TERMS AND CONDITIONS OF TRADE FOR 2TALL.COM
"Customer" means any person whomsoever who orders Products online and engages 2tall.com to supply the Products online and shall include any officer, employee or agent of the Customer as the case may be;
"2tall.com" means 2tall.com Retail Limited;
"Force Majeure" means any, act of God, pandemic, strike, lock out, war, act of terrorism, flood, lightening, fire, explosion, earthquake, civil commotion or riot;
"Products" means the supply to Customers by 2tall.com of clothing and footwear and related items;
"these Terms" mean these terms and conditions.
1.2 The singular includes the plural and vice versa and any gender includes all genders
1.3 The clause headings are inserted for ease of reference only and shall not affect the interpretation or construction of these Terms.
2. SCOPE OF THESE TERMS AND FORM OF AGREEMENT
2.1 These Terms shall prevail over any terms put forward by the Customer, unless 2tall.com expressly agrees to them in writing.
2.2 2tall.com will not accept any amendments by the Customer to these Terms. 2tall.com may change these Terms from time to time without notice to the Customer. Changes will apply to any subsequent orders received.
2.3 The Customer shall not at any time whatsoever make use of or disclose for his own benefit or for or to or on behalf of any other person, firm or company, any confidential information which he now possesses or may posses relating to the business of 2tall.com or its affairs or of any suppliers, customers or other persons having dealings with 2tall.com and shall use his best endeavours to prevent the publication or disclosure of any such confidential information.
3A ORDERING OF PRODUCTS
3A.1 When placing an order for any Product, the Customer shall state, specifically, which Products the Customer desires to purchase and shall also at the same time confirm to 2tall.com, at their own risk, their home address, telephone number, delivery requirements and selected payment method including credit card details together with such other details that may be requested at that time from the Customer by 2tall.com.
3A.2 Any orders received by 2tall.com after 4pm shall be deemed to be received the following day.
3A3 The Customer can check the status and progress of his order at any time by logging on to 2tall.com's "your account" section.
3A.4 All orders are made subject to acceptance by the Customer of these Terms.
3A.5 Fulfilment of any order for Products is subject to stock availability and acceptance by 2tall.com of the Customer's order. 2tall.com is under no obligation to fulfill any Customer order. Acceptance of the order is classified as at the point that an order is despatched - upto which point 2tall.com may cancel the order.
3B DELIVERY OF THE PRODUCTS AND RISK
3B.1.1 When the order is available for delivery, 2tall.com will give the customer notice in accordance with these Terms and arrange for the Products to be delivered to the Customer pursuant to the Customers requirements as specified to 2tall.com in terms of Clause 3A.1.
3B.1.2 If the customer is not home at the time of delivery, the courier will attempt to deliver to a convenient neighbour instead, at the sole discretion of the courier. If for any reason the customer misses the delivery, they are required to contact the courier directly and re-arrange the delivery, or pick it up from the couriers depot. If the customer fails to do this, the parcel will be returned to us by the courier at the customers expense after 7 days. Any refund given to the customer will be less the costs incurred in arranging the reverse logistics. In the event that it's not cost effective to return the consignment to us, the courier will usually destroy it, or donate it to charity.
3B.1.3 Risk as regards all loss or damage to the Products shall only pass to the Customer when 2tall.com has delivered the products to the Customer.
3B.1.4 If the Products are lost or damaged due to any act, error, omission or neglect on the part of any carrier/courier, 2tall.com shall use its best endeavours to replace the Products with an identical or similar model as soon as reasonably practicable on being notified of such loss or damage. The customer is required to notify 2tall.com within 7 days of delivery if the item(s) is damaged on arrival or missing any parts.
3B.1.5 Delivery can only be made to addresses outlined on the delivery information pages of 2tall.com.
3B.2 The date and time for delivery of any Products in accordance with these Terms is not a contractual commitment, but an estimate only. 2tall.com shall deliver the Product within thirty days, unless 2tall.com and the Customer have agreed a longer delivery period. If 2tall.com cannot deliver the Product within the period of thirty days or such longer delivery period as may have been agreed, 2tall.com shall immediately notify the Customer and agree another time for delivery. If neither 2tall.com nor the Customer can agree on another time for delivery, 2tall.com shall offer the Customer a refund of any monies paid to 2tall.com for the Product.
3B.3.1 Products are not delivered on a trial basis. The Customer shall upon receipt of the Products inspect the Products and if the Products conform to the Customers contract specifications, the Customer, or if not aged 18 or over, an adult aged 18 or over shall sign the delivery note accepting the Products.
3B.3.2 If the Products do not conform to the Customers contract specifications, the Customer must notify 2tall.com of any shortages, defects in the Products or any other complaint in respect of them within twenty-eight working days from the date of receipt. If 2tall.com delivers less than the contract quantity, 2tall.com shall use their best endeavours to make good the shortfall to the Customer, subject to stock availability, within 48 hours or in the absence of such stock within seven to ten working days of being notified of the shortfall by the Customer, all at the cost of 2tall.com. If 2tall.com delivers more than the contract quantity, the Customer shall either accept and pay for the quantity actually delivered or accept the contract quantity and return the excess Products to 2tall.com forthwith upon demand by 2tall.com, all at the cost of 2tall.com. If any Products are proven to be defective and such defects are notified to 2tall.com within twenty eight working days the Product or part thereof shall be replaced within three working days if stock is available or where a replacement is unavailable, the Customer shall be offered an equivalent but not identical product, or 2tall.com shall offer the Customer a full refund, within thirty days, of the price paid for the Product.
3B.4.1 The Customer shall be entitled to cancel any order made with 2tall.com, for any reason, within 14 working days from the day after receipt by the Customer of the Product, assuming that they have been delivered. The Customer shall pay the cost of returning the Products. The Products must be returned in their original condition, unworn, suitably packaged and with all labels/tags in place. For all products returned in accordance with this Clause 3B.4.1, 2tall.com shall offer a refund to the value of the products returned, or if preferred, an exchange of equal value. If an order is cancelled or delivery refused after it has been dispatched, any refund given will be less any costs incurred by us (such as return carriage fees, or customs charges) in recovering the goods. If it's not cost effective to return the item to us, the courier may donate the item to charity or destroy the goods.
3B.4.2 Gift certificates are a pre-payment for goods, not a product, and therefore cannot be returned or refunded once issued.
3B.4.3 Where products returned under warranty for repair or replacement and found not to be faulty, the Customer shall pay the cost of returning the unit and any collection charges.
3B.5 Customers may, at the discretion of 2tall.com, be able to place an order for Products which are not yet available for delivery not earlier than six months prior to the date when such products are either due to be manufactured, or imported to the United Kingdom. The Customer shall not be required to pay for the products until the products are available to be delivered to the customer.
3B.6 Fair Use. If we notice an unusual pattern of returns activity : e.g. we suspect someone is actually wearing their purchases and then returning them, ordering and returning far more than even the most loyal customer would order or the items returned don’t match what you ordered, or where we refuse multiple returns by you, then we might have to deactivate your account and any associated accounts. If this happens to you and you think we’ve made a mistake, please get in touch with Customer Care and we’ll be happy to discuss it with you.
If your account has been deactivated and you need to make a valid return, contact Customer Care. They’ll give you a returns label although you will be responsible for the cost of returning the goods to us.
4 PAYMENT OF PRICE
4.1.1 All prices quoted by 2tall.com to the Customer are in GBP pounds sterling, EUR euros or USD dollars and shall be inclusive of Value Added Tax, except when we are exporting your purchase outside the European Economic Area.
4.1.2 2tall.com accepts, as a method of payment the following:-
Mastercard, Visa, Visa Debit, American Express, and PayPal.
4.2 Save as agreed between 2tall.com and the Customer, the Customer will pay all sums due under these Terms in full before the Products are delivered to the Customer.
4.3 Prices are subject to change without notice.
4.4 The Customers obligations under the terms of Clause 4 shall not be satisfied until 2tall.com is in the receipt of cleared funds.
4.5 Unless as part of any scheme or arrangement operated by 2tall.com, 2tall.com shall not offer any Customer any discounts.
4.6 If you ask us to deliver to an address outwith the European Economic Area the price you pay will not include UK or EU VAT/TAX. However, you may be subject to import duties and taxes that are levied by your local government once the package reaches your country. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, we cannot be held responsible for delays caused by customs.
Any or all statements, recommendations, advice and opinions made or expressed, including any statements referred to or contained, in any 2tall.com website, social media, email correspondence, on-line chat sessions, news groups, brochures, catalogues, correspondence and the like are made or expressed in good faith and on the basis of information available to 2tall.com at the time. No statement, recommendation, advice or opinion or any other communication whatsoever is deemed to be a representation, undertaking, warranty, guarantee or contractual obligation on the part of 2tall.com. 2tall.com will not be liable to compensate the Customer for any loss of anticipated profits, damage to the customers reputation or goodwill, loss of expected future business or any damages, costs or expenses incurred by third parties who are not customers. In addition, 2tall.com shall not be liable to the Customer in respect of any losses suffered by the Customer where such losses were not reasonably foreseeable to both 2tall.com and the Customer when the Contract was made and 2tall.com shall not be liable for any losses incurred by the Customer unless such loss was caused by any breach of these Terms or otherwise on the part of 2tall.com.
6. FORCE MAJEURE
"Force Majeure" means any, act of God, strike, lock out, war, act of terrorism, flood, lightening, fire, explosion, earthquake, pandemic, civil commotion or riot;
6.1 If performance of 2tall.com's obligations are delayed or hindered by Force Majeure the following provisions shall apply:-
6.1.1 2tall.com will as soon as reasonably practicable give the Customer notice of the reasons for the delay or hindrance. However, failure to give such notice will not prevent 2tall.com relying on the remaining provisions of this clause, and 2tall.com will incur no liability for failure to give such notice.
6.1.2 2tall.com's duty to deliver the Products shall be suspended for as long as the circumstances amounting to Force Majeure continue, and the time for performance of 2tall.com's obligations shall be extended by a period equal to the duration of those circumstances.
Any question concerning the construction, meaning or effect of these Terms, or any dispute concerning the rights or liabilities of the parties under these Terms may, unless resolved between 2tall.com and the Customer, be referred to arbitration, which 2tall.com and the Customer acknowledge shall be governed by The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015. Any arbitration process will however be voluntary and the Customer shall not be forced to take part.
Any notice required to be given by any party hereto to the other shall be deemed validly served if served by:-
(a) prepaid registered letter post to the registered office and trading addresses of the recipient or such other address as may from time to time be notified in writing for this purpose; or
(b) personal delivery by hand; or
(c) by electronic mail,
and in the case of service upon 2tall.com shall be marked "Private and Confidential" and for the attention of the Operations Manager. Any notice so served shall be deemed to have been served:-
(i) in the case of (a) above forty-eight hours after posting the same; or
(ii) in the case of (b) above upon delivery; or
(iii) in the case of (c) above within 2 working days.
In proving service it shall be sufficient to prove that the notice was properly addressed and posted, or that delivery took place, or that the notice was emailed to the then correct email address of the party.
No waiver by any party of any of the requirements hereof or of any of their rights hereunder, shall be effective unless given in writing and signed by or on behalf of that party and no forbearance, delay or indulgence by any party in enforcing the provisions of these Terms shall prejudice or restrict the rights of that party nor shall any waiver by any party of any of the requirements hereof or any of its rights hereinafter release any other party from full performance of their obligations stated herein.
10. INTELLECTUAL PROPERTY
The Customer shall not be entitled to use or copy the trademarks, 2tall, 2tall.com, "tall is all" or names used by 2tall.com or copyright works or any other intellectual property either registered, owned or used by 2tall.com without the prior written consent of 2tall.com. The contents of 2tall.com website including all images, text and sounds thereon, unless otherwise specifically stated, are the exclusive intellectual property of 2tall.com.
11. APPLICABLE LAW
12. UNSOLICITED EMAILS
2tall.com shall not send any emails to customers, except in connection with their order and delivery of the Products, unless the Customer has consented to the receipt of emails from 2tall.com by agreeing to join the 2tall.com mailing list. The customer is free to opt out of marketing emails at any time, by following the unsubscribe link in any promotional email we send, or visiting the YOUR ACCOUNT section of the website and unsubscribing. Please note that if you unsubscribe from our mailing list, you'll no longer receive promotional emails, but will continue to receive transactional emails, for example if you place an order.
All complaints received by 2tall.com shall be acknowledged within five working days and 2tall.com shall at the point of acknowledgement provide to the Customer a reasonable estimate of the timescale involved in handling and resolving any such complaint. 2tall.com shall keep the Customer informed as to the progress of his complaint.