Terms & Conditions
The legal stuff
This website is managed by Toxic Fox Limited. These Terms and Conditions (the “Terms”) apply to the entire contents of this website (the “Website”) and to any correspondence by email between Toxic Fox Limited (the “Company”) and you.
Your use of the Website indicates your unconditional agreement that you accept the Terms in effect at the time of usage regardless of whether or not you choose to register with us or order from the Website. If you do not accept the Terms, you should not use the Website.
The ToxicFox website is operated by Toxic Fox Limited, a company registered in England and Wales.
Our US Headquarters are located at Rockefeller Centre, 7th Floor, 1230 Avenue of the Americas, NY 10020
Our Group registered office is at 3rd Floor Broadstone Mill, Broadstone Road, Reddish, Stockport, England SK5 7DL.
Telephone number: 0044 844 544 4901
Email Address: services@toxicfox.com
Company registration number: 7121655
UK VAT registration number: 100 9665 34
Data Protection number: Z2368977
Any reference in these terms and conditions to “we” or “us” refers to Toxic Fox Limited trading as ToxicFox.com.
Introduction
You will be able to access most areas of this Website without registering your
details with us. Certain areas of this Website are only open to you if you
register.
We may revise these terms and conditions at any time by updating this posting. You
should check this Website from time to time to review the then current terms and
conditions, because they are binding on you. Certain provisions of these terms and
conditions may be superseded by expressly designated legal notices or terms located on
particular pages of this Website. If you do not wish to accept any new terms and
conditions after we have given notice, you should not continue to use this Website.
Basically,
By using ToxicFox you agree to all the terms below.
Ordering from us
You are deemed to place an order with us by ordering via our online checkout
process. We will send you an order acknowledgement by email, detailing the products you
have ordered.
Our acceptance of an order takes place when we despatch the order. When we despatch the
order the purchase contract will be made even if your payment has been processed
immediately, unless we have notified you that we do not accept your order or you have
cancelled your order.
We may refuse to accept an order:
(a) Where goods are not available
(b) Where we cannot obtain authorisation for your payment
(c) If there has been a pricing or product description error
(d) If you do not meet any eligibility criteria set out in our terms and conditions
(e) If the order is to be delivered outside of the United Kingdom.
(f) If your order for personalised products contains content which is threatening,
defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to
incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous,
in breach of confidence, in breach of privacy or which may cause annoyance or
inconvenience.
(g) If we believe your order is for commercial or other non-domestic concerns.
We cannot sell alcoholic products to anyone under 18. For this reason, we may refuse an
order or refuse to make a delivery at our discretion. By placing an order you confirm
that both you and the person the order is to be delivered to, are aged 18 years or
over.
Basically,
We provide an online store from which you can place orders with us via the website and
although it would be very, very unlikely we may with reason refuse to accept your
order.
Pricing
All prices include VAT (where applicable) at the current rates. We reserve the right
to express the price exclusive of VAT, but we shall show VAT separately and include it
in the total price.
Where we charge separately for packing, carriage and insurance and other relevant
charges, the appropriate rates are set out in our specified pricing structure shown
elsewhere on this Website.
From time to time we will review our pricing structure.
Basically,
All prices on site include UK VAT, in addition to this orders may be subject to postage
costs.
Delivery
We will deliver the Products ordered by you to the address which you provide when you place your order. If any of the details you have given us in your delivery address are incorrect, we are not liable for any items which have not been received.
The majority of our products are despatched on a 1st Class Royal Mail service (this is a non tracked service which we provide as we want to keep down the cost of your order. If you would like a tracked delivery this can only be arranged at the sole discretion of the company and via a telephone order). If you have not received your items after 15 working days from the date of dispatch, you must check with your local sorting office even if you have not received notification from your postman that they are holding items for you. At that point we will always offer a free replacement or a complete refund.
We do accept orders from outside of the US and Canada, except at the discretion of the
company.
Dispatch times are product dependant, with each product page identifying the average
time to dispatch. Our normal working hours are Monday to Friday 9am - 5.30pm. We only
dispatch orders during these times. All delivery and dispatch timescales quoted on the
website do not include weekends and have been included as indicative timescales, actual
timescales may differ due to events and conditions outside the control of ToxicFox.
Whilst we make every effort to deliver goods as quickly as possible, we cannot
guarantee delivery on a specific date unless the item has been upgraded to a guarantee
tracked delivery service. We cannot accept liability for deliveries made outside this
timescale. This also applies to products sent direct from our manufacturers. We cannot
accept liability for out of pocket expenses or other costs incurred due to failed or
delayed deliveries
If you do not receive Products ordered by you within 28 days of the date on which you
ordered them, we shall have no liability to you unless you notify us by email at
services@toxicfox.com of the problem
within 28 days of the date on which you ordered the Products.
In the event that we reproduce an item for you and subsequently the original is
returned as undelivered by Royal Mail, we reserve the right to charge an administrative
fee up to 100% of the sales price of the reproduced product.
We reserve the right to request customer wait up to 15 working days from the date of
despatch before replacing an undelivered item. Once again this is because we do not
provide the delivery service therefore the responsibility of the order transfers to the
courier or supply partner transporting your item.
Basically,
We will deliver your order to the exact delivery address as you specify. Dispatch and
delivery times are product dependant; because of this sometimes orders may be
dispatched separately and on different delivery propositions.
If your order has not arrived 15 days after dispatch, you may be entitled to a
replacement or refund.
Express Delivery
Express delivery is available Monday to Friday, except bank holidays for products
where stated.
(a) From Monday to Friday, orders must be placed by the specified cut off period to
ensure delivery the next day.
(b) Orders placed on a Friday before the specified last order time will be delivered on
the following Monday.
(c) Orders placed on a Saturday/Sunday will be delivered on the following Tuesday.
(d) Unfortunately we cannot deliver on a bank holiday. In this instance please expect
your delivery on the next working day.
(e)Our carriers will normally deliver your parcel between 9am and 5pm but certain
carriers may deliver later; unfortunately we cannot give you a more specific delivery
time than this.
(f) A signature may be required on receipt.
(g) If you are not around to accept your parcel, the carrier may leave it with a
neighbour, or in a safe place, if they think it is safe to do so. A calling card will
be posted through your door to let you know this has been done.
(h) If the parcel can't be left in a safe place or with a neighbour, the carrier will
take it back to the local depot, and leave you a card telling you how you can pick it
up.
Next Day Delivery to Northern Ireland, Overseas UK addresses and Northern Scotland may
take up to 48 hours.
Basically,
Express delivery is available at our discretion, next day delivery only applies to
working days (Monday – Friday, excluding bank holidays).
Order Cancellations
For most items, you have the legal right to cancel your order within 7 days of receiving the goods. However a ‘cooling off’ period does not apply:
- if the item is personalised or made to order
- if the item is perishable, e.g. food or flowers
- for newspapers or magazines
- where the security seal has been broken on a CD, DVD or computer software
As our clothing items are made to order no refunds or exchanges can be granted should the customer request an incorrect size at time of order. Your statutory rights are not affected.
Basically,
You have the right to cancel your order within 7 days of it being received, however
this does not cover personalised or perishable goods.
Returns and exchange
Your rights to return the goods to us will not apply in the following circumstances:
(a) Any products that we have made, personalised or customised specifically for you
(for the avoidance of doubt this includes all clothing items as these are made to
order).
(b) Where, in our opinion, you have not taken reasonable care of goods whilst in your
possession and have not been returned with the original packaging.
(c) If you have made a spelling mistake on your order and it has been sent for
production.
(d) If you have selected an incorrect size.
(e) No goods are sold to the customer on a sale or return basis. The customer has no
right to reject or return the goods without the consent of ToxicFox. If you return an
item to ToxicFox without our consent it is still your responsibility.
If you return an item because of an error on our part, or because it is defective, we
will happily refund the full value of the item and your costs in returning it to
us.
The item(s) must be returned in the condition in which you received it within 30 days
of delivery. By the very individual nature of personalised products, they cannot be
re-sold, and therefore we cannot accept returns if you have a change of mind.
We regret that postage and packing costs for unwanted items cannot be refunded after 7
working days from when the order was delivered.
Please note:
- You have a duty to return the item to us and the cost of doing so is your responsibility, except if the item is faulty or does not comply with the contract.
- The parcel can take up to 7 working days to be returned to our Warehouse, unless sent via special delivery.
Basically,
If any of the noted points are met you are not entitled to return or exchange an item,
this again mainly applies to personalised and perishable goods.
Discounts
If a discount was applied to your original order, the amount refunded will be
adjusted to allow for the revised order value and appropriate discount level. We will
not honour any discount codes if they have not been applied before your order has been
placed and confirmed.
This returns policy does not affect your statutory rights.
The address for returns can be found on your item's shipping label.
Basically,
From time to time there may be discount codes available, use them!
Licence
You may retrieve and display the content of the Website on a computer screen, store
such content in electronic form on disk (but not any server or other storage device
connected to a network) or print one copy of such content for your own personal, non-
commercial use, provided you keep intact all and any copyright and proprietary notices.
You may not otherwise reproduce, modify, copy or distribute or use for commercial
purposes any of the materials or content on the Website without written permission from
us.
Unless otherwise stated, the copyright and other intellectual property rights in all
material on this Website (including without limitation photographs and graphical
images) are owned by us or our licensors. For the purposes of these terms and
conditions, any use of extracts from this Website other than in accordance with the
clause above for any purpose is prohibited. If you breach any of the terms in these
terms and conditions, your permission to use this Website automatically terminates and
you must immediately destroy any downloaded or printed extracts from this Website.
No part of this Website may be reproduced or stored in any other website or included in
any public or private electronic retrieval system or service without our prior written
permission.
Any rights not expressly granted in these Terms are reserved for the sole and exclusive
benefit of the Company.
Basically,
All content on our website is our property provided to you for personal use only.
Please respect our licenses, trademarks and brands.
Service Access
Access to and use of the Website shall be provided by us in accordance with the
Terms.
While we endeavour to ensure that this Website is normally available 24 hours a day, we
will not be liable if for any reason this Website is unavailable at any time or for any
period.
Access to this Website may be suspended temporarily and without notice in the case of
system failure, maintenance or repair or for reasons beyond our control.
Basically,
The website should never be unavailable but if for whatever reason something goes
wrong, we’ll work day and night to rectify any issues.
Visitor Material and Conduct
Other than personally identifiable information, which is covered under the Privacy Policy any material
you transmit or post to this Website will be considered non-confidential and
non-proprietary. We will have no obligations with respect to such material. We and our
nominees will be free to copy, disclose, distribute, incorporate and otherwise use such
material and all data, images, sounds, text and other things embodied therein for any
and all commercial or non-commercial purposes.
You are prohibited from posting or transmitting to or from this Website any
material:
(a) - that is threatening, defamatory, obscene, indecent, seditious, offensive,
pornographic, abusive, liable to incite racial hatred, discriminatory, menacing,
scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or
which may cause annoyance or inconvenience
(b) - for which you have not obtained all necessary licences and/or approvals
(c) - which constitutes or encourages conduct that would be considered a criminal
offence, give rise to civil liability, or otherwise be contrary to the law of or
infringe the rights of any third party, in the UK or any other country in the world
or
(d) - which is technically harmful (including, without limitation, computer viruses,
logic bombs, Trojan horses, worms, harmful components, corrupted data or other
malicious software or harmful data).
You may not misuse the Website (including, without limitation, by hacking).
We will fully co-operate with any law enforcement authorities or court order requesting
or directing us to disclose the identity or locate anyone posting any material in
breach of the clauses of above.
Basically,
Please be respectful when using the site and be aware that any information (outside of
our Privacy
Policy) you do share with us may be made available within the public domain.
Links to and from other websites
Links to third party websites on this Website are provided solely for your
convenience. If you use these links, you leave this Website. We have not reviewed all
of these third party websites and do not control and are not responsible for these
websites or their content or availability. We therefore do not endorse or make any
representations about them, or any material found there, or any results that may be
obtained from using them. If you decide to access any of the third party websites
linked to this Website, you do so entirely at your own risk.
If you would like to link to this Website, you may only do so on the basis that you
link to, but do not replicate, the home page of this Website, and subject to the
following conditions:
(a) - you do not remove, distort or otherwise alter the size or appearance of
www.toxicfox.com
(b) - you do not create a frame or any other browser or border environment around this
Website
(c) - you do not in any way imply that we are endorsing any products or services other
than our own
(d) - you do not misrepresent your relationship with us nor present any other false
information about us
(e) - you do not otherwise use any trademarks displayed on this Website without our
express written permission
(f) - you do not link from a website that is not owned by you and
(g) - your website does not contain content that is distasteful, offensive or
controversial, infringes any intellectual property rights or other rights of any other
person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause at any time
and to take any action we deem appropriate.
You shall fully indemnify us for any loss or damage we or any of our group companies
may suffer or incur as a result of your breach of any clause.
Basically,
Feel free to link to us but please do so in good faith and do not try to recreate,
replicate or change anything.
Registration
Each registration is for a single user only. We do not permit you to share your user
name and password with any other person nor with multiple users on a network.
Responsibility for the security of any passwords issued rests with you and if you know
or suspect that someone else knows your password, you should contact us
immediately.
We may suspend or cancel your registration immediately at our reasonable discretion or
if you breach any of your obligations under these terms and conditions.
Basically,
We recommend registering with us (It’s worth doing so!) but please don’t
share your account details with anyone else.
Disclaimer
While we endeavour to ensure that the information on this Website is correct, we do
not warrant the accuracy and completeness of the material on this Website. We may make
changes to the material on this Website, or to the products and prices described in it,
at any time without notice. The material on this Website may be out of date, and we
make no commitment to update such material.
The material on this Website is provided "as is" without any conditions,
warranties or other terms of any kind. Accordingly, to the maximum extent permitted by
law, we provide you with this Website on the basis that we exclude all representations,
warranties, conditions and other terms (including, without limitation, the conditions
implied by law of satisfactory quality, fitness for purpose and the use of reasonable
care and skill) which but for these terms and conditions might have effect in relation
to this Website.
Basically,
The website is provided ‘as is’. We work hard to keep the website
constantly updated but from time to time things can become outdated – we are not
responsible.
Liability
We, any other party (whether or not involved in creating, producing, maintaining or
delivering this Website), and any of our group companies and the 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 without limitation, any direct, indirect, punitive or
consequential loss or damages, or any loss of income, profits, goodwill, data,
contracts, use of money, or loss or damages arising from or connected in any way to
business interruption, and whether in tort (including without limitation negligence),
contract or otherwise) in connection with this Website in any way or in connection with
the use, inability to use or the results of use of this Website, any websites linked to
this Website or the material on such websites, including but not limited to loss or
damage due to viruses that may infect your computer equipment, software, data or other
property on account of your access to, use of, or browsing this Website or your
downloading of any material from this Website or any websites linked to this
Website.
Nothing in these terms and conditions shall exclude or limit our liability for (i)
death or personal injury caused by negligence (as such term is defined by the Unfair
Contract Terms Act 1977) (ii) fraud (iii) misrepresentation as to a fundamental matter
or (iv) any liability which cannot be excluded or limited under applicable law.
If your use of material on this Website results in the need for servicing, repair or
correction of equipment, software or data, you assume all costs thereof.
You agree to indemnify us fully, defend and hold us, and our officers, directors,
employees and agents, harmless from and against all claims, liability, damages, losses,
costs (including reasonable legal fees) arising out of any breach of the terms and
conditions by you, or your use of this Website, or the use by any other person using
your registration details.
Basically,
We are not liable, however if our server falls through your roof then we’ll maybe
buy you a new one!
Advertising and Sponsorship
Part of the Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
Basically,
As a company we choose not to offer 3rd party advertising on site but if we
ever did the content would be the responsibility of the advertiser.
Governing Law and Jurisdiction
These terms and conditions shall be governed by and construed in accordance with
English law. Disputes arising in connection with these terms and conditions shall be
subject to the non-exclusive jurisdiction of the English courts.
We do not warrant that materials/items for sale on the Website are appropriate or
available for use outside the United Kingdom and Eire. It is prohibited to access the
Website from territories where its contents are illegal or unlawful. If you access this
Website from locations outside the United Kingdom and Eire, you do so at your own risk
and you are responsible for compliance with local laws.
Basically,
We abide by English law, please be aware of this when using the website especially if
you are based outside of the UK and Eire.
Miscellaneous
You may not assign, sub-license or otherwise transfer any of your rights under these
terms and conditions.
If any provision of these terms and conditions is found by any court of competent
jurisdiction to be invalid, the invalidity of that provision will not affect the
validity of the remaining provisions which shall continue to have full force and
effect.
Only the parties to these terms and conditions may seek to enforce them. Nothing in
these terms and conditions is intended as granting any persons who are not parties to
these terms any rights under the Contracts (Rights of Third Parties) Act 1999.
Basically,
Things can happen – we are not responsible.