TERMS
1) Introduction
1.1) These terms and conditions of sale ("Terms") will apply when you place orders to purchase any of the Products on the Site. Any reference to "you" or "your", means you as user of the Site, any reference to "we", "us" or "our" is to Tor & Edge.
1.2) These Terms form the contract between you and us regarding your order.
1.3) If when placing an order for Products on the Site you can agree unconditionally to these Terms, we would ask you to tick the box confirming your acceptance of these Terms.
1.4) If you are unable to agree to these Terms, then you must not place any orders and you should not tick the box confirming your acceptance of these Terms. If in the course of attempting to place an order you do not tick the Terms acceptance box, you will not be able to place an order and you can return to our Home Page or leave our Site.
2) General Information
2.1) The Site is owned and operated by Tor & Edge.
2.2) Sales from this Site are made by are Tor & Edge.
2.3) If you experience any problems with your order or in using this Site, please email: stan@torandedge.com
3) Our Contract
3.1) We have set out below a summary of the steps that you need to follow to place an order on the Site.
3.2) A legally binding contract with us for the sale of the Products you order will be formed once we dispatch your order to you. This is unless we have notified you that we do not accept your order, or if you have cancelled the order prior to dispatch.
3.3) The only language available for the conclusion of the contract is English.
4) Requirements to conclude a contract with Tor & Edge
4.11) You can only order on the Site if you are a consumer, not a reseller.
4.1a) A 'consumer' is defined as "an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession."
4.2) You guarantee that the information you provide to us in the order details is accurate and complete.
5) Invitation to treat
5.1) The following applies to all types of Products. All information on the Site is an invitation to treat only. In other words, the information is not an offer or binding contract.
5.2) You agree that your order is an offer to purchase the Products listed in your order.
5.3) All Products shown on the Site are subject to availability. This means that, although we strive to ensure our Site reflects the availability of stock, a Product shown on the Site may no longer be available for purchase.
5.4) Minor differences in colour and other variations in Products are possible as a result of manufacturing variance, especially in the case of tie dye where this uniqueness is inherent and desired.
5.5) No rights can be derived from typing errors, Product descriptions or manifest errors on the Site.
6) Placing an order
6.1) To place an order on our Site, you do not need to register an account.
6.2) Choose the Product(s) and quantity of Product(s) you wish to purchase and add them to your basket. When you have concluded choosing your Products, you can go to the checkout page. You will be guided through the process of placing an order by a series of simple instructions on the Site, which you must complete. You will also have the opportunity to review your order and confirm your details.
7) Orders submitted by you
7.1) All orders submitted by you are subject to acceptance by us.
7.2) We are entitled to verify an order in advance at all times and/or to refuse to accept an order without providing reasons and with no liability to you or any third parties.
7.3) If we do not confirm acceptance of your order within ten working days, it is deemed to have been refused.
8) Rejecting your order
8.1) We may choose not to accept your order at our own discretion, prior to dispatch. Examples of when we may not accept your order include but are not limited to, the following:
a. If Product(s) are shown on the Site but are not or no longer available
b. If we are unable to obtain authorisation of your payment
c. If shipping restrictions apply to a Product
d. If it is not possible to delivery to your address
e. If we suspect fraudulent activity connected with the order
f. If there are concerns around fairness between customers
g. If reasons beyond our control arise in relation to your order
h. If Product(s) shown on the Site contain a (manifest) error such as being incorrectly priced or otherwise incorrectly described.
8.3 In the event that we do not accept your order, we shall be entitled to cancel your order without incurring any liability towards you or a third party. This does not affect your statutory rights as a consumer.
8.4) Following the cancellation, we will provide you with a refund for the amount paid to us under the cancelled order, together with any delivery charge you paid as part of your order.
8.5) Beyond providing you with a full refund, we accept no liability for any failure to ship Products. Any refund will be credited to your original payment method.
8.6) We reserve the right to cancel your order after the creation of the contract of sale, thereby terminating the contract of sale.
8.7) Tor & Edge fully reserves the right to refuse to accept any order that it knows, or reasonably suspects was made with the assistance or involvement of any software, robot, crawler, spider or other automated means or device.
9) Methods of payment
9.1) Please check the Site for information on available payment methods.
9.2) For further information on the process, please visit shopify.com.
10) Retention of title
10.1) All Products will remain the property of Tor & Edge until you have paid all amounts owed to us in full, represented by cleared funds, under any agreement, including the payment of costs, earlier or later deliveries or partial deliveries, where applicable. You may not sell, dispose of, or encumber any Product before full title thereof has passed to you.
11) Acknowledging your order
11.1) You can place an order for your Products on the Site by clicking the ‘confirm’ order button at the end of the checkout process.
11.2) After your order has been placed, we will send you an order acknowledgement email with details of the Products you have offered to purchase. Please note, this email does not constitute our acceptance of your order.
12) Dispatch email
12.1) Acceptance of your order and the formation of a contract of sale of the Products between you and us will not take place unless you receive a dispatch confirmation email from us, stating that the Products have been dispatched to you from us.
12.2) That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time that we send the email to you (whether or not you receive that e-mail).
13) Product restrictions
13.1) Please note, where Products are available in limited quantities only, we may restrict the number of Products that may be ordered by the same person or the same household.
14) Your order details
14.1) Whilst certain key information will be included in emails, we recommend you print and save a copy of the acknowledgment email, together with a copy of these Terms for your records.
15) Processing of your order
15.1) To avoid disappointment, we strongly recommend that you order in good time to allow for processing and delivery of your order.
15.2) We will do our best to deliver your order as quickly as possible and in any event within 28 days of accepting your order.
16) Delivering your order
16.1) Our delivery service providers include but are not limited to Royal Mail.
16.2) Order delivery communications
16.2a) If you are located in the United Kingdom and have requested that the Products you have ordered on the Site are delivered to an address that is also located in the United Kingdom, by supplying us with your mobile phone number and/or email address, you agree that we may provide your details to a third party service provider that we determine, will be responsible for delivery of your order. The third party delivery service provider responsible
for delivering your order may send you a text message and/or email indicating an estimated time period for delivery.
16.3b) Delivery periods are indicative and are therefore not regarded as strict deadlines. The mere fact that a delivery period is exceeded does not entitle you to compensation.
16.3) Responsibility of Products on delivery
16.3a) The risk in any Products you purchase and the responsibility to insure them, will pass to you when the Products are in your possession.
16.5) Delivery attempts
16.5a) If a delivery attempt is unsuccessful, you agree that the carrier we have engaged for the delivery may also deliver the Products to a neighbouring/nearby address or pick-up point, after which Tor & Edge is deemed to have met its obligation to deliver the Products. The carrier will notify you of the delivery to the neighbouring/nearby address or pick-up point.
16.5b) Shipment of orders will usually take place on business days. Therefore, please, take into account any public holidays including any national and/or regional holidays in your country of residence, which may affect delivery times.
16.6) Completion of delivery
16.6a) In the unlikely event that after entering into the contract of sale, we cannot, could not or can no longer complete delivery for (part of) your order and are not responsible for this situation, we will be entitled to terminate the contract of sale.
16.6b) We will inform you as soon as reasonably practicable by email and reimburse you any payments made to your original payment method. In instances where you have paid for delivery, you will be refunded delivery charges.
16.7) Delivery locations
16.7a) UK is defined as: England, Scotland, Wales and Northern Ireland (Channel Islands and the Isle of Man)
16.7b) Other countries that we deliver to outside of the UK will be limited to availability.
16.7c) European countries will be shipped from Tor & Edge European Offices in Poland and limited to European stock
16.8) Delivery restrictions
16.8a) Please note due to exceptional circumstances some delivery location exclusions may arise in instances beyond our control, resulting in delivery service partners being unable to deliver your order.
16.8b) Reasons include but are not limited to, civil unrest, war and extreme weather conditions. If you are concerned about this, please contact stan@torandedge.com stating your intended location of delivery before placing an order.
17) Customs
17.1) 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.
17.2) These and any other additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be.
17.3) Customs policies vary widely from country to country, so you should contact your local customs office for further information.
17.4) Additionally, please note that when ordering from us, you must comply with all laws and regulations of the country in which you are receiving the Products.
17.5) Please note that cross-border deliveries are subject to opening and inspection by customs authorities.
17.6) All our prices include VAT if applicable.
18) Returns Policy
18.1) Cancelling an order
18.1a) We want you to be delighted every time you shop with us at Tor & Edge.
Occasionally though, we understand that you may want to cancel your order and return Products.
18.1b) You have the right to cancel your order at any time prior to us dispatching your order.
18.1c) After an order has been dispatched by us, in order to have your refund processed, you must meet the specific return conditions stated below, depending on your type of return.
18.2) Cancelling your order prior to dispatch
18.2a) In the event you change your mind and wish to cancel your order, prior to us dispatching your order:
i) Please email stan@torandedge.com to communicate your wish to cancel your order. (No other methods of communication for wishing to cancel your order will be accepted).
ii) We would then not send you the order.
iii) We would confirm the cancellation by email to you.
iv) If we have already taken payment from you, we would issue you with a full refund, including any delivery charges, if paid, to your original payment method. (Where delivery was free, you would only receive a refund for the Product order value paid).
18.2b) Please note: Whilst we will make every effort to process your refund from our side as quickly as possible, it may take up to 21 days for this to appear on your original payment method statement. This can be due to individual financial institutions processing systems which can vary.
18.3 Statutory Right of Withdrawal
18.3a) You have the right to withdraw from this contract within fourteen (14) days of receiving your Order without giving any reason, in accordance with the conditions set out in this section, section 18, Returns policy.
18.4) Amending an order
18.4a) After you have placed an order, it is not possible to amend the order. For further information on this, please contact stan@torandedge.com.
18.5) Returning a damaged order
18.5a) In the event your Product(s) arrived damaged, we would ask you to provide photos to us via email to stan@torandedge.com.
18.5b) Subject to receiving photos, we would:
i) Ask you to send the Product(s) in its original packaging to our delivery service provider for analysis. Any costs incurred by you for this would be reimbursed to you by us, upon receiving a valid proof of postage receipt via email.
ii) We may offer you a replacement for the damaged Product(s) to you. You would not be required to pay anything as we would cover the cost of the replacement Products (subject to stock availability) and delivery charges.
iii) Where replacement Product(s) are not in stock, we would subsequently offer you a full refund for the damaged Product(s) and reimburse you for the delivery charge as full and final resolution
iv) Any refund issued would be made to your original payment method
18.5c) Please note: Whilst we will make every effort to process your refund from our side as quickly as possible, it may take up to 21 days for this to appear on your original payment method statement. This can be due to individual financial institutions processing systems, which can vary.
18.6) Returning an incorrect item
18.6a) In the event you received an incorrect item, please inform us by emailing: stan@torandedge.com.
18.6b) After communication with you, you could choose from one of the following options:
i) You can keep the Product. Where the value of the incorrect item you received exceeds that of the item paid for, no additional payment would be required from you. Where the value of the incorrect item received is less than what you paid for (as per the price on our Site), we would reimburse the difference in the Product price to you.
ii) You can return the Product to Tor & Edge in its original Tor & Edge packaging by postal service to: Tor & Edge ,30 Masefield Rd, Wath upon Dearne, Rotherham, S63 6NG
iii) Tor&+ Edge cannot take any responsibility for Products damaged or lost by a delivery company whilst in transit or before it is received by our Customer Service Department.
iv) We will refund the price paid for the incorrect item delivered to you and reimburse you for postage cost if you email us a valid proof of postage receipt. This will be made to your original payment method.
18.6c) Please note: Whilst we will make every effort to process your reimbursement from our side as quickly as possible, it may take up to 21 days for this to appear on your original payment method statement. This can be due to individual financial institutions' processing systems can vary.
18.7) Products we do not refund
18.7a) This includes but is not limited to products:
i) Made to order pieces unless defective.
ii) Obtained from a source other than the Site
iii) That have been damaged by abuse or negligence (e.g. exposure to chemicals, caustic substances, open flame, high heat, sharp object, etc.)
iv) That have been damaged by misuse or activities other than the intended purpose
18.7b) Please note the life expectancy of any Product depends on the individual using the Product, the conditions of use, and the characteristic wear patterns of the user.
19) Price
19.1) The stated prices include VAT where applicable.
19.2) Prices are quoted in British Pound Sterling (GBP). Tor & Edge reserves the right to make price changes prior to an order placed by you.
19.3) We reserve the right to change, limit or terminate any special offers or discounts at any time.
19.4) The delivery costs vary by location of delivery. For further details, please see section 16, Delivering your order.
19.5) Any applicable delivery costs will be charged separately, itemised and added to the total amount of the order.
20) Legal and Commercial Warranties
20.1) We remind you that the applicable law requires that Products conform to any description applied to them on the Site, are of satisfactory quality and fit for the purpose made known to you by us at the time of purchase.
20.2) Nothing in these Terms should be taken as excluding or restricting these warranties or any other rights which the applicable law grants explicitly or implicitly to consumers in respect of such Products.
21) Limitation of liability
21.1) Your use of the Site is at your own risk.
21.2) Neither Tor & Edge, nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Site will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the Content on the Site, including damages caused by viruses or any incorrectness or incompleteness of the information on the Site, or the performance of the
Products or otherwise arising out of or in connection with these Use of Site Terms and Conditions, even if Tor & Edge has been advised of the possibility of any such damages.
21.3) We do not accept liability for indirect losses, any pure economic loss (e.g. lost wages) and any loss which is not a direct and reasonably foreseeable consequence of the relevant breach of these Terms or which is consequential, howsoever arising and even if we have previously been advised of the possibility of such loss.
21.4) Nothing in the Conditions shall exclude or limit our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
21.5) We cannot be liable for any business losses as this Site is only available to consumers, not businesses.
22) Content on the Site
22.1) All of the content featured or displayed on the Site, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by Tor & Edge, its affiliated companies, its licensors or its content providers.
22.2) All elements of the Site including, but not limited to, the general design and the Content, can be protected by copyright, moral rights, database rights, trademark and other laws relating to intellectual property rights.
22.3) Except as explicitly permitted under this or another agreement with Tor & Edge, no portion or element of the Site or its Content may be copied or retransmitted via any means.
22.4) The Site, its Content and all related rights shall remain the exclusive property of Tor & Edge, its affiliated companies or its licensors unless otherwise expressly agreed.
22.5) All such rights are reserved.
23) Copyright and Trademarks
23.1) All trademarks, design rights, copyrights, service marks, logos and trade names which appear on Products photographed for the purposes of the Site (“Third-party Trade Marks”), are the property of the respective brand and Tor & Edge makes no representation otherwise. Tor & Edge owns the copyright to the photos of the product only as they have been produced by us. Rights to reproduce the Third-party Trade Marks are reserved by their respective licensors. Please contact them for more information.
23.2) The copyright in all Content is and remains owned by Tor & Edge, its affiliated companies or its licensors as appropriate. Except as may be otherwise indicated in specific documents within the Site, you are authorised to view, print and download Content found on the Site for personal, informational, and non-commercial purposes only. You may not
modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content.
23.3) You may not reuse any Content without first obtaining the consent of Tor & Edge. For purposes of these terms, the use of any such Content on any other Site or networked computer environment is prohibited.
23.4) You will not remove any copyright, trademark or other proprietary notices from Content found on the Site.
23.5) Save for Third-party Trade Marks, any trade marks used on the Site whether registered or not remain the exclusive property of Tor & Edge, its affiliated companies or its licensors (as appropriate) and are protected by applicable trade mark laws and treaties.
23.6) You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Trade Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without Tor & Edges prior written consent.
23.7) The use of any of the Trade Marks on any other site or network computer
environment, for example the storage or reproduction of (a part of) the Site in any external internet Site or the creation of links, hypertext, links or deep links between the Site and any other internet Sites, is prohibited without the express written consent of Tor & Edge.
24) Disclaimer
24.1) The Site and the Content are free of charge and provided 'as is' and without any warranties of any kind.
24.2) The information on the Site is for general information purposes only and does not constitute advice.
24.3) Tor & Edge does not represent or warrant that the information and/or facilities contained in the Site are accurate, complete or current, or that the Site or the server that makes the Site available are free of viruses or any other harmful components.
24.4) Further, Tor & Edge will not provide for specific IT infrastructure or connectivity. Thus, Tor & Edge cannot represent or warrant the Site will be uninterrupted or error free.
24.5) Tor & Edge does not make any warranties or representations regarding the use of the Content on the Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.
25) Links to third parties
25.1) For your convenience and to improve the usage of the Site, links to Sites that are owned and controlled by third parties may be provided from time to time.
25.2) These links take you outside Tor & Edge’ service and off the Site and are beyond the control of Tor & Edge.
25.3) This includes links to partners that may use the Trade Marks as part of a co-branding agreement.
25.4) The Sites you can link to have their own separate Terms and conditions as well as a privacy policy.
25.5) Tor & Edge is not responsible and cannot be held liable for the content and activities of these Sites.
25.6) You therefore visit/access these Sites entirely at your own risk.
25.7) Please note that these other Sites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use and/or privacy policies on those Sites prior to using them.
26) Misuse of the site
26.1) You are prohibited from using the Site to post or transmit any User Generated Content which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage
conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law.
26.2) Tor & Edge may deny you access to the Site at any time in its sole discretion, and which shall include situations where Tor & Edge believes that your use of the Site is in breach of any of these Use of Site Terms and Conditions and/or applicable laws.
26.3) You are also prohibited from using the Site to advertise or perform any commercial solicitation.
You may not use any software, robot, crawler, spider, page scraper or any other automated means or device to (a) access, copy, affect or monitor any part of the Site or its content or circumvent the structure or presentation of the Site or any of its content or (b) to interfere with the operation of the Site or any transaction being made on the Site or interfere or affect any person's use of the Site or to help facilitate any third party to purchase any Product on the Site.
26.4) You may not attempt to gain unauthorised access to any part or feature of the Site or any system connected to the Site by hacking, password mining or other illegitimate or unauthorised means.
27) Events beyond our reasonable control
27.1) Without prejudice to your statutory rights as a consumer, we will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control.
28) Amendments to the Tor & Edge Terms and Conditions
28.1) We reserve the right to make changes to these Terms and Conditions at any time.
28.2) The use of this Site as well as any Order executed between you and us, will be subject to the version of the Tor & Edge Terms and Conditions in force at the time you place the order through this Site or the day you browse this Site (as applicable).
28.3) Please check the Tor & Edge Terms and Conditions periodically for changes.
29) Data protection
29.1) Tor & Edge fully respects the privacy of individuals who access and use the Site.
29.2) By buying products from Tor & Edge, you are giving consent for us to use your email address for marketing purposes (limited to that of Tor & Edge, in relation to similar products and not shared with external parties).
29.3) By buying products from Tor & Edge, you are giving consent for us to use the information provided in your order (including but not limited to your address, email address, contact number, as appropriate) to help us fulfil your order.
30) Severance
30.1) Each provision of the Tor & Edge Terms and Conditions shall be construed separately and independently of each other.
30.2) If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these Tor & Edge Terms and Conditions.
31) Subcontracting and assignment
31.1) Tor + Edge reserves the right to sub-contract, transfer, assign or novate all or any of our rights and obligations under Tor & Edge terms and conditions provided that your rights under Tor & Edge terms and conditions are not affected.
31.2) You may not sub-contract, assign or otherwise transfer any of your rights or obligations under the Tor & Edge terms and conditions without our consent in writing.
32) Applicable Governing Law and jurisdiction
32.1) These Terms and any other contract made between us in the manner described above shall be subject to and interpreted and enforced and governed exclusively in accordance with English law.
32.2) This does not affect the applicable mandatory rights under the law of your country of residence.
32.3) In respect of any actions or claims under these Terms, you and we agree to submit to the exclusive jurisdiction of the English courts.
33) Waiver
33.1) 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.
33.2) We reserve our rights and remedies in any situation where you breach these Terms.
34) Entire Agreement
34.1) These Terms shall replace any prior agreements or arrangements which may have existed between us, provided that the information you have given to us is not incorrect or fraudulent.