Website Terms and Conditions

Welcome to The Original Factory Shop's website.

Access to and use of this website is subject to the following terms and conditions. By using this website you are agreeing to be bound by these terms, our Privacy Notice and our Cookies Policy.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

Last updated 15/10/2020

 

Who we are and how to contact us

This website ("our site") is owned by The Original Factory Shop Ltd ("The Original Factory Shop", "we", "our" or "us"), whose registered office is Orient Business Park, Billington Road, Burnley, Lancashire, BB11 5UB. Our company registration number is 4176887.

To contact us, please email customercare@tofs.com.

The term 'you' refers to the user or viewer of our site.

 

We may make changes to these terms

These terms may be changed or updated by The Original Factory Shop from time to time and without prior notice. Please check these terms to ensure you understand the terms that apply at that time. We will indicate at the top of these terms the date on which they were last updated and any use of our site following such a change assumes acceptance of the new terms.

 

We may suspend or withdraw our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site (including any products and promotions) for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

We may also deny access to our site where we reasonably believe (in our absolute discretion) that you are in breach of any of these terms.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and any other applicable terms and conditions, and that they comply with them.

 

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these terms.

 

Our site is only for users in the UK

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.

 

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. This material includes, but is not limited to, the design, layout, look, appearance and graphics of our site. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Use of our site does not confer any intellectual property rights to you in relation to our site, its contents or the material on it.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

Other than as permitted above, reproduction of all or any part of our site (whether by copying, transmitting, streaming, or otherwise distributing or communicating it in any media whatsoever) is prohibited except with our prior written consent.

If you print off, copy or download any part of our site in breach of these terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Unauthorised use or copying of materials from our site may give rise to a claim for damages and/or be a criminal offence.

 

Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we nor any third parties make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date or that the information and materials contained on our site are suitable for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. It shall be your own responsibility to ensure that any products, services or information available through our site  meet your specific requirements.

We do not warrant the appearance and/or colours of products shown in images on our site exactly replicate the appearance and/or colours of the physical products. All sizes and measurements are approximate, but we do try to make sure that they are as accurate as possible.

The products described are intended for domestic use only. Some products may be available in selected stores only. Styles, colours and sizes may vary by store.

All of the prices displayed on our site are in £ sterling. On occasion, the published price may be varied and the prices in our stores may differ from the prices displayed on our site. All prices shown are inclusive of VAT charged at the appropriate rate. Any omission or error in our prices may be corrected by us without liability.

 

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

 

Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

 

Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our site other than that set out above, please contact customercare@tofs.com

 

Which country's laws apply to any disputes?

Please note that these terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.