Terms and Conditions – Tooty Fruity™
Please read the following carefully. Your use of the Tooty Fruity™ web site ("Tooty-Fruity.com") and purchase of the products or services ("Products") on it means that you agree to these terms and conditions ("Terms").
Shopping with Tooty-Fruity.com
You can Order Products by phone or online - depending on the facility set up by the local Tooty Fruity Supplier.
When you place an Order for a Product in any of the ways described above ("Order") you are offering to buy it for the price stated, subject to these Terms. Orders must be received by 12 noon for next day delivery. However this is subject to delivery availability.
When you place your Order online we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your Order details.
The fact that you receive an automatic confirmation does not necessarily mean that we will be able to meet your Order. Once we have sent the confirmation email we will then check availability. If we cannot complete the order we will contact you via email or telephone within 24 hours. If the Product is available and the details of the Order are correct no further contact will be made.
The original email will be deemed as acceptance if we do not contact you within 24 hours. This will specify delivery details and confirm the price of the Products purchased. If the Product is not available we will also let you know by email.
Tooty Fruity™ may cancel any sale and not supply Products if it is reasonable to do so and may change or discontinue the availability of Products at any time at its sole discretion. No order may be cancelled in the last 24 hours prior to delivery. If an Order is cancelled prior to this, any payment made for the Products will be refunded however a £5 administration fee will be taken. This does not affect your Statutory Rights. Any changes to be made to an existing order may be put through by phoning us at Tooty Fruity™ on 0845 094 9842.
All new Orders are deemed separate and each is treated individually. All items are subject to availability.
The price for each Product is shown on Tooty Fruity™.com
We always try to make sure that the prices on Tooty Fruity™.com are accurate but errors may occur. If we discover an error in the pricing of the Products in your Order we will inform you as soon as possible using the contact details you supply us with. We will then give you the option of reconfirming your Order at the correct price or cancelling it. (If we are unable to reach you we will treat the Order as cancelled). If an Order is cancelled due to our pricing error, any payment made for the Products will be refunded in full.
You will be notified of the delivery costs automatically before you submit your credit card details, based on the delivery address you specify. For more information about our delivery charges please view our website. Prices are quoted on Tooty Fruity™.com in Great British Pound Sterling.
You must pay for your Order before it is delivered and you can do so by credit card, debit card, gift voucher or cheque.
Credit/ Debit Card
Orders may be processed online, or by telephone, using a credit or debit card (currently VISA, MasterCard, Delta and Switch/Solo). We aim to debit money from your account within one working day after receiving your Order.
To ensure that shopping online is secure, your credit/debit card details will be encrypted to minimize the possibility of someone being able to read them as they are sent over the Internet. Orders can only be placed online 30 days prior to the delivery date and no greater. To place an order for a delivery date greater than 30 days please contact us by calling 0845 094 9842.
Your credit card company may also do security checks to confirm it is you making the Order. All Order details and invoices will be sent to the billing address and not the delivery address where the named recipient of the Order differs.
In the UK, you can pay by cheque making it payable to ‘Tooty Fruity’ and remember to include postage. Please also send us a covering letter detailing your Order, cheque guarantee card number, guaranteed amount, expiry date, contact details and delivery address. These cheques will be banked within 48 hours of receipt. The monies need to have cleared our accounts before we can accept your order. In order to avoid disappointment it is recommended that cheques are received at least seven working days prior to the delivery date.
Tooty Fruity™ Gift Vouchers
Gift vouchers must be redeemed online at Tooty Fruity™.com or by phone before the expiry date specified on the vouchers and cannot be used for Orders already placed.
If the value of the Order exceeds the value of the Tooty Fruity™ gift voucher, the balance must be paid by credit or debit card. Unused balances will be held within the recipients voucher for the same period.
Vouchers have a cash redemption value of 0.002p. If you have received a promotional gift voucher from Tooty Fruity™, only one such Gift Voucher may be redeemed per purchase.
Specific Terms and Conditions apply to the sale and use of Tooty Fruity™ Gift Vouchers. Please contact us for further information.
Due to seasonal availability and demand, stock variations and fluctuations in supply price, Tooty Fruity™ reserves the right to substitute any product for a similar type or priced alternative.
Tooty Fruity™ delivers to destinations in and around Cardiff, South Wales.
You will be notified of the delivery costs automatically before you submit your credit card details.
Tooty Fruity™ has set delivery times that you may choose from. Delivery times are merely an estimate and are not guaranteed. Orders must be received by 12pm for Same Day Delivery. However this is subject to delivery availability.
Orders can only be placed online 30 days prior to the delivery date and no greater. To place an order for a delivery date greater than 30 days please contact us by calling 0845 094 9842.
We will make every effort to deliver within the time stated on Tooty Fruity™.com but we will not be liable for any loss caused to you by late delivery.
If the Products are not delivered within the estimated delivery time, which we quote, please contact us by telephone or email and we will try and ensure that you receive your Order as quickly as possible. Any re-direction costs incurred will be charged.
In circumstances where we are unable to make a delivery, we will inform you either by telephone or email to arrange another delivery time and date. In such circumstances, if another time and date is not suitable, we will offer a refund if we are unable to make a delivery.
Our delivery drivers require a signature so please specify an address where someone will be able to sign for your delivery. Incorrect or insufficient delivery details can result in late or non-delivery of orders. In such circumstances, we will try to remedy the situation as best as possible. However, there will be NO REFUNDS made in such circumstances.
Delivery will be made on the specified date and signature is compulsory.
In case of deliveries being made to Business, Hospital or Hotel addresses, we can only deliver to receptions, post rooms, or receiving bays. For security reasons, we are not allowed to deliver direct to hospital wards, business departments or hotel rooms.
Deliveries cannot be made to P.O. Box addresses.
If the recipient is not present on delivery, we will attempt to leave the order with a neighbour or according to alternative instructions that have been provided to us upon order.
In all cases, it is the SOLE responsibility of the sender to make sure that the person is available to receive the gift. There will be no refunds made in such circumstances.
This does not affect your statutory rights.
Copyright and Trade Marks
Tooty Fruity™ does not give you any right or interest in any copyright or intellectual property rights in any Product, nor the right to copy them.
The copyright in Tooty Fruity™.com and the content of all the software, web site and pages relating to the Tooty Fruity™.com web site is owned by, or licensed to Tooty Fruity™, unless otherwise specified and may not be used, copied or altered without our express consent.
Copyright extends to the design, look and feel of Tooty Fruity™.com, all photographs on it and its marketing materials.
You may use Tooty Fruity™.com for private and personal non-commercial use only - i.e. to view, copy and print portions of Tooty Fruity™.com for the sole purpose of placing Orders. The materials on Tooty Fruity™.com may not be used for any other purpose.
Tooty Fruity™, Tooty-Fruity™.com and our logos are trade names or trademarks of Tooty Fruity™ and may not be used by anyone else without our express permission. We have applied for a registered trademark in the name "Tooty Fruity™" and we are also the owners of unregistered trademark rights attached to them.
The text, design and content of this site are the copyright of Tooty Fruity™. Nothing on our site may be reproduced without obtaining written permission.
Privacy and Data Policy
Tooty Fruity™ makes a commitment to protecting your privacy and promises only to use information collected about you in accordance with the Data Protection Act 1998.
When you place an Order, we may ask you for certain information and you may submit personal data to Tooty Fruity™.com (for example your name, phone number, postal address, email address, contact and bank / credit card details).
We may also record which products you are interested in and which products you purchase as well as customer traffic patterns and site use. This information will be kept securely in accordance with our internal security policy and may be used to:
1. process your Order;
2. provide you with an up to date, efficient, and reliable service;
3. help fraud prevention i.e. we check card details with our credit agency and reserve the right to refuse Orders on that basis (your credit rating can be checked for a nominal fee with the main UK agencies Equifax and Experian);
4. open and run your account;
5. administer prize draws;
6. provide a more personal shopping experience.
By making an Order and submitting your data you agree to this use.
We may also monitor and record telephone calls for training purposes and to improve the service to you.
We will never collect sensitive information about you without your explicit consent.
If you have used the Tooty Fruity™ web site before or have Ordered Products from Tooty Fruity™ previously, it is possible that we have this information already and it is being used to contact you about offers, events, items or related activities that you may find useful. If you are an existing customer we will continue to keep you informed unless you tell us not to.
If you are a new customer we will give you the choice (for example once you have placed an Order) whether or not you want us to contact you about future offers, events and new Products or related activities that you may find useful. We will not bombard you with emails, but we'd like to keep you informed of the developments on Tooty Fruity™.com.
Tooty Fruity™ will not send you any marketing emails or pass your information on to third parties unless you give us your consent, or unless we have it already.
Where requested please therefore check the relevant box marked Cookies.
In Order to improve our service and Tooty Fruity™.com we may use a device known as a 'cookie'. Cookies are a means by which information relating to your Internet activity (such as whether you have visited Tooty Fruity™.com before) is recorded on your hard drive and used by us to improve Tooty Fruity™.com and the products and services available to you.
We believe that you will be delighted with your product and guarantee its freshness (in accordance with our delivery terms and conditions) but there may be occasions where you feel it necessary to return an item. We aim to keep the process as simple as possible and these terms do not affect your statutory rights. We will try to attend to all returns as soon as practically possible.
Products may not be returned unless there has been an error on our part or because the product is inedible.
To return a product please call 0845 094 9842 within 24 hours of delivery. Return requests made after 24 hours will not be considered. This does not affect your statutory rights.
Tooty Fruity™ Responsibilities
Tooty Fruity™ has tried to make the descriptions (including all pictures) of the Products as accurate as possible.
Tooty Fruity™ shall insure Ordered Products are at their retail value whilst being delivered to you. Please check the delivered Products as soon as possible on receipt as we will not cover any subsequent loss or destruction.
Tooty Fruity™ will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person's services.
Because of the nature of the Internet, Tooty Fruity™ provides and maintains Tooty Fruity™.com on an "as is", "as available" basis and makes no promise that use of Tooty Fruity™.com will be uninterrupted or entirely error free.
We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our website may contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use Tooty Fruity™.com in breach of these terms you will be liable to and will reimburse Tooty Fruity™ for any loss or damage caused as a result.
These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall they exclude or limit Tooty Fruity™'s liability for death or personal injury resulting from its negligence nor any fraudulent representation.
Tooty Fruity™ will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
Please read the instructions that come with your Products carefully. Tooty Fruity™ is not involved in the manufacture of skewers or packaging and will not advise on their use or operation or the manufacturer's guidelines. You are urged to use all Products safely and in accordance with the manufacturer's guidelines.
These terms do not affect your statutory rights as a consumer, which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, Tooty Fruity™ excludes liability for any loss or damage of any kind howsoever arising. This includes without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Tooty Fruity™ and Tooty Fruity™ shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
·Any incorrect or inaccurate information on Tooty Fruity™.com ·Any interruptions to or delays in updating Tooty Fruity™.com ·The infringement by any person of any Intellectual Property Rights of any third party caused by their use of Tooty Fruity™.com or any Product purchased through Tooty Fruity™.com ·Any loss or damage resulting from your use or the inability to use the Tooty Fruity™.com web site or resulting from unauthorised access to, or alteration of your transmissions or data in circumstances which are beyond our control ·Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong ·Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading Tooty Fruity™.com, or from transmissions via emails or attachments received from Tooty Fruity™ or its licensees and affiliates ·The availability, quality, content or nature of the other sites on the Internet that are owned and operated by third parties ("External Sites") to which Tooty Fruity™.com link and web sites located on or through any External Site nor for any transactions involving External Sites (including as to 'cookies', personal data, confidential information, or purchases of domain names or other services). You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links, web site or transactions ·All representations, warranties, conditions and other terms which but for this notice would have effect.
Tooty Fruity™ may change or withdraw any part of Tooty Fruity™.com, or may refuse you access to the web site at any time if we consider it necessary.
Tooty Fruity™ may also terminate this Agreement and immediately remove, cancel or suspend access to and use of Tooty Fruity™.com upon breach of any part of these Terms whatsoever.
Termination shall be without prejudice to Tooty Fruity's other rights.
Tooty Fruity™ acts as principal on its own account and not as agent for you or any other person. If Tooty Fruity™ does not enforce any provision of this agreement such will not be considered a continuing waiver.
In the event that any part of these Terms is held to be unenforceable, such part will at Tooty Fruity™'s option be construed as far as possible to reflect the parties' intentions and the remainder of the provisions will remain in full force and effect.
These Terms constitute the full agreement between you and Tooty Fruity™ and may only be amended in writing. They apply to the exclusion of all other terms or conditions of contract proposed.
Since we are principally aiming Tooty Fruity™.com at the UK market, we cannot guarantee that it accords with local laws of any other countries (though we will try to make sure it does).
Use of Tooty Fruity™ and these terms are subject to the laws of England and Wales and the jurisdiction of the English and Welsh Courts.
If you would like help when ordering, information about a Product, a request for a Product or if you would just like to provide us with feedback on our service, please email us at email@example.com.
You can also contact us:
By post at Tooty Fruity™, 1st Floor, Unit 10, Merthyr Road, Cardiff, CF14 1DG.
By telephoning 0845 094 9842 between the office hours of 9am and 5:00pm GMT – Monday to Friday.