Terms and Conditions
If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us via the information on our contact page.
If you do not agree with the terms and conditions set out below, you should not access, use or place an order with Toucan Blue Ltd. Our terms and conditions may change from time-to-time, so please ensure you read them regularly, particularly prior to ordering goods.
You must be eighteen years old or older to order from Toucan Blue Ltd. If you are under eighteen then please only use this site with the agreement of, and under the supervision of, a parent or guardian.
All the details that you provide to Toucan Blue Ltd for the purpose of ordering or purchasing goods must be true, accurate, current and complete in all respects. Credit cards, debit cards or PayPal accounts that you are using must be your own and you must ensure that there are sufficient funds in your account to cover payment of the product(s) ordered.
- The contract from pressing the ‘Place an Order’ button at the point of ordering goods/services on toucanblue.co.uk represents an offer on your part to purchase the goods/services. Our acceptance of your order brings into existence a legally binding contract between us.
- Ownership of rights – All rights, including copyright, in this website are owned by or licensed to Toucan Blue Ltd. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose, unless specifically through sharing functionality set out on the website.
- Accuracy of content – We have taken all due care to ensure that the prices quoted in this website are correct at the time of publishing and that all goods and services have been fairly described. However, we will not accept liability for any material errors or omissions in any part of the website, including but not limited to, the description and specifications of the goods/services or their prices as advertised on this website. As such orders that have been made for a product/service that contain such an error will not be accepted, regardless of whether the error is known to us at the point in which the order is placed.
We reserve the right to change any content on the website, including but not limited to, descriptions, specifications and prices of goods/services at any time without prior notice.
- Damage to your computer – We work hard to ensure that this website is free from viruses or defects but cannot guarantee that it is. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer or any other equipment as a result of using this website or those websites accessible through it. It is your responsibility to ensure that you have the right equipment and software to use the website.
- Availability – All orders are subject to acceptance and availability. We try to ensure that the stock availability shown on this website is as up-to-date as possible. However, if the goods you have ordered are not available from stock, we will contact you by e-mail or phone (from the details you have given us) to inform you of this. You will then have the option of waiting until the item is available, choosing an alternative item or cancelling your order.
- Ordering errors – You are able to correct errors on your order up to the point on which you click on “Place your Order” during the ordering process. Once your order has been submitted you should contact our Customer Service team to notify us of any errors or to cancel if necessary. If you don’t tell us about any errors before your order is despatched you will have to pay to return any items to us.
- Price – The prices payable for goods that you order are as set out in our website. All prices are inclusive of VAT, where applicable, at the current rates and are correct at the time of entering the information. If you are ordering from outside the UK or European Union local taxes and import duties may be applicable and payable when the delivery reaches the specified destination. You are responsible for payment of any such taxes and import duties. Please contact your local customs office for further information before placing your order. We cannot predict their amount or have any control over these.
If, due to an unforeseen change, it is not possible to accept your order to buy goods based on the specification, description or price indicated on the website, we will advise you by email (if you have given your details to us). In the email we will confirm the revised specification, description and/or price. We will also notify you of the period that the offer or price will remain valid for, if applicable. Please see our cancellation policy should you wish to cancel at this point.
- Payment terms – We must receive payment in full for the goods/services ordered prior to your order being despatched. Please see www.paypal.comfor information on Paypal payments.
- Delivery charges – Delivery charges vary according to the type of goods ordered and cannot be refunded.
- Delivery – Our delivery charges are set out in the delivery section of our website. We will deliver the goods to the address you specify for delivery in your order. Please ensure that this address is accurate. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
- Risk and ownership – You will only own the goods once they have been successfully delivered to you. Risk of damage to, or loss of the goods, passes to you at the point of delivery, or if you fail to take delivery at the agreed time, the point at which we tried to deliver. Goods supplied are not for resale.
- Acknowledgment and acceptance of your order – Upon your order being placed, we will send you an Order Confirmation email (to the email address specified in your order). This will then be followed by a Confirmation of Despatch email, upon despatch of the goods.
- Cancellation rights Under the Distance Selling Regulations you have the legal right to cancel your order within fourteen days of receipt of your goods (with the exception of any made-to-order items). You do not need to give us any reason for cancelling your order nor will you have to pay any penalty. However, you do need to notify us if you wish to cancel your order.
If you have received the goods before you cancel your order then you must send the goods back to our contact address at your own cost and risk. If you cancel your order but we have already processed the goods for delivery you must not unpack the goods when you receive them and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
Once you have notified us that you are cancelling your order, any sum debited by us from your credit card or debit card will be re-credited to your account as soon as possible and in any event within 30 days of safe receipt of any returned goods provided that the goods in question are returned by you and received by us in the condition they were in when delivered to you, with packaging and tags intact. If you do not return the goods delivered to you or do not pay the costs of delivery, we will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
- Cancellation by us We reserve the right to cancel your order if: a) we have insufficient stock to deliver the goods you have ordered; b) we do not deliver to your area; or c) one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers. If we do cancel your order we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card, debit card or PayPal account as soon as possible but in any event within 30 days of your order.
- Liability If you do not receive the goods ordered from us within 30 days of the order date, we will have no liability to you unless you notify us in writing at our contact address of the problem within 60 days of the order date (unless this is not reasonably practicable). If you notify us of such a problem, our only obligation will be, at your election: a) to make good any shortage or non-delivery or b) to refund to you the amount paid by you for the goods in question in whatever way we choose.
Both parties shall only be liable under this contract for losses which are a reasonably foreseeable consequence of the relevant breach you have identified to us.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
Nothing in these terms and conditions is intended to limit your rights as a consumer under applicable local law or statutory rights that we cannot exclude, or to limit our liability if you die or suffer personal injury as a result of our negligence.
- Notices – Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be made in writing and sent to our contact address at Toucan Blue Ltd, 16 Costard Avenue, Warwick Gates, Warwickshire CV34 6BP. All notices from us to you will be either emailed to you or displayed on our website.
- Changes to legal notices We reserve the right to change these terms and conditions from time to time, so please ensure you read them regularly.
- Law, jurisdiction and language – This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
- Invalidity – If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
- Third party rights – Nothing in these Terms and Conditions is intended to, nor shall it confer any rights on a third party.