Terms and Conditions

The Factory Shop Limited - Online Terms & Conditions

1. Introduction

Welcome to the tofs.com website terms and conditions (“Conditions”). These Conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the Conditions set out below. To protect your own interests, please read these Conditions carefully before agreeing to them. By placing an order on this website, you agree that you: - Have read and agree to be bound by the Conditions - Consent to our use of your information in accordance with our Privacy Policy (the latest edition of which is set out on this website) - Accept the terms of our Delivery and Returns Policy and Cookie Policy (the latest editions of which are set out on this website). If you do not agree to be bound by the Conditions, Privacy Policy, Delivery and Returns Policy or Cookie Policy you may not use or access this Website. When you visit our website or send emails to us, you are communicating electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all notices, agreements, disclosures and other communications that we provide to you electronically satisfy any requirement that such communications be in writing.

2. Contract

We will treat each order for products as an offer by you to purchase the products in accordance with these Conditions. No order submitted by you is accepted by us until we confirm by email its acceptance. No contract shall exist between you and us until we confirm our acceptance of your order in this way. Please note that our acknowledgement of receipt of your order is not necessarily acceptance of your order. If we accept your order the acknowledgement of receipt will indicate this clearly. We reserve the right to place restrictions on the volume of any products ordered. All orders are subject to additional charges for picking, packing and delivery. These are calculated and displayed during the ordering process. You will be shown the final carriage charges for your destination prior to having to enter any payment details. We reserve the right to alter these displayed charges after order completion in the event of an incorrect area selection.

If you have an enquiry regarding the status of your order please contact our Customer Services team on 0344 8116 155* between:
Monday to Friday 9am - 8pm
Saturday 9am - 5.30pm
Sunday10.30am - 4.30pm
Alternatively mail us via our Contact Us Page.

* 0344 8116 155 – Calls to this number will be charged at the standard UK landline rate, subject to your provider. Calls from mobile telephones will cost significantly more, please check with your provider.

3. Description of Products

Each product purchase is sold subject to its product description which sets out additional specific conditions related to that product including, without limitation, terms and conditions concerning delivery times, warranties and guarantees. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the website as up to date as possible, the information including product descriptions appearing on this website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted in accordance with paragraph 2 above. If you require any further details regarding a product, please email our Customer Services team via ourContact Us Page, providing details of the additional information required. If you purchase products which are faulty or not as described on the website, we will deal with them in accordance with our Delivery and Returns Policy.

4. Price of Products

The price (shown inclusive of VAT at the standard rate) and availability of the products is identified on the relevant page detailing the products. We accept payment by Visa, Mastercard or PayPal.

5. Liability for Products

We will accept all liability if something we do negligently causes death or personal injury. We will also accept all liability for damage to your property caused by our negligence. Provided you are not purchasing the products for business purposes, we are also responsible for loss caused by: - the products not matching our description of them - the products not being of the quality you would expect - the products not being fit for the purpose described on the appropriate part of the website. Other than the liability we have accepted as described above and to the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with the contract for: - any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or - any loss of goodwill or reputation; or - any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these conditions or in respect of any contract. If for any reason you are unhappy with all or any of the products received, you can return any of them to us in accordance with our Delivery and Returns Policy. Nothing in these Conditions affects your statutory rights as a consumer, nor does it affect your Cancellation of Order rights set out in paragraph 2 of the Delivery and Returns Policy. For further information about your statutory rights, please contact your local authority Trading Standards Department or the Citizens’ Advice Bureau.

6. Liability for Website

While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy. The website is provided on an "as is “and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the website or any transaction that may be conducted on or through the website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or trade usage. We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.

7. Eligibility to Purchase

To be eligible to purchase goods on this Website and lawfully enter into and form contracts on this Website under English law you must:
  • be 18 years of age or over
  • register your real name, address, phone number, e-mail address and any other details requested

By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

8. Intellectual property and right to use

You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. Any infringement of our rights will result in appropriate legal action.

9. Compliance with laws

The website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the website.

10. Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

11. Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

12. Force Majeure

We shall not be liable to you or be deemed to be in breach of any contract by reason of any delay in performing or any failure to perform any of our obligations if the delay or failure was due to a cause beyond our reasonable control including act of God, flood, lightning, fire, war, insurrection, civil disturbance, import or export regulations or embargoes, strikes, lock-outs or other industrial action, transport issues, breakdown of machinery or computer systems.

13. Law

The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England. These Conditions are intended to be consistent with the Consumer Protection (Distance Selling) Regulations 2000 and the Electronic Commerce (EC Directive) Regulations 2000. Nothing in them is intended to impose on you any duty or liability additional to those specified in either of those Regulations.

Terms & Conditions for tofsclub

1. These terms and conditions, together with our Privacy Policy, are applicable across the entire tofsclub programme ("the Programme") and any participation in the Programme constitutes acceptance of them. The tofsclub account, card, coupons and other collateral, in whatever form, are issued by and remain the property of The Original Factory Shop Limited ("tofs") which may, at any time, terminate the Programme or alter or amend the conditions of operation of the Programme.

2. All members of the Programme must be resident in the UK and aged 16 years or over.

3. You can register for the Programme in any UK tofs store and online.

4. The tofsclub card ("tofs card"), in whatever form, is not transferable, cannot be copied and can only be used by the member who is named and registered for the card.

5. Members are only entitled to one tofsclub account each. tofs reserves the right to refuse, merge or close additional accounts at any time.

6. Your tofs card is personal to you. We do not issue additional tofs cards for your account, but your family and friends can of course apply for their own tofsclub accounts.

7. The Programme is only for personal and consumer use. tofs cards cannot be used for any business transaction or purpose.

8. tofs cards can only be used for purchases from UK tofs stores and for purchases made online at www.tofs.com or via mail order.

9. tofsclub accounts, cards, key fobs, coupons cannot be transferred, bought, sold or in any way traded.

10. To receive full membership benefits of the Programme, including reward coupons, members must collect their card in any of tofs stores.

11. Members must register their personal details and keep tofs informed of any changes. tofs cannot be held responsible for any loss of coupons incurred as a result of out of date details, and may cancel membership of the Programme if details are clearly no longer current.

12. If a tofscard is not used within one year of receipt, the account will be closed.

13. The safe keeping of tofs cards and coupons remains the responsibility of the tofsclub member, as do any security details relating to the account i.e. username and password. tofs cannot be held responsible for any loss arising from the member failing to ensure the security or safe-keeping of these items.

14. tofs may decline to issue, withdraw or cancel tofsclub, cards and coupons, in whatever form, and / or remove a member from the Programme at any time where there is reasonable belief of:

  • a. Any abuse or attempted abuse of the Programme;
  • b. Any breach or attempted breach of these terms and conditions and / or those relating to the optional elements of the Programme;
  • c. any behaviour relating to tofsclub or tofs that involves theft, misconduct, abusive or offensive behaviour, or supplying false or misleading information.

15. Members can choose to leave the Programme at any time. By leaving the Programme members forfeit the right to any coupons already accrued or issued.

16. Members who do not use the club for one year will be removed from the Programme and will need to apply for new membership should they wish to re-join.

17. Members may be able to acquire coupons of a close family member who has died by providing a written request, informing us of the membership details of the deceased.

18. Your privacy is very important to us. Please click here to read a copy of our Privacy Policy.

General

19. The Programme is operated by The Original Factory Shop Ltd, Orient Business Park, Billington Road, Burnley, Lancashire, BB11 5UB.

20. These terms and conditions are correct as of 1st November 2016 and shall be governed by and construed in accordance with the laws of England. Any disputes will be decided only by the English courts. tofs reserves the right to change these terms and conditions, at any time, for legal, regulatory, business or policy reasons. Members who continue to participate in the Programme following such a change will have accepted the amended terms and conditions.

21. A person who is not a party to these terms and conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any provision in these terms and conditions, but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.

22. Due to printing lead times, the terms and conditions available in stores may not reflect recent changes. The most up to date terms and conditions for the Programme can be found on this page.

Contact

For any queries regarding our service, please contact our Customer Services team on 0344 8116 155* between Monday to Friday 9am - 8pm, Saturday 9am - 5.30pm and Sunday 10.30am - 4.30pm or email us via our Contact Us Page.
You can also write to us at The Original Factory Shop, POBOX25, Melton Mowbray, Leicestershire LE13 1ZG.

This website is owned by The Factory Shop Ltd. Registered Address - Orient Business Park, Billington Road, Burnley BB11 5UB. Company Registration Number - 4176887. VAT no. 607285635

* 0344 8116 155 – Calls to this number will be charged at the standard UK landline rate, subject to your provider. Calls from mobile telephones will cost significantly more, please check with your provider.