Terms & Conditions
Terms & Conditions of Use and Sale
Please read carefully the following terms and conditions of use for the www.toa.st website ("Site") and the ordering and sale of products (“Products”) to you (“Terms & Conditions”). Please save or print a copy of these Terms & Conditions, or store them in your computer, for future reference.
The Site and Products are provided by TOAST (Mail Order) Limited (“TOAST”) and as appropriate its affiliates, including Contracts Limited which provides delivery services to customers resident within the EU but outside the UK and the Isle of Man, “We/us” refers to TOAST and/or Contracts Limited as the context requires. The registered address for TOAST (Mail Order) Limited and Contracts Limited is First Floor, Centro One, 39 Plender Street, London NW1 0DT. TOAST (Mail Order) Limited is a company registered in England and Wales under company number 03399254; its VAT number is GB 245 7210 74. TOAST is responsible for the sale of the Products to you and delivery within the UK and Isle of Man and other non EU destinations.
Contracts Limited is a company registered in England and Wales under company number 01825819. Contracts Limited is responsible for the provision of Delivery Services to customers within the EU but outside the UK and Isle of Man.
Use of the Site
(a) You may access the Site solely for your own personal use. You must not use any content of the Site for any commercial or illegal purpose.
(b) By submitting any material to us ('Material') you acknowledge that we may copy, modify, distribute or create a derivative work from the Material in any manner that we shall determine. You will indemnify us if any third party takes action against us in relation to the Material.
(c) We reserve the right to charge you to access certain information on the Site. We will inform you where a charge will be incurred by you for accessing certain services or information.
(d) You must not cause any nuisance, annoyance or inconvenience to us, our customers or our users of the Site.
(e) You must not submit any Material which is false, for which you compensated by any third party, that includes any information that references other websites, addresses, email addresses, contact information or phone numbers, is defamatory, offensive, menacing or obscene to the Site or which in our Judgment may cause nuisance, annoyance, damage or offence, inconvenience to us or any other person or which is illegal. We may remove such material from the site at any time without notice to, or consent by, you.
(f) We reserve the right to suspend the Site at any time for operational, regulatory, legal or other reasons. We may terminate your use of the Site with immediate effect if you breach any of these Terms & Conditions.
(g) You take responsibility for access to your computer or mobile device and you will maintain your account and password confidential and to the extent permissible by law, you accept responsibility for the activities that occur under your account or password.
Dealings with Third Parties
(a) The Site may provide links to other web sites or resources, and promotions of advertisers and merchants. As we have no control over such sites and third party resources, you acknowledge that we are not responsible for the availability of such external sites or third party resources, do not endorse and are not liable for any content, advertising, products, services or other materials on or available from such sites or third party resources.
(b) Any dealings by you with any third party on or through the site shall be solely between you and that third party and we shall not be responsible for any loss or damage that may arise from any such dealings, nor shall we be deemed to be acting as an agent for you in any such dealings.
Intellectual Property Rights
(a) The Site and its content are protected by intellectual property rights, including copyright and trade marks, as detailed in our Copyright and Trademark Notice.
(b) Except as expressly authorised by us or relevant third parties, you agree not to copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute or create derivative works of any content of the Site, in whole or in part.
(a) Your use of the Site is at your sole risk. The Site is provided on an "as is" and "as available" basis and we do not guarantee that the Site will be suitable for your purposes or requirements. If your PC does not support relevant technology including encryption, you may not be able to use certain services or access certain information on the Site.
(b) The Site is accessed via the World Wide Web which is independent of us. Your use of the World Wide Web is solely at your own risk and subject to all applicable national and international laws and regulations. We shall have no responsibility for all information or service obtained by you on the World Wide Web.
(c) The content of the Site has been compiled from a variety of sources and is subject to change without notice. We use reasonable care in compiling and presenting the content of the Site, but we give no guarantee that the content is complete, accurate, error or virus free or up to date. We will have no responsibility for any variations in colour or appearance caused by your browser software or computer system. Product specifications and descriptions are not intended to be binding and are intended to only give a general description of the products.
(d) So far as permitted by law, we disclaim all warranties, conditions and other terms of any kind, whether express or implied, whether in contract, tort (including liability for negligence) or otherwise, including, but not limited to any implied term of satisfactory quality, fitness for a particular purpose, and any standard of reasonable care and skill. We will not be liable for any delay or failure to perform or comply with our obligations under these Terms & Conditions if the delay or failure arises from any cause, which is beyond our reasonable control.
Limitation of Liability
So far as permitted by law, and except in respect of death or personal injury arising from negligence, we exclude any liability for loss or damage of any kind resulting from the use of the Site (including the reliance upon any information contained on it). We are not responsible for any delay or failure to comply with our obligations under these Terms & Conditions. This does not affect your legal right to have Products sent within a reasonable time or to receive a refund if Products cannot be supplied within a reasonable time.
(a) These Terms & Conditions together with any further terms for the purchase of Products and documentation and materials referenced in these Terms & Conditions including our Delivery Options and policy on Returns constitute the entire agreement between you and us.
(b) Any failure by us to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision.
(c) These Terms & Conditions and the relationship between you and us shall be governed by the laws of England and the English courts shall have the exclusive jurisdiction over any dispute.
(d) We reserve the right to vary these Terms & Conditions and any of our policies from time to time, such variations becoming effective immediately upon posting to the Site and by continuing to use it, you will be deemed to accept any such variations.
You will be subject to these Terms & Conditions as in force at the time that you ordered Products from us, unless any change to those terms and conditions is required by law in which case it may apply to order previously placed by you.
Copyright and Trademark Notice
All content on this Site is protected under the Copyright, Designs and Patents Act 1988 and is Copyright © by TOAST (Mail Order) Limited or, where applicable, independent content providers and third parties. All rights are reserved. Reproduction and/or transmission of any content, by any means, without the express permission of the owner is prohibited by law.
TOAST and any other TOAST name and/or mark on the Site are trademarks of TOAST (Mail Order) Limited. Other names on this site may be trademarks or registered trademarks of their respective owners.
You agree that your order is an offer to purchase the Products from TOAST (Mail Order) Limited and any associated delivery services from either TOAST (Mail Order) Limited or Contracts Limited as applicable as listed in your order. All orders are subject to acceptance by us. We may choose not to accept your order for any reason without liability to you.
After submitting an order, we will send you an order acknowledgement email with your order number and details of the Products you have ordered from us and details of any delivery services you have ordered from us.
Please note that this email is an acknowledgement that we have received your order and is not an acceptance of your order. Acceptance of your order and the formation of:
(a) a contract of sale for the Products between TOAST (Mail Order) Limited and you; and
(b) as applicable a contract for any delivery services between you and either Contracts Limited in respect of residents in the EU but excluding UK and the Isle of Man; or TOAST (Mail Order) Limited in respect of delivery to residents in the UK and the Isle of Man or residents outside of the EU will not take place unless and until the earlier of (i) the date on which TOAST receives payment in full or (ii) when TOAST dispatches the Products to you or the Products are collected from TOAST by Contracts Limited on your behalf pursuant to your delivery contract with Contracts Limited.
Pricing and Payment
We may vary the prices on our site at any time and without any notice. If your order is to be delivered within the European Union, both the product price and delivery services price includes applicable VAT or sales tax payable. If your order is to be delivered outside the European Union, it may attract additional import duties and local sales taxes which you will need to pay on receipt of the shipment.
From February 2018 prices on the TOAST website will be shown in a currency that is determined by delivery destination. This means that an overseas customer will shop in a currency that is different to £ sterling. For example a customer ordering a parcel to be delivered in the US will see prices in $ USD.
Delivery charges are itemised on the order acknowledgement issued by TOAST. Where applicable, TOAST receives the delivery charge on behalf of Contracts Limited.
Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or cancel your order and notify you of such cancellation.
When you make a purchase for Products and delivery services as applicable from TOAST (Mail Order) Limited and/or Contracts Limited please make sure you do this in the currency of your bank or credit card. Please note that it is common practice for banks and credit card providers to have different selling and buying exchange rates for currency. We do not accept responsibility for charges or differing rates of currency exchange levied by a customer's bank or credit card provider. Prices for Delivery Services provided by Contracts Limited are stated in the currency specified in your country in our Delivery section.
Any Products purchased prior to any markdowns or discount offered will not be refunded the difference. You may return the higher priced item in its original condition, to us for either a refund or an exchange. However, if returned for an exchange, this is subject to availability.
Outlet/Sale section – All ‘was’ pricing is the original RRP. ‘Now’ pricing reflects the latest markdown price.
More information about the payment methods that we accept are set out on the Site – "How to Pay". You confirm that the credit/debit card or payment method that is being used is yours and that all details you provide to us in respect thereof including, without limitation, name and address details are complete, correct and accurate . You further confirm that the credit/debit card or payment method is valid and the inputted payment details correct. All credit/debit cardholders and any payment account holders are subject to validation checks and authorisation by the card issuer or payment method provider. If the issuer of your card refuses to authorise payment, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
We are not responsible for any charges or other amounts applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment or other method of payment in accordance with your order. If your credit/debit card or payment method is not denominated in the currency of your purchase indicated on the Site, the final price may be charged in the currency of your card or account. Such final price is calculated and charged by your card issuer or bank or payment method provider and therefore we shall not be responsible for any cost, expense, charge or other liability incurred or suffered by you as a result of your card issuer or payment method provider charging you in a currency other than the currency set out on the Site.
Cancellation Right – Cooling Off Period
Our policy on Returns applies to any Products purchased from us and as set out below.
If you are a UK/EU consumer, you have the legal right to cancel your order within 14 days following your receipt or physical possession of the Products from us or when a third party other than the carrier and indicated by you receives or has physical possession of the Products.
If you wish to cancel your order using this legal right, you must inform us of your decision to cancel the contract in writing (e.g. by a letter sent by post, email or fax. The address to write to is: TOAST, Unit D Ashmount Park, Upper Forest Way, Swansea SA6 8QR).
Alternatively you can inform us by emailing: [email protected] or call Customer Services on 44 (0)333 400 5200 if calling from within the UK or +44 1792 784 200 if calling from overseas. You may use the cancellation form here: Cancellation Form.
If you exercise your right to cancel the contract during the 14 days period after receipt of the goods, we reimburse you the cost of the goods using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earlier.
Please return the unwanted goods to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from the contract to us. Please return the goods in line with our Returns Policy.
You will be responsible for the cost of returning the goods unless our Returns Policy provides that we will reimburse the costs of returning items or if we delivered items in error to you or they were damaged or defective.
For further information about your statutory rights, contact your local authority Trading Standards department or consumer advice centre (for example the Citizen's Advice Bureau if you are in the UK).
Returning Or Exchanging Items Purchased On Our Website
UK Returns Service
You may return your purchase (or part of it) for an exchange or refund within 14 days of receiving it by sending the item(s) back to us at the address provided on your dispatch note returns label. Please use the returns label supplied in your package, and include your dispatch note marked with the items being returned. This will enable us to scan the bar code on the label and send email confirmation to you that your parcel has been safely received. If, for any reason, you no longer have the returns label, please contact our customer service team on +44 (0)333 400 5200.
We offer free UK returns when purchasing full price items over £125 (excludes sale items). Aside from this, we are not responsible for return postage costs other than for incorrect, mis-described or faulty items which can be returned free of charge by emailing [email protected] or phoning our customer service team on +44 (0)333 400 5200.
Be sure to obtain a proof of postage or receipt when returning items. We cannot be held responsible for items that fail to reach us.
All items must be returned in a fully resalable condition, which means being unused with swing tags attached and, if possible, in the original packaging. TOAST reserves the right to refuse a refund or exchange on items deemed not to be resalable. This does not affect your statutory rights in connection with faulty items. Please note that certain products cannot be returned for reasons of health & hygiene e.g. pierced products such as earrings.
If you would like to exchange your item(s), please complete the exchange information on the returns form. All exchanges will be sent to you without any additional postage charges. Exchange items are subject to availability.
If you return your entire order for a refund (or notify us of your intention to return it by emailing [email protected] or phoning our customer service team on +44 (0)333 400 5200 within 14 days of receiving it), we will also refund any initial postage and packing charges, unless you opted for Express Delivery, in which case only the standard postage and packing charges will be refunded. For more information on your right to cancel, please see the Cancellation Right – Cooling Off Period section in our Terms and Conditions.
Sale items can be returned for refund or exchange within 14 days of receipt but please allow up to 10 days for your return to be processed once it is received into our warehouse.
We can arrange collection for homeware items weighing more than 5kg. To book this, please contact our customer service team on +44 (0)333 400 5200. This service incurs a cost of £7, unless you qualify for free returns.
Returns To Our Shops
You may also return your purchase (or part of it) for an exchange or refund within 14 days of receiving it to one of our UK shops.
Please note that the following cannot be returned to our shops:
- Homeware items (nightwear and loungewear can be returned)
- Purchases made using PayPal
- International orders or purchases made in Euros or Dollars
For your web return or exchange to be processed in one of our shops, you must bring the following:
- Item(s) for refund or exchange with swing tags attached and in a resalable condition.
- The Dispatch Note (enclosed in your delivery). Photocopies are not a valid proof of purchase.
- The card you used to pay for the items (any orders made using PayPal must be returned using our online returns service).
If you have any questions regarding returns to our shops, please contact our customer service team on +44 (0)333 400 5200 before you travel.
Items cannot be returned to our shops if they were purchased from other websites or stores selling TOAST products. Items cannot be returned to a John Lewis store unless they were bought there.
Please note that all exchanges within our shops are subject to availability within each individual shop.
Customers returning orders from outside of the UK will be responsible for all costs associated with returning their order. We recommend that overseas customers send their returns via a registered trackable service. We can't be held responsible for items that fail to reach us.
Returning Or Exchanging Items Purchased In Our Shops
You may return your purchase (or part of it) for a refund or exchange within 28 days of the purchase date. Sale items are excluded and can be returned within 14 days for an exchange or credit note only. This does not affect your statutory rights.
All refunds and exchanges require you to provide a valid receipt for the items being returned.
All items must be returned in a fully resalable condition, which means being unused with swing tags attached. TOAST reserves the right to refuse a refund or exchange on items deemed not to be resalable. This does not affect your statutory rights in connection with faulty items. Please note that certain products cannot be returned for reasons of health & hygiene e.g. pierced products such as earrings.
Please note that all exchanges within our shops are subject to availability within each individual shop.
It is not possible to use our online returns service for purchases made in our shops. All returns must be made to a shop.
Certain Homeware items are not available for purchase or delivery outside of the UK. Please contact Customer Services before placing your order.
The TOAST customer service team act on behalf of TOAST (Mail Order) Limited and Contracts Limited in respect of Delivery Services and provide customer services and complaint handling.
TOAST (Mail Order) Limited
Matrix Business Park
Please note that unless otherwise stated on the Site, delivery times are estimates. Delivery times are not guaranteed delivery times and should not be relied upon as such. Please see Delivery Options.
In respect of delivery services for EU customers excluding the UK and the Isle of Man, Contracts Limited provide delivery to you.
When ordering, you will be offered our delivery service once you reach the delivery address details page. Orders will be sent to the delivery address that you have given on your order form. We cannot be held responsible if that delivery address is incorrect or incomplete. Please note that we do not deliver to PO boxes. Please note that there are restrictions on the locations to which we deliver Products purchased from the Site. Details of the locations to which we deliver are available from us on request. Please see the UK Delivery and International Delivery Options.
When you have selected your preferred delivery method from those offered for your selected shipping destination and provided your order has been accepted by us, your order shall be processed by TOAST and we will endeavour to despatch your order in accordance with the estimated delivery times set out on the UK Delivery and International Delivery Options. pages of the Site. Orders received after any specified “cut off” or “last order” time or on a day which is not a working day (that is any day on which the banks are open for business in London which is not a Saturday or a Sunday), will be processed on the next working day. Estimated delivery times will be calculated from the date on which the order is processed.
Where you have selected any of Contracts Limited’s delivery services, your sole remedy for any failure by Contracts Limited to despatch your order in time for delivery within the relevant estimated delivery times for your shipping destination and selected delivery method shall be your right to cancel the relevant order and receive a full refund of any monies paid to TOAST and to Contracts Limited in respect of that order.
Please note that all delivery options available on our Site may not be available via certain applications or when the Site is accessed using a mobile device.
Title in the Products will pass to you on the earlier of:-
(a) the date and time on which TOAST receives payment in full for such Products; and /or
(b) the date and time when Contracts Limited collect such Products on your behalf in respect of delivery to resident in the EU excluding UK and the Isle of Man from TOAST for delivery to your nominated address.
Contracts Limited shall be liable to you for any damage to the Product that occurs between the time that Contracts Limited collect such Product on your behalf from TOAST and the time at which Contracts Limited deliver such Product to you.
In the event that a Product is subsequently imported into a country other than the country to which we delivered the Product, you shall be responsible for complying with all local import requirements, laws, regulations and rules and paying all import taxes and duties as may be applicable in respect thereof.
If your order is to be delivered outside the European Union, it may attract import duty and local sales taxes which customers will need to pay on receipt of the shipment. Any additional charges for customs clearance must be borne by you. These rules vary by country and your local government determines duty and customs charges, so you should contact your local customs office for further information.
If the customer fails to collect their parcel from customs and TOAST has to have the parcel returned to them, the customer will be responsible for the cost associated with TOAST having to retrieve the parcel.
ALTERNATIVE DISPUTE RESOLUTION
The EU Commission ODR platform can be accessed here: http://ec.europa.eu/odr
TOAST Customer Services can be contacted at:
Email: [email protected]
Phone: +44 (0)333 400 5200