Terms and Conditions
Terms and Conditions
This agreement applies as between you, the User of this Web Site and Tidybooks, the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.
No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;
“Carrier” means any third party responsible for transporting purchased Goods from our Premises to customers;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Goods” means any products that Tidybooks advertises and / or makes available for sale through this Web Site;
“Tidybooks”means Tidybooks Europe Ltd
“Service” means collectively any online facilities, tools, services or information that Tidybooks makes available through the Web Site either now or in the future;
“Payment Information” means any details required for the purchase of Goods from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
“Premises” Means our registered address located at Tidy Books Europe Limited, Suite 203, The Hiltongrove Business Centre, Hatherley Mews, London E17 4QP.
“System” means any online communications infrastructure that Tidybooks makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Web Site and is not employed by Tidybooks and acting in the course of their employment; and
“Web Site” means the website that you are currently using (www.tidy-books.com) and any sub-domains of this site (e.g. subdomain.www.tidy-books.com) unless expressly excluded by their own terms and conditions.
2. Age Restrictions
Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
3. Business Customers
These Terms and Conditions also apply to customers buying Goods in the course of business.
4. International Customers
If Goods are being ordered from outside Tidybooks’s country of residence, import duties and taxes may be incurred once your Goods reach their destination. Tidybooks is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Tidybooks cannot guarantee that the packaging of your Goods will be free of signs of tampering.
5. Intellectual Property
5.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Tidybooks, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Tidybooks.
6. Third Party Intellectual Property
6.3 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
6.4 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
7. Fair Use of Intellectual Property
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
8. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Tidybooks or that of our affiliates. We assume no responsibility for the content of such web sites 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 Web Site does not imply any endorsement of the sites themselves or of those in control of them.
9. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.tidy-books.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Tidybooks. To find out more please contact us by email at email@example.com or Tidy Books Europe Limited, Suite 203, The Hiltongrove Business Centre, Hatherley Mews, London E17 4QP.
10. Use of Communications Facilities
10.5 When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
10.5.1 You must not use obscene or vulgar language;
10.5.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
10.5.3 You must not submit Content that is intended to promote or incite violence;
10.5.4 It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
10.5.6 You must not impersonate other people, particularly employees and representatives of Tidybooks or our affiliates; and
10.5.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
10.6 You acknowledge that Tidybooks reserves the right to monitor any and all communications made to us or using our System.
11.7 In order to purchase Goods on this Web Site and to use the website’s facilities you will need to input certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase. By continuing to use this Web Site you represent and warrant that:
11.7.8 all information you submit is accurate and truthful;
11.7.9 you have permission to submit Payment Information where permission may be required; and
11.7.10 you will keep this information accurate and up-to-date.
11.8 If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
11.9 Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Tidybooks accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
12. Termination and Cancellation
12.11 Either Tidybooks or you may terminate your Account. If Tidybooks terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
12.12 If Tidybooks terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
12.13 Tidybooks reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
12.14 If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
12.15 If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
13. Goods, Pricing and Availability
13.16 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Tidybooks correspond to the actual Goods, Tidybooks is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 15.1 for incorrect Goods.
13.17 Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.
13.18 Tidybooks does not represent or warrant that such Goods will be available. Stock indications are not provided on the Web Site
13.19 All pricing information on the Web Site is correct at the time of going online. Tidybooks reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
13.20 In the event that prices are changed during the period between an order being placed for Goods and Tidybooks processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
13.21 All prices on the Web Site do include VAT. Tidybooks’s VAT number is 881 8030 19.
14.22 Tidybooks will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
14.23 If Tidybooks receives no communication from you, within 7 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
15. Returns Policy
Tidybooks aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
15.24 If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 10 days to arrange collection and return. Tidybooks is responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.
15.25 If any Goods you have purchased have faults when they are delivered to you, you should contact Tidybooks within 28 days to arrange collection and return. Tidybooks is not responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
15.26 If any Goods develop faults within their warranty period, you are entitled to a repair or replacement under the terms of that warranty.
15.27 If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to Tidybooks within 10 days and arrange collection and return. Tidybooks is not responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
15.28 If the Goods have been dispatched or have reached you, but you have changed your mind, please return them to Tidybooks within 10 days of receipt. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of Tidybooks. You are responsible for paying shipment costs if Goods are returned for this reason.
15.29 If you wish to return Goods to Tidybooks for any of the above reasons, please contact us using the details on wwww.tidy-books.com/contact/ to make the appropriate arrangements.
15.30 Tidybooks reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
15.30.11 Any use or enjoyment that you may have already had out of the Goods;
15.30.12 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
15.30.13 The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;
15.30.14 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
Such discretion to be exercised only within the confines of the law.
17.31 Tidybooks makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
17.32 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
17.33 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
18. Changes to the Service and these Terms and Conditions
Tidybooks reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If Tidybooks is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
19. Availability of the Web Site
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.
Tidybooks accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
20. Limitation of Liability
20.34 To the maximum extent permitted by law, Tidybooks accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
20.35 Nothing in these Terms and Conditions excludes or restricts Tidybooks’s liability for death or personal injury resulting from any negligence or fraud on the part of Tidybooks.
20.36 Nothing in these Terms and Conditions excludes or restricts Tidybooks’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.
20.37 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
21. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
22. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to info@Tidybooks. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
24. Law and Jurisdiction
These terms and conditions and the relationship between you and Tidybooks shall be governed by and construed in accordance with the Law of England and Wales and Tidybooks and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
Our product guarantees and after sale service
Your 5 year guarantee against manufacturing defects
Tidy Books have a range of products. They are all tested to ensure they are of the highest standard and quality. Our products are protected by a comprehensive 5 year guarantee against manufacturing faults from the date of purchase.
Where your product is covered by our 5 year guarantee, we will provide any necessary spare parts FREE of charge. This guarantee is subject to the following conditions and exclusions.
In the unlikely event that you need to claim under the terms of this guarantee, please contact our Customer Care team on 0208 520 4647 or email us at firstname.lastname@example.org.
Conditions and exclusions
1. All of our products are supplied with an instruction guide. Please make sure you read this carefully before first use of the product and keep it in a safe place for future reference along with your proof of purchase. You will need your proof of purchase if you want to make a claim under the 5 year guarantee. Products must be used as instructed and failure to do so may invalidate your guarantee.
2. The 5 year guarantee applies only to manufacturing defects and does not apply to damage which has been caused accidentally or deliberately or from everyday wear and tear. All products which require spare parts outside the 5 year guarantee period or which are not covered by the guarantee will be chargeable.
3. This guarantee only applies to Tidy Books products purchased from Tidy Books, or an official Tidy Books stockist. If you have purchased your product from a retailer who is not listed as a stockist on our stockist page, please contact us via telephone to discuss your case.
Furniture and wooden products
4. Wood is a natural product, has its own characteristics and natural marks and may change colour over time. Great care and effort has been taken to ensure that your wooden furniture matches those seen in store or online. However, differences in grain, texture and colour may be apparent from one product to the next and even within a product and should be accepted as part of the individual appearance of the wood. Such variations are not covered by this guarantee.
5. Where you have purchased self assembly furniture, please ensure you carefully and thoroughly check it immediately after purchase / delivery and prior to assembly to ensure none of the pieces are damaged or defective in any way. If there any problems, please call our Customer Care team before going any further on 0208 520 4647.
6. For self assembly furniture, please also ensure that you have all the pieces immediately after purchase / delivery and prior to assembly. You will be assumed to have received everything you should have done unless you advise us otherwise within 30 days of purchase. We cannot in any event guarantee spare parts will be available at that stage as products are discontinued from time to time and spare part availability will then be limited.
7. We do not guarantee the continued availability of particular furniture ranges or products. It may therefore not be possible to offer you a replacement from the same range in the event that an item of furniture cannot be repaired. Where we are unable to offer you a replacement from the same range, any liability we have, whether in accordance with our guarantees, under the general law / statute or otherwise, will be limited to a refund of the product in question. We will not be liable to refund or replace any other products including other furniture items belonging to the same range as the item which cannot be replaced even where purchased at the same time.
8. We reserve the right to reject items that are in an unsuitable condition.
9. Any part or full replacement, or exchange of any product will not extend the original 5 year guarantee period. Any product provided by way of replacement or exchange of the product originally purchased will be guaranteed for the remainder of the guarantee period applicable to the original product.
10. This guarantee is subject to the product not having been modified, misused, undergone repair by someone other than Tidy Books or used for a purpose for which it was not designed.
11. Where proof of purchase cannot be provided Tidy Books reserve the right to assess the condition of a product and determine whether it falls within the scope of the guarantee.
Procedure for making a claim
If your product develops a defect which is covered by this guarantee, please contact a member of our Customer Care team on 0208 520 4647. Alternatively you may email us at email@example.com or write to Customer Care Department, Tidy Books Europe Limited, Suite 114, Hiltongrove Business Centre, Hatherley Mews, London, E17 4QP, UK.
Tidy Books will arrange collection and delivery of spare parts and products. Please contact a member of our Customer Care team on 0208 520 4647 who will be able to assist with the delivery, exchange or return.
5 year + of purchase
In the event a product is outside our 5 year guarantee we will endeavour to repair or replace parts subject to availability.
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998).
We collect information about you for 2 reasons: firstly, to process your order and second, to provide you with the best possible service.
The type of information we will collect about you includes:
- Your name
- Phone number
- Email address
We will never collect sensitive information about you without your explicit consent.
The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly.
The personal information which we hold will be held securely in accordance with our internal security policy and the law.
If we intend to transfer your information outside the EEA (European Economic Area) we will always obtain your consent first.
We may use technology to track the patterns of behaviour of visitors to our site. This can include using a "cookie" which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings.
If you have any questions/comments about privacy, you should contact us.
All Copyright, design rights and intellectual property rights existing in our designs and products and in the images, text and design of our website / marketing material are and will remain the property of Tidy Books Europe Ltd. We will treat any infringement of these rights seriously.