Terms & Conditions
USE OF THE SERVICES
- Order Processing. Orders may only be placed using the Services for personal use and not for resale. We reserve the right, in its sole discretion, to not process or to cancel your order or to limit quantities. For most orders, you will not be charged until your order ships from our warehouse.
- Taxes. For our Tax Policy, which may change from time to time, please see below.
- Shipping and Delivery. For our Shipping and Delivery Policy, which may change from time to time, please see below.
- Returns. For our Return/Exchange Policy, which may change from time to time, please see below.
- Product Availability. All offers of products as they are displayed via the Services are subject to availability. We reserve the right to change the items offered via the Services at any time and without notice. The Services may contain information about the availability of products at the time of ordering, but the quantity of inventory actually available can change significantly. If a product is not available for shipping promptly after you place your order, you will be notified, and you may choose to order a different item that is then-currently available, to wait until the product is available (if it will be available again in a timely manner) or to cancel your order. We shall not be liable if products are not in stock or otherwise not available.
- Listed Price. The pricing for all products available via the Services are in United Kingdom Pound sterling and include taxes but exclude shipping costs. We strive to ensure all pricing information is correct. If a product is listed at an incorrect price or with incorrect information due to typographical error or otherwise, we reserve the right to not process or to cancel any orders placed for such product.
ADDITIONAL TERMS AND CONDITIONS
- Ownership. The Services and all content available through the Services (including all intellectual property of any nature, whether registered or unregistered, including all text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) are the exclusive property of and owned by Toldi Pets and its affiliates, and their respective licensors or content providers, and is protected by copyright, trademark and other applicable U.S. and foreign laws. You may not reproduce by any means or process (except as expressly provided herein), in whole or in part, distribute, publish, transmit, create derivative works based on, modify or sell any material contained within the Services. The “Toldi Pets” trademark and all other Toldi Pets related marks and logos, whether registered or not registered, displayed via the Services, as well as the domain name “toldi.co.uk,” are and will remain the exclusive property of Toldi Pets. Any reproduction, distribution, transmission, modification or use of any Toldi Pets trademark for any purpose is prohibited. You may not remove any copyright, trademark or other proprietary notice contained in the Services or any content contained therein.
UNAVAILABILITY OF SERVICES; TERMINATION; FRAUD
The Services may be accessed from countries other than the United Kingdom. The Services may contain products or references to products that are not available outside of the United Kingdom. Any such references do not imply that such products will be made available outside the United Kingdom. If you access and use the Services outside the United Kingdom you are responsible for complying with your local laws and regulations.
DISCLAIMER; LIMITATION OF LIABILITY
IN NO EVENT SHALL TOLDI PETS OR THEIR RESPECTIVE PARENTS, SUBSIDIARIES, DIVISIONS OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON OR IN CONNECTION WITH THE SERVICES (COLLECTIVELY, THE “RELEASEES”) BE LIABLE TO YOU, ANY USER OF THE SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE OR ACCESS THE SERVICES, ANY CONTENT OR INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY TOLDI PETS OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF ANY RELEASEE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE RELEASEES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO TOLDI PETS IN CONNECTION WITH THE APPLICABLE PURCHASE GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE RELEASEES HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF TOLDI PETS.
Because some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such jurisdictions some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.
- Process. Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes.
- Location of Arbitration. Arbitration may be initiated in either London or the county in which you reside. In the event that you select the county of your residence, Toldi Pets or the applicable Releasee may transfer the arbitration to London if it agrees to pay any additional fees or costs you incur as a result of the change in location in such amounts as determined by the arbitrator.
- Exceptions. Notwithstanding anything to the contrary in this Section 11, either you or Toldi Pets may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secret will not be subject to this arbitration provision. Any dispute not subject to arbitration will be exclusively brought (unless such courts do not have personal jurisdiction in the dispute) in the courts located in Boston, London. Additionally, notwithstanding this arbitration provision, either party may seek emergency equitable relief before such courts in order to maintain the status quo pending the arbitrator’s ruling, and hereby agree to submit to the personal jurisdiction of such courts. A request for interim measures will not be deemed a waiver of the right to arbitrate.
We may give notice to you by email, a posting on the Site or other reasonable means. You must give notice to us in writing via email to [email protected] or as otherwise expressly provided.
©2020. Toldi LTD. All Rights Reserved.