terms and conditions

Thank you for placing your order with Tom Pom Food.  Your custom means a lot to us, as does your rights as a consumer.  Please read our Terms and Conditions along with our Privacy Policy.  If you have placed an order, it is important that you read the Purchase and Delivery Contract, Order and Amendments or Cancellation and Payment sections of this document.
 

Introduction

Please read these Terms and Conditions carefully.  By using or submitting an order and future orders on this website, you are agreeing tot he terms and conditions that appear below.

To register and place an order with Tom Pom Food, you must be eighteen years or older.

These Terms and Conditions were most recently updated on 24 September 2019 and apply to the sale of goods to all consumers and for the use of this website.

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 Tom Pom Food, 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 Tom Pom Food and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Tom Pom Food and accessing the Website in connection with the provision of such services.


Intellectual property and acceptable use
All Content included on the Website, unless uploaded by Users, is the property of Tom Pom Food, 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 Tom Pom Food.

 

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.


Links to other websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Tom Pom Food 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.


Privacy Policy
Use of the Website is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the following: www.tompomfood.com\privacypolicy.

 

Availability of the Website and disclaimers
Any online facilities, tools, services or information that Tom Pom Food 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. Tom Pom Food is under no obligation to update information on the Website.


Whilst Tom Pom Food 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.


Tom Pom Food accepts no liability for any disruption or non-availability of the Website.


Tom Pom Food 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.

 

Limitation of liability
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) 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, Tom Pom Food 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.


General
You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.


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.


These terms and conditions together with the Privacy Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.


The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.


If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.


Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.


This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

 

Purchase and Delivery Contract

We sell goods to end users only on this website.

 

We will confirm your order placed directly by using tompomfood.com website via an automatic message immediately after you have confirmed your order or by sending an email to the email address you have provided to us.

 

A confirmed order is subject to our cancellation rights and acceptance of your order and completion of your order will take place when we dispatch the goods to you.

 

When placing an order, you are agreeing to be home at the time of the designated delivery slot for which you agreed to so your purchase can be signed for and you accept responsibility to immediately place your order into the freezer.  You will receive a confirmation of delivery date and we will endeavour to also send you an email 2 hours before delivery confirming the exact time of delivery.  The purpose of the tracking service is to reduce the likelihood of delivery times being forgotten or left incomplete and is a part of our confirmation process.

 

Order Amendments or Cancellations

Orders placed through tompomfood.com may be amended or cancelled by the customer at no charge, provided that this is done before 24 hours prior to the agreed delivery slot per the notice given to the customer with their order confirmation.  If you wish to make an amendment or cancel your order, you may contact us via email to support@tompomfood.com and we endeavour to meet your needs, but can not guarantee this within the 24 hour time period prior to your delivery.  Any orders that have not been cancelled or amended by this time are binding and will be delivered by Tom Pom Food.  If you are not home to sign for your order, we will make one further attempt to delivery your order at a time which is convenient to you.  If you are not home to accept this second attempt, your order will be cancelled and no refund will be available for your goods or your delivery charge. 

Payment

Payment may be made by via Stripe or PayPal.  You cannot pay for your order by cash or cheque.

 

We reserve the right to cancel your order if we are refused authority for payment. 

 

You agree to compensate us in full against any reasonable costs incurred by us in obtaining payments from you in the event of a failed payment.  This may include administration charges of no less than £20.  We may at any time after a failed payment has occurred ask a debt collection agency to collect payment from you.

 

Defective Goods

We advise that you inspect the goods promptly at the time of delivery and notify us of any defects promptly after delivery. If you discover a product is faulty, please email our Customer Service team as soon as possible support@tompomfood.com. We will arrange with you for the goods to be returned to us. On receipt of the goods, we will promptly and fully refund the price of any goods that do not meet with your reasonable satisfaction or arrange for the delivery of replacement goods.

 

As a consumer, you have certain legal rights regarding the return of faulty or misdescribed goods. Our refund procedure described above does not affect your legal rights in relation to such goods. Our returns policy is in accordance with statutory rights under the Consumer Contracts Regulations. For further information about your legal rights contact your local authority Trading Standards Department, or Citizens Advice.

 

Customer Complaints

Any customer complaint should be addressed directly to Tom Pom Food via email to support@tompomfood.com

 


Tom Pom Food details
Tom Pom Food is a company incorporated in England and Wales with registered number 11380862 whose registered address is Suite 433, 14 London Road, Guildford, Surrey, GU1 2AG and it operates the Website www.tompomfood.com.
You can contact Tom Pom Food by email on support@tompomfood.com.


Attribution
These terms and conditions were originally created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk).