Terms and Conditions

Last updated: July 2023

1. Introduction

This Website is controlled and operated by Tom Martin London Limited, a company incorporated in England and Wales under company number 10877472, whose registered office is at 45 Grosvenor Road, St. Albans, Heartfordshire, AL1 3AW (referred to in these terms and conditions as “we“, “us“, “our” or “Tom Martin”).

This page sets out the terms and conditions on which we supply the goods listed on our Website. By ordering any of our goods you agree to be bound by these terms and conditions.

2. Our contact details

If you have any questions regarding us, the Website, our goods or an order that you have placed, please email: hello@tommartin.co.uk

3. Your status

By placing your order through our Website, you warrant that:

a) the information given on your order form is complete and accurate.

4. Our contract

All orders are subject to acceptance by us and availability of the requested item(s). After placing an order you will receive an email from us acknowledging that we have received your order. The email will state the item(s) you have ordered, the cost (including VAT where applicable and postage and packaging) and delivery and invoice details. If your order has been unsuccessful, you will be made aware of the reason why and possible explanations. Please note that this acknowledgment email does not mean that your order has been accepted – your order constitutes an offer to us to purchase goods. All orders are subject to acceptance by us and we will confirm such acceptance by sending you an email confirming that we have dispatched the item(s) to you (the “Dispatch Confirmation“). That email shall represent our legal acceptance of the order you made to purchase the item(s) and the contract between us (the “Contract“) will only be formed when we send you the Dispatch Confirmation.

If we confirm to you that some but not all item(s) that you have ordered have been dispatched, those item(s) that have not been dispatched will not form part of the Contract. In the event of any change, such as a change in price or expected delivery date, between the completion of your order and the sending of the Dispatch Confirmation, we shall inform you and you shall at that point have the right to either: (a) accept such change (in which case your email reply will represent a new offer which we will accept upon notification of dispatch); or (b) reject such change (in which case your email reply will represent a withdrawal of your order, or the relevant part of you order as the case may be).

5. Availability and delivery of goods

All orders from Tom Martin are giftwrapped in luxury gift boxes with our signature purple ribbon, with the exception of non-gift related items for example our hanging stands. Orders are despatched by DPD Group or The Royal Mail. Please allow 5 working days for UK delivery.

Your credit/debit card will be charged the date your order is sent to you and accepted by us.

6. Risk and title

The goods will be at your own risk from the time of delivery.

Ownership of the goods will only pass to you when we receive full payment of all sums due in respect of the goods, including delivery charges.

7. Price and payment

All prices include delivery costs, which will be added to the total amount at checkout.

All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your credit/debit card refuses to authorise payment to us, your order will not be accepted and we will not be liable for any delay or non-delivery.

Promotional discount codes – We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though www.tommartin.co.uk

The conditions of use relating to any discount/promotional code are as follows (unless otherwise stated):

a) Only one promotion code can be used per order. A promotional code can’t be used after an order has been placed.

b) Promotional codes cannot be exchanged for cash.

c) You shouldn’t pass your promotional code to anyone else – you should keep it confidential and only use it for your own purchases through www.tommartin.co.uk.

d) If we consider the use of a specific promotional code abuses the spirit in which the promotional code was issued, then we can cancel or withdraw that promotional code at any time, and without letting you know beforehand.

8. Export

Tom Martin delivers worldwide. For delivery outside the UK, you will be responsible for obtaining all necessary licences and complying with all applicable legislation and regulations governing the export of goods from the UK and the importation into the country of destination. You will also be responsible for the payment of any applicable import duties and taxes.

9. Cancellations and Returns

If you wish to cancel an order before the goods are despatched please email hello@tommartin.co.uk

You may return goods for a full refund at any time up until one month after the day you receive the order.

You must inform us in writing by sending an email to hello@tommartin.co.uk, stating your order reference as stated on your order acceptance email. You must return the goods to us in the same condition in which you received them and at your own cost and risk.

Private and corporate commissioned items are non-refundable.

Faulty or Incorrect items – please inform us as soon as possible by sending an email to hello@tommartin.co.uk, stating your order reference.Your statutory rights as a consumer are not affected.

10. Refunds

Refunds will be processed within 5 working days from the date of receipt to us, to the same card used to pay for your purchase. Unless goods are Faulty or Incorrect, you will be responsible for the cost of returning the goods to us.

11. Secure shopping

We place great importance on maintaining the security of the information that you provide via the Website and for this reason we use advanced internet security systems to safeguard your information. In addition, the Website is protected by a SSL Certificate ensuring that all information you provide via the Website, including your credit/debit card number, name and address, is encrypted and converted into code before it is transmitted over the internet. Therefore, in the extremely unlikely event that this information should be intercepted, it would be encrypted and difficult to decipher.

12. Access to and use of the Website

We are the owner or the licensee of all intellectual property rights in the Website, the material on the Website (including all text, data, databases, graphics, layout, logos, images, audio material, clips, films or other moving images, item details and/or software published or otherwise made available on the Website from time to time) and the trade marks displayed on the Website.

Subject to these terms and conditions, we grant you a limited, temporary, revocable, and non-exclusive licence to access, browse and use the Website for your personal and non commercial use only. Where specified on the relevant part of the Website, the licence granted in these terms and conditions may be limited to a particular period of time and/or may be subject to additional terms and conditions.

Except as set out in the limited licence above (or as required under any applicable law), no part of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent. In particular, you are not permitted to republish any part of the Website on another website, in any other medium (print, electronic or otherwise) or as part of any commercial service without our prior written permission. All the intellectual property rights referred to above remain owned by us or our relevant licensor.

13. Acceptable use of the Website

While accessing, browsing and/or using the Website you must:

(a) comply with all applicable laws, regulations and codes of practice;

(b) not impersonate another person or use a false name or email address;

(d) not solicit funds, advertisers or sponsors;

(e) not deep-link to and/or frame or use framing techniques to enclose the Website, or any part of the Website, without our prior written consent;

(f) not modify, or attempt to modify, all or any part of the content on the Website;

(g) not gain or attempt to gain unauthorised access to the Website, the server on which the Website is stored or any third party server, computer or database connected to the Website;

(h) not post, transmit, submit, refer to, make available or link to or from any material which (in our sole opinion):

(i) is untrue, fraudulent, inaccurate or incomplete; and/or

(ii) is obscene, threatening, menacing, offensive, defamatory, abusive, causes annoyance, inconvenience or needless anxiety, is in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright) or otherwise is in breach of or violates any applicable law or regulation or code, and/or

(iii) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Website; and/or

(iv) which contains any virus or other harmful code, or which may otherwise impair or harm the Website or our computer systems or any third party computer system.

14. Disclaimer

Neither we nor any of our data providers or affiliates gives any warranty or guarantee: (a) relating to the availability of the Website; (b) that the Website and/or our operation of it, the content or the server that makes the Website available, are error or virus free or free of other harmful components; or (c) that your use of the Website will be uninterrupted.

Although we take every care to ensure accuracy, we make no warranties as to the accuracy of the information we place on our Website.

15. Limitation of liability

We will only be responsible for any losses you suffer as a result of us breaching these terms and conditions and/or any Contract if the losses were reasonably foreseeable to both you and us when you started using the Website or when a Contract was formed.

We will not be responsible for any indirect or consequential loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) that is not reasonably foreseeable to both you and us when you started using the Website or when a Contract was formed.

Notwithstanding any provision of these Terms, we do not exclude or limit our liability for:

(a) death or personal injury caused by our negligence or that of any of our officers, employees or agents; or

(b) fraud or fraudulent misrepresentation; or

16. Liability

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events or circumstances outside our reasonable control.

17. General

If the whole or any part of any provision of these terms and conditions is or becomes invalid, void or unenforceable for any reason, the same shall, to the extent required, be severed from these terms and conditions and rendered ineffective so far as is possible without modifying the remaining provisions of these terms and conditions and shall in no way affect the validity or enforceability of any other provisions.

These terms and conditions supersede all prior agreements, arrangements and understandings between you and us concerning the Website and/or any Contract and constitute the entire agreement between you and us in respect of the access, browsing and use of the Website as well as the purchase of items made via the Website.

We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or been implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

No waiver by us of any breach of these terms and conditions shall constitute a waiver of any other prior or subsequent breach and we shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of your obligations.

These terms and conditions are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.

The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

18. Governing law and jurisdiction

These terms and conditions, your use of the Website and/or any Contract shall be governed by and construed in accordance with English law and the English courts shall have non-exclusive jurisdiction over any dispute which may arise.

19. Privacy

The type of information that we collect via the Website includes: your first name and family name, email address, postal address and credit/debit card details. We also record additional information that you provide to us as a result of your use of the Website. This includes, for example, information provided in the context of online registration, email enquiries and the provision of goods or services.

“Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive. The cookies used on this Website do not in themselves recognise the individual user but will recognise the computer you are using so that we know when that computer is used to return to the Website. Most browsers will automatically accept cookies, but you can change the settings on your browser to prevent this from happening.

We may use third parties to perform functions on our behalf in relation to the Website and the purposes set out in this Privacy Policy. Examples include credit/debit card payment services, Website hosting and order fulfilment. Such third parties may be provided with access to your information if needed to perform their specific functions, but may not use such information for any other purpose.

We may also disclose your information to third parties where necessary to comply with applicable laws and regulations, where there is a complaint relating to your use of the Website and/or for the purposes of obtaining professional advice (for example, legal advice).

We may share information about visitors to this site in an anonymous or aggregate form with third parties including advertisers, business partners, and sponsors, to understand customer trends and patterns and manage and improve our business relationships.

It is possible that we could merge with or be acquired by another business or that the operation of the Website will be transferred or sub-contracted to another legal entity. To the extent legally permissible, we may share with, or otherwise transfer your information to, the resulting legal entity.

The Website may contain links to or from other websites. Please be aware that we are not responsible for, and have no control over, the privacy practices of other websites. This Privacy Policy only applies to the information that we collect via this Website.

Do not send credit/debit card details via standard email, as this is not secure. In the unlikely event of unauthorised credit/debit card use please be sure to contact your card issuer immediately as per your contractual arrangement with them.

The information that you submit to us via the Website is stored on servers in a secure location. The location of our servers is subject to change. Your information will not be stored for longer than is necessary for the purposes set out in this Privacy Policy.

If you would like to access the personally identifiable information we have collected about you via the Website, or if you would like to cancel, correct or update your information, you may email us at hello@tommartin.co.uk

Website Terms of Use

1. Our Website

The Website: www.tommartin.co.uk, www.tommartinlondon.com, www.tommartinlondon.co.uk, www.tommartin.london and www.tommartinlondon.trade (our Site) is controlled and operated by Tom Martin London Limited, a company incorporated in England and Wales under company number 10877472, whose registered office is at 45 Grosvenor Road, St. Albans, Heartfordshire, AL1 3AW (referred to in these terms and conditions as “we“, “us“, “our” or “Tom Martin”).

This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our Site whether as a guest or a registered user. Use of our Site includes accessing, browsing, or registering to use our Site.

Please read these terms of use carefully before you start to use our Site, as these will apply to your use of our Site. We recommend that you print a copy of this for future reference.

By using our Site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our Site.

We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you. The date these terms were last amended is displayed at the top of this webpage.

2. Access to and use of the Site

Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hello@tommartin.co.uk.

3. Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in the Site, the material on the Site (including all text, data, databases, graphics, layout, logos, images, audio material, clips, films or other moving images, item details and/or software published or otherwise made available on the Site from time to time) and the trade marks displayed on the Site.

Subject to these terms and conditions, we grant you a limited, temporary, revocable, and non-exclusive licence to access, browse and use the Site for your personal and non commercial use only. Where specified on the relevant part of the Site, the licence granted in these terms and conditions may be limited to a particular period of time and/or may be subject to additional terms and conditions.

Except as set out in the limited licence above (or as required under any applicable law), no part of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent. In particular, you are not permitted to republish any part of the Site on another Site, in any other medium (print, electronic or otherwise) or as part of any commercial service without our prior written permission. All the intellectual property rights referred to above remain owned by us or our relevant licensor.

4. Limitation of our Liability

Nothing in these terms of use excludes or limits 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.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

a) use of, or inability to use, our site; or

b) use of or reliance on any content displayed on our site.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and conditions of Sale.

5. Acceptable use of the Site

While accessing, browsing and/or using the Site you must:

(a) comply with all applicable laws, regulations and codes of practice;

(b) not impersonate another person or use a false name or email address;

(d) not solicit funds, advertisers or sponsors;

(e) not deep-link to and/or frame or use framing techniques to enclose the Site, or any part of the Site, without our prior written consent;

(f) not modify, or attempt to modify, all or any part of the content on the Site;

(g) not gain or attempt to gain unauthorised access to the Site, the server on which the Site is stored or any third party server, computer or database connected to the Site;

(h) not post, transmit, submit, refer to, make available or link to or from any material which (in our sole opinion):

(i) is untrue, fraudulent, inaccurate or incomplete; and/or

(iv) which contains any virus or other harmful code, or which may otherwise impair or harm the Site or our computer systems or any third party computer system.

6. Disclaimer

Neither we nor any of our data providers or affiliates gives any warranty or guarantee: (a) relating to the availability of the Site; (b) that the Site and/or our operation of it, the content or the server that makes the Site available, are error or virus free or free of other harmful components; or (c) that your use of the Site will be uninterrupted.

Although we take every care to ensure accuracy, we make no warranties as to the accuracy of the information we place on our Site.

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

7. Applicable Law

Please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction.

8. Trade Marks and Copyright

Our trademark includes the Tom Martin London name and logo. Tom Martin London and TOM MARTIN LONDON (stylised logo) are UK registered trademarks of Tom Martin London Limited, filed under Trade mark number UK00003392484.

These trademark may be in use and/or registered in more than one country and your use and access of our website does not give you any rights to use our trade marks. All other trademarks are the property of their respective owners.

All content included on this website (including, without limitation, the trademark of Tom Martin, logos, graphics, text, photos, designs, artwork, logos, icons and images) is the property of Tom Martin London Limited, its affiliates and licensors and as such is protected by international and UK copyright laws and treaties and other intellectual property laws.

You must not reproduce all or any part of the contents of this website except in accordance with this agreement.

You may download or print pages from this web site but only for your own personal use and you may not make any modification to them.