Terms of service
Introduction
Make Your Own Kit Co Ltd, trading as Toast’d, is a company incorporated in England and Wales with registered number 12679062 whose registered address is 2, Pye Road, Heswall, CH60 0DB and operates the Website www.toast-d.co.uk
You can contact Toast’d by email on hello@toast-d.co.uk
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Toast’d, the owner and operator of this Website.
Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Toast’d and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Toast’d and accessing the Website in connection with the provision of such services.
1. Quality & Service Guarantee
At Toast’d we have high standards. If for any reason, you feel the standards you have received are not to your expectations then we will endeavour to resolve any issues with speed, without excuses and with honesty. All we ask is that you contact us as soon as possible to discuss any issues by email at hello@toast-d.co.uk
2. Our Offers
From time to time, we may advertise discount vouchers, free delivery codes or implement site-wide or product specific sales. We reserve the right to withdraw any such codes, offers, discounts or sale pricing with immediate effect and without prior notice. Any offers we make are designed to be used independently and are not available in conjunction with any other offer.
Toast’d accepts no liability for discount codes and vouchers advertised on third party websites and as such, has no obligation to honour them.
3. The Contract Between Us
We must receive payment in full for the products that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
4. Price
The prices payable for products that you order are as set out on our website.
In most instances you will be required to pay extra for delivery.
5. Allegens & Food Intolerances
Some of our products include allergens. Please refer to the specific product pages which highlight individual product ingredients and allergens. If for any reason you are unsure, please contact us at hello@toast-d.co.uk to discuss specific requirements.
6. Right for you to cancel your contract
In accordance with our quality Guarantee you may cancel your order with us for the products you order at any time up to the end of the eighth day from the date you receive the ordered products. You do not need to give us any reason for cancelling your order nor will you have to pay any penalty. This right of cancellation shall not apply to business or corporate purchasers who must have a lawful reason for cancellation.
Once you have notified us that you are cancelling your order, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order.
7. Cancellation by us
We reserve the right to cancel the contract between us if:
We have insufficient stock to deliver the products you have ordered. If this is the case, we will contact you to advise of an availability date or to offer you a substitute product or
One or more of the products you ordered was listed at an incorrect price due to a typographical error.
If we do cancel your contract we will notify you by email and will re-credit your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
8. Delivery of products to you
We will deliver the products ordered by you to the address you give us for delivery at the time you make your order. It is, however, your responsibility to provide us with accurate delivery address details. We will not check or verify addresses and messages supplied by you.
You will become the owner of the products you have ordered when they have been delivered to you or at the point of collection from store. Once products have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
Free Delivery offer is not valid in conjunction with any other offer. Offer can only be redeemed with a valid offer code. Free Delivery applies to one address per order for standard delivery. Code is valid for one order per customer.
9.Limitation of liability
If the products we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, or if you do not receive the products ordered, we shall have no liability to you other than as set out below.
If you notify a problem to us under this clause, our only obligation will be:
To make good any shortage or non-delivery;
To supply and deliver substitute products if your original choice cannot be delivered for any reason;
To replace any products that are damaged or defective, so long as photographic evidence is supplied showing any such damage prior to opening the package; or
To refund to you the amount paid by you for the products in question in whatever way we choose.
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (b) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
We will not be liable to you in respect of any losses arising out of events beyond our reasonable control. To the maximum extent permitted by law, Toast’d accepts no liability for any of the following:
- any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
- loss or corruption of any data, database or software;
- any special, indirect or consequential loss or damage.
10. Intellectual property and acceptable use
All Content included on the Website, unless uploaded by Users, is the property of Toast’d, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission.
You may, for your own personal, non-commercial use only, do the following:
- retrieve, display and view the Content on a computer screen
- You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Toast’d.
11. Prohibited use
You may not use the Website for any of the following purposes:
In any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
In any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
Making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
12. Links to other websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Toast’d or that of our affiliates.
We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
13. Privacy Policy and Cookies Policy
Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference.
14. Availability of the Website and disclaimers
Any online facilities, tools, services or information that Toast’d makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Toast’d is under no obligation to update information on the Website.
Whilst Toast’d uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
Toast’d accepts no liability for any disruption or non-availability of the Website.
Toast’d reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise
15. Notices
Unless otherwise expressly stated in these Terms and Conditions, all notices from you to us must be in writing and sent to our contact email: hello@toast-d.co.uk . All notices from us to you will be displayed on our website from time to time.
16. Events beyond our control
We shall have no liability to you for any failure to deliver products you have ordered or any delay in doing so or for any damage or defect to products delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation to, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
17. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
18. Variation
These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
19. Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
20. Entire Agreement
These Terms and Conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the products to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these Terms and Conditions or as an authorised representation about the nature or quality of any products offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
These terms and conditions were created on 21st July 2020.