Terms of Sale
These are the terms and conditions (the “Terms”) on which we supply products to you from the Tom Gates e-shop (the “Website”). Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide products to you, how to return products to us, what to do if there is a problem and other important information. By placing an order you agree to these Terms.
Information about us and how to contact us
1.1 The products on the Website are sold by TG Entertainment Ltd (“we”, “our”, “us”), a company registered in England and Wales. Our company registration number is SC547143 and our registered office is at Codebase Stirling, 8-10 Corn Exchange Road, Stirling, FK8 2HX. Our registered VAT number is GB322018649.
1.2 You can contact us by telephoning our customer service team (“Customer Service”) on 01473 598130* who are available to speak with you Monday to Friday (excluding Bank Holidays) from 9 am to 5pm London time, or by writing to our Customer Service, or at Tom Gates Webshop, Stanley House, West Road, Ipswich, IP3 9SX. When we use the words “writing” or “written” in these terms, this includes emails. Alternatively you can also email us at shop@TheBrilliantWorldofTomGates.com
1.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
Our contract with you
2.1 The images of the products on the Website are for illustrative purposes only. Although we have made every effort to display the colours of products accurately, we cannot guarantee that the colour of the products will be exactly as they appear on a device's display. Your product may vary slightly from those images (but will still generally correspond with those images).
2.2 You may shop with us as a registered user or as a guest. Registering avoids the need to re-type your address or delivery details at each shopping occasion with us and gives you the opportunity to register for strictly controlled communications from us. If you choose to register your details with us, you are responsible for maintaining the confidentiality of your user account password and username and you are responsible for all activities that are carried out under them. You must notify us immediately if you become aware of any unauthorised use of your account or other breach of security. There is no obligation to register with us in order to shop with us.
2.3 Our acceptance of your order will take place when we email a confirmation to you. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact our Customer Service about your order.
2.4 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because, for instance, the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, because we are unable to meet a delivery deadline you have specified or because your order does not comply with our personalisation guidelines (see further section 5 below).
2.5 The Website is solely for the promotion and sale of products in the UK, Europe, Australia and New Zealand. Unfortunately, we do not currently accept orders from, or deliver to, addresses outside of the countries listed above.
Price and payment
3.1 The price of the product (which includes VAT or other taxes, where applicable), where applicable) will be the price indicated on the order pages of the Website when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. The price will always be stated in GBP (£). Delivery charges are not included in the product price. Additional terms and conditions of your payment method provider may apply to your purchase.
3.3 We reserve the right to verify credit or debit card payments prior to acceptance. We may cancel or suspend your order if the payment method cannot be verified, is invalid, or is otherwise not acceptable. You are responsible for resolving any payment problems.
3.4 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order to request whether you want to proceed with your order at the correct price or cancel your order.
3.5 We accept payment with PayPal, Visa, MasterCard, and American Express debit and credit cards. You must pay for the products before we dispatch them.
3.6 When ordering products from us for delivery to any address outside the United Kingdom, you may have to pay import duties and taxes, which are levied once the package reaches the specified destination. You are responsible for paying all customs import duties, taxes and additional charges which may apply to your order, including any applicable currency exchange fees. If you require further information please contact your local customs office.
3.7 If you wish to make a change to the product you have ordered please contact our Customer Service. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to cancel your order (see clause 6 below).
4.1 The costs of delivery will be as displayed to you on the order page. Additional charges apply for delivery outside the UK.
4.2 We will deliver the products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
4.3 Please allow up to 5 working days (working days are classed as Monday to Friday only, excluding UK Bank Holidays and Public Holidays) for UK mainland deliveries. Please allow 10 working days for deliveries of personalised products (to all locations) and for all international deliveries. Despite our best efforts, these delivery times are estimates only. As such, they are not guaranteed delivery times and you should not entirely rely on them.
4.4 If our supply of the products is delayed by an event outside our control (including, due to Covid-19 virus) then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact our Customer Service to cancel the order and receive a refund for any products you have paid for but not received (see section 6 below).
4.5 The product/s will be your responsibility from the time we deliver the product/s to the address you gave us.
4.6 We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we will inform you and either not take payment or, where we have already done so, offer you a full refund to your original method of payment. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
5.1 Personalisation is available for certain specified products. If you have questions about personalisation, please contact our Customer Service.
5.2 If you have placed an order for personalised products, please carefully review your personalisation information before submitting your order. In particular, we recommend that you double check all spelling, names and grammar as these cannot be changed once your order has been submitted.
5.3 We reserve the right to refuse personalised orders at our discretion. If we decide to refuse a personalised order, your order will be cancelled and fully refunded.
5.4 Please note that our policy regarding cancelling or returning your order (see section 6 below) does not apply to personalised products, unless there is a manufacturing error or product defect.
Cancelling your Order and Returning Products
6.1 Subject to clause 5, you have the right to cancel your order, without giving any reason, at any time prior to us dispatching your order, and within 14 days from the day on which you or a third party indicated by you (other than the carrier) receives the good purchased. To exercise your right to cancel, you must clearly communicate to us your decision to cancel your order (e.g. a letter sent by post or e-mail). You may use the model cancellation form available here, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to tell us you want to cancel your order before the 14 days cancellation period mentioned above has expired.
6.2 If you have received your order and you wish to cancel, you should send back the products you wish to return to our return centre at the following address:
Star Editions, Stanley House
(“Returns Address”), no later than 14 days from the day on which we were informed of your decision to cancel. It will help us to process your return if you use the customer services label on the front of the delivery note and include in your package the delivery note with the returns information completed. You will have to cover the direct cost of returning the product. We will refund you the price paid for the product plus the costs of the original delivery (except where you only return some products in an order, in which case the original delivery costs will not be refunded) on receipt of the returned product, and in any event no later than 14 days from the day on which we were informed of your decision to cancel, using the same means of payment as you used for the initial transaction.
6.3 Without prejudice to your statutory rights, you may also return products beyond 14 days from the day on which you or a third party indicated by you (other than the carrier) receives the good purchased, up to 30 days, to the Returns Address listed in clause 6.2 and subject to the following conditions. For such returns, we will not refund the original delivery costs, and you will be responsible for the return delivery costs. You must pack up the product/s securely and using the customer services label on the front of the delivery note, send back to our Returns Address listed in clause 6.2, including the delivery note with the returns information completed.
6.4 In order to ensure the safe return of product/s we recommend that you obtain proof of postage from the post office and retain this proof of postage until you have received your refund.
6.5 All refunds will be made via the original payment method.
6.6 We regret that we cannot accept returns of certain products, such as products stated on the Site to be non-returnable including personalised products.
6.7 We reserve the right to refuse to refund or exchange cancelled products returned to us that are not in a resaleable condition (for example, in case the product is damaged, deteriorated and or otherwise suffered a decrease in its value) This means that you have to handle and inspect the product with due care during the 14 days cancellation period (mentioned in clause 6.1) if you wish to be refunded or to exchange cancelled products returned. You may be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
6.8 You may return to us any product (including personalised products or products otherwise excluded from the cancellation/return rights above) that is damaged, defective or where we have delivered a product to you in error. You must return the relevant product to the Returns Address listed in clause 6.2 and indicate on the delivery form or on the invoice the reason for returning the product. Once we have confirmed that a product is damaged or defective, or was delivered in error, we will refund you the price paid for the product, plus your original delivery costs (except where you are returning only some products from an order) and the cost of returning the product to us.
6.9 For additional information on returns, please contact our Customer Service.
6.10 For the avoidance of any doubt, nothing in this clause 6 limits any rights you may have under applicable consumer protection laws.
7.1 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 (in countries where it is unlawful to exclude such liability); for fraud or fraudulent misrepresentation.
7.2 You have certain rights under the law. These include that we have the right to supply the relevant products to you and that any products supplied by us will be of satisfactory quality and as described. You have certain legal remedies if we breach any of these rights. Nothing in these Terms is intended to affect these legal rights or other rights to which you may also be entitled, for example to damages or specific performance.
7.3 We are responsible to you for direct and foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for direct loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. To the extent permitted by mandatory provisions of applicable laws, we are not responsible for any loss or damage that is not foreseeable to both you and us when you agreed to these Terms. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
7.4 We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Other important terms
8.2 We may transfer our rights and obligations under these terms to a third party. You agree that we may do so provided that this does not adversely affect any standard of service or any of the products you receive under these Terms. You agree that in the case of a transfer only, after we notify you of the date on which will transfer our rights and obligations to another legal entity, your only rights under or in connection with these Terms will be against the new legal entity and not against us.
8.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
8.4 These Terms shall replace any prior agreements or arrangements which may have existed between us, provided that the information you have given us is correct. However, nothing in this clause will affect any of your legal rights or remedies (if any) in respect of any representations made to you prior to your acceptance of these Terms.
8.5 If you breach these Terms and we take no action against you, we will not be considered to have given up our rights in respect of your breach. We reserve our rights and remedies in any situation where you breach these Terms.
8.6 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
8.7 We reserve the right to make changes to these Terms, at any time, for valid reasons (such as, compliance with law and regulation requirements). If we change our Terms, the revised version will be published on the date of the review, and clearly visible, on the Website to bring your attention to the changes (at the Terms of Sale link). These Terms may be updated anytime, so you should examine them as often as possible. Any changes of these Terms are effective as of the date of publication on our Website and will apply to any new orders you place following the date of publication. This means that, even if changes are made to these Terms, you will be subject to the Terms in force at the time your order is placed.
If changes to these Terms are declared by a court of competent jurisdiction to be invalid or ineffective, the original Terms you accepted will remain in full effect.
8.8 These Terms, and any other contract made between us in the manner described above, shall be subject to and interpreted and enforced in accordance with English law and in respect of any actions or claims under these Terms you and we agree to submit to the non-exclusive jurisdiction of the English courts. This choice of law does not affect any mandatory rights you may have under your domestic law.
8.9 At present, we do not use alternative dispute resolution (ADR), including through the European Commission’s Online Dispute Resolution (ODR) platform (http://ec.europa.eu/consumers/odr )as a means of settling consumer complaints.
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
I/we [*] hereby give notice that I/we [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate