONDITIONS
You do not have to register to use the Website but will need to register to purchase goods via the Website. There are advantages in registering and creating an account with us. Not only will shopping be easier, but your experience with us will become more personalised over time. By creating an account, you can store credit card information for easier and faster checkout, maintain an address book, review your order history and edit billing or shipping information.
We have made every effort to display the colours and textiles of our products that appear on the Website as accurately as possible however, as computer monitors vary, we cannot guarantee that products will be exactly as depicted on the Website.
TERMS OF SALE
The information on this Website does not constitute a binding offer to sell the products described on the Website. All purchases made via the Website are subject to our Terms of Sale.
OWNERSHIP OF WEBSITE MATERIALS
YOUR USE OF THE WEBSITE
You may access, copy, download and print the Website Material for your personal and non-commercial use, provided you do not modify or delete any copyright, trade mark or other proprietary notice that appears on the Website Material. Any other use of the Website Material is strictly prohibited. You may not use the Website or the Website Material for any commercial purpose whatsoever. If you download or upload any materials from or to this Website, you do so at your own discretion and risk.
You may not use contact information provided on the Website for unauthorised purposes, including marketing. You agree not to interrupt or attempt to interrupt the operation of the Website in any way including through the use of any hardware or software intended to damage or interfere with the proper working of the Website - or to intercept any data (including personal information) transmitted via the Website.
MATERIAL YOU SUBMIT
You may not use this Website to upload to, distribute or otherwise publish any content that:
infringes any rights of third parties, including without limitation their intellectual property rights;
breaches any applicable local, national or international law or regulation;
is fraudulent, or has any fraudulent purpose or effect;
is contrary to public policy and/or accepted moral standards, including without limitation: pornographic or sexually explicit images; obscene or offensive messages; material which is defamatory or libellous of any person or which is invasive of their privacy or publicity rights; material harmful to minors;
material likely to incite crimes or offences; material promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; material promoting computer piracy or any other criminal offence; anything likely to harass, upset, embarrass or alarm another person or cause them to harm themselves; or any material likely to misrepresent your identity or impersonate another person (including by submitting material intended to give the impression that it is originated by TobyShop.com or any other person);
contains among others things and without limitation viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Website or any computer software or hardware;
acts contrary to TobyShop.com interests, in particular by modifying, damaging, or overloading the Website;
is inconsistent with reasonable use of the Website (for example by submitting the same material repeatedly); or promotes any commercial activity whatsoever, for example by sending promotional or advertising messages or spam. In the event you submit any material via the Website:
you warrant that you own or otherwise control all the rights (including all intellectual property rights) to such material, and that such material complies in all respects with these Terms and Use;
you grant TobyShop.com and its affiliates and agents a non exclusive, royalty-free, perpetual, irrevocable and fully transferable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media; and you acknowledge that we have no obligation of confidentiality in relation to any material you submit to us.
The information on this Website is provided for general information only and should not be relied upon. Save as provided in our Terms of Sale we are not responsible if information made available on this Website is not accurate, complete or current. We reserve the right to amend or correct the content on the Website at any time without prior notice or liability to you.
TobyShop.com provides you with access to the Website on the basis that, to the maximum extent permitted by law, we exclude all warranties, representations, conditions and other terms of any kind (including, without limitation, any warranty that access to the Website will be uninterrupted or error-free; that the Website will be secure; that the Website or the server that makes the Website available will be virus-free; or that information on the Website will be complete, accurate or timely.
TobyShop.com, our affiliates, and their respective officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, or loss or damages arising from or connected in any way to business interruption, loss of opportunity, loss of anticipated savings, wasted management or office time and whether in tort (including negligence), contract or otherwise, even if foreseeable) in connection with (i) this Website and the Website Material, (ii) the use, inability to use or the results of use of this Website, (iii) any websites linked to this Website or the material on such linked websites, and (iv) any information on this Website. Your sole and exclusive remedy for any of the foregoing or any dispute with TobyShop.com, our affiliates, and their respective officers, directors, employees, shareholders or agents of any of them, is to discontinue your use of the Website.
GOVERNING LAW AND JURISDICTION
If any material on this Website, or your use of the Website, is contrary to the laws of the place where you are when you access it, the Website is not intended for you, and we ask you not to use the Website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
Clause headings are for convenience only and do not affect the interpretation of these conditions.
'Cookies' are small text files that are stored by the browser (e.g. Internet Explorer or Safari) on your computer or mobile phone. They allow websites to store such things as user preferences. You can think of cookies as providing a "memory" for the website, enabling it to recognise a user and respond appropriately.
COOKIES USED ON THIS SITE
- Site based cookies
These cookies are used to track various information on the site, for example if you are logged in and what is in your basket.
- Anonymous Analytics Cookies
Every time a user visits our website, web analytics software provided by a third party generates an anonymous analytics cookie. These cookies can tell us whether or not you have visited the site before. Your browser will tell us if you have these cookies, and if you don't, we generate new ones. This allows us to track how many individual unique users we have, and how often they visit the site.
Unless you are signed in to the TobyShop.com store, these cookies cannot be used to identify individuals; they are used for statistical purposes only. If you are logged in, we will also know the details you gave to us for this, such as username and email address.
- Other third party cookies
On some pages on this site third parties may also set their own anonymous cookies, for the purposes of tracking the success of their application, or customising the application for you. Because of how cookies work, TobyShop.com cannot access these cookies, nor can the third parties access the data in cookies used by TobyShop.com.
For example, when you share an article using a social media sharing button, the social network that has created the button will record that you have done this.
TURNING COOKIES OFF
It is usually possible to stop your browser accepting cookies, or to stop it accepting cookies from a particular website. However this will stop the site from functioning correctly. All modern browsers allow the turning off of cookies and instructions to do so can be found int he help section of your relevant browser.
22 Notting Hill Gate