1. The contract between us
1.1 We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us. Once payment has been received by us, it is no longer possible for you to amend, cancel or skip your order and for us to refund you for failure to take these actions before the order was accepted by us.
1.2 By opting to create a TOTM subscription, you are agreeing to pay recurring periodic subscriptions for an indefinite time until deactivated by you or us, on the subscription terms set out in the application form you have completed on our website.
2. Price
2.1 The prices payable for goods that you order are as set out on our website.
2.2 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.
2.3 We reserve the right to increase our prices. Where a subscription account is held, price changes will occur in line with changes displayed on our website.
3. Right for you to cancel your subscription
3.1 You may cancel your subscription with us for the goods you order at any time but at least within 5 working days of your next due payment. You do not need to give us any reason for cancelling your subscription nor will you have to pay any penalty. We may ask for a cancellation reason to help us to improve our performance, however this is optional and will not impact your ability to cancel.
3.2 You can re-subscribe at any time following your deactivation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
4. Cancellation by us
4.1 We reserve the right to cancel the contract between us if:
4.1.1 we have insufficient stock to deliver the goods you have ordered;
4.1.2 we do not deliver to your area; or
4.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical or software error or an error in the pricing information received by us from our suppliers.
4.2 If we cancel your contract we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
4.3 We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision. Such reasons may include (but not limited to) suspicion of fraud.
5. Delivery of goods to you
5.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
5.2 Dispatch will be made as soon as reasonably possible after your order is accepted and in any event within 30 days of your order. We cannot guarantee the estimated delivery times listed on our website.
5.3 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.
6. Your account and password
6.1 If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any third party.
6.2 You may not authorise others to access our site using your username and password (if applicable) and you may not assign or otherwise transfer your account to any other person or entity. If you know or suspect that anyone other than you knows or has obtained your username or password (if applicable), you must immediately notify us at [email protected] and change your password.
6.3 You are responsible for the acts and omissions of any third parties who use your username or password (if applicable) to access our site, whether fraudulently or not, and you agree to reimburse us on demand for any loss we may suffer as a result of such use.
7. Liability
7.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.
7.2 If you do not receive the goods ordered within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
7.3 If you notify a problem to us under clauses 7.1 or 7.2 above, our only obligation will be, at your option:
7.3.1 to make good any shortage or non-delivery;
7.3.2 to replace or repair any goods that are damaged or defective; or
7.3.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
7.4 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 7.3.3 above.
7.5 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.
7.6 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
7.7 You are responsible for ensuring that all items sold to you are appropriate for your use and do not contain any substances that may cause you harm please make a written enquiry of us if you want to know any substances used in the products sold and/or in their manufacturing process and/or packaging
8. Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address and all notices from us to you will be displayed on our website from to time.
9. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
10. 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.
11. Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.
12. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available under any applicable law.
13. Governing law
The contract between us shall be governed by and interpreted in accordance with the laws of England and Wales and the English courts shall have jurisdiction to resolve any disputes between us.
14. Entire agreement
14.1 These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
14.2 The content on our site is provided for general information only. It is not intended to amount to advice on which you should solely rely.
14.3 Although we make reasonable efforts to update the information and content provided on our site, we make no representations and give no warranties or guarantees, whether express or implied, that such information and content is accurate, complete or up-to-date.
15. Trademarks
15.7 “TOTM” and “Be kinder to your vagina” are trademarks of TOTM Limited. We reserve all rights in these trademarks, the totm.com domain name and all related domains and subdomains.
15.8 Other trademarks, products and company or brand names mentioned on our site may be the trademarks of their respective owners or licensors and all rights in such trademarks are reserved to their respective owners or licensors.
16. Returns and Refunds
16.1 We want you to be happy with your TOTM products, however due to the nature of the products we cannot accept returns due to change of mind, change of circumstance or if you have missed the ‘skip my order’ opportunity.
16.2 Refunds will only be accepted if the goods are faulty, have wrongly been described or you receive an incorrect order. Please contact us within 14 days of delivery by either email – [email protected] or by telephone 02920 098 822.
17. Our right to vary these terms and conditions
17.1 We have the right to revise and amend these terms and conditions from time to time.
17.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
