Terms and Conditions
1. Status of Terms
2. Place of performance and applicable law
3. Placing an order
4. Returns Policy
4.2 If you exercise your right to cancel your order after the goods have been despatched, you will be responsible for returning the goods to Toxic at your own risk and cost, therefore, we strongly recommend you use an insured delivery method such as Royal Mail Special Delivery. All returns are subject to the following conditions, except where the goods are faulty or incorrectly described on the website.
- Your product must be complete and in 'as new' condition (e.g. if you have opened the box to examine the product you must have done so without damaging or marking the product or packaging).
- It must not have been used or installed. It should be returned with the original box, packing and accessories you received with it.
- Software, memory cards, DVDs, and Pre-recorded videotapes can only be accepted if still sealed. This policy is to avoid any potential breach of the Copyright, Designs and Patents Act (CDPA) 1988. All opened software is exempt from return under the terms of the distance Selling Regulations (SI2334/2000). Software that arrives damaged or is physically faulty may be returned under our normal returns policy.
- This offer does not apply to film, developing or printing services.
- A proof of purchase must be supplied.
- You must return any free gifts which came with the product.
- We will not refund any items that have been specially ordered to your individual specification or personalised.
- Goods returned outside the 7 days cancellation period (but within 28 days of receipt) that can not be re-sold as new will only be refunded to their mail order return value and a credit note may be issued.
Where we have made a charge for postage, this will be deducted from your refund if the goods have been dispatched to you.
4.3 You cannot cancel your purchase when:
- the seal has been broken on any videotapes, DVDs, CDs, memory cards, or software; or
- the goods were a special order to your specification; or
- 28 days has elapsed following receipt of the goods
Until such time as you return the goods to us you must take reasonable care of the item(s) and not use them. Any use of the delivered goods beyond that necessary to inspect the goods upon delivery will invalidate your right to cancel the contract.
4.4 Authorising the Return You must prior to returning any goods received, contact our Customer Services on 01234 828834 or e-mail us at firstname.lastname@example.org stating your name, a description of the goods or services concerned and the order number of the cancelled order. Failure to do so will result in a delay in processing your refund or the product being returned to you. All authorised returns must be returned to Toxic, Returns Dept., Unit 2A Kinsbourne Farm, Bury End, Stagsden, Bedfordshire MK43 8TS.
4.5 Faulty or incorrectly described Goods
You will always have the option of an exchange or refund if the fault occurs within 28 days of delivery. If there is a fault with your product within 6 months of delivery but after the first 28 days, we will always offer a repair in the first instance. As an exception you may be offered an exchange or (full or partial) refund. After 6 months but within 12 months we will offer a repair only. In all cases we reserve the right to inspect the product and verify the fault and, if no fault is found return the product to you. No refund will be processed until the returned goods have been received by ourselves and an appraisal made as to any fault.
4.6 To qualify for a refund or exchange the products must be:
- in otherwise "as new" condition; and
- complete with any accessories and free gifts offered with it (and, if possible, the original box and packaging and warranty).
4.7 Following us receiving your instruction to cancel your order you will be refunded within 30 days.
4.8 This promise does not cover faults caused by accident, neglect, misuse or normal wear and tear.
4.9 Any refund due to a fault or other defect within the first 6 months of purchase will include a refund of the delivery charge. We will also pay for your costs of returning the goods for replacement or refund providing you have not had the goods longer than 6 months. Outside of 6 months you will be responsible for covering the costs of returning the goods, we strongly recommend you use an insured method such as Royal Mail Special Delivery. Replacement goods are sent by standard delivery only (i.e. premium services are not available)
4.10 THIS RETURNS POLICY DOES NOT AFFECT YOUR LEGAL RIGHTS. DETAILS OF YOUR LEGAL RIGHTS ARE AVAILABLE FROM THE CITIZENS ADVICE BUREAU OR CONSUMER DIRECT.
6. Limitation of Liability
6.1 Nothing in this Agreement shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of Toxic.
6.2 Subject to clause 6.1, you agree that Toxic shall not be liable either in contract, tort, negligence, statutory duty or otherwise, for any direct loss or damage (including loss or damage which is reasonably foreseeable or occurs naturally in the course of things) resulting from any acts, omissions, failures or delays occurring on or in relation to those parts of the Internet not under Toxic's direct control including, without limitation, damage for loss of business, loss of sales, non payment of sums due, loss of profits, business interruption, loss of reputation, loss of business information, or any other pecuniary loss (even where Toxic has been advised of the possibility of such loss or damage).
6.3 The only liabilities that Toxic can exclude are those arising from the following.
6.3.1 In cases where losses were not foreseeable to both parties when the contract was formed.
6.3.2 Where losses were not caused by any breach on the part of Toxic.
6.3.3 For any business losses, and/or losses to non-consumers.
All designs, text, graphics and their selection and arrangement on this site are the copyright of 3 Legged Thing LTD t/a Toxic or its content providers. As a visitor to the morallytoxic.com site you are licensed to copy electronically or to print portions of this site for your own personal, non-commercial use. Any other use of materials on this site without our prior written consent is strictly prohibited.
10. Matters Beyond our Reasonable Control
3 Legged Thing Ltd t/a Toxic shall not be held liable for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of God, fire, lightning, flood, or extremely severe weather, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), acts or omissions of Internet services providers or acts of local or central Government or other incompetent authorities.
In the event of conflict or inconsistency between the terms of the English language version of this Agreement and any translation provided by us, the English language version shall prevail.
Just to clarify, that's English English, not Somewhere-Else English. From England. Where the Hobbits roam (except the fake ones on the telly that actually hail from New Zealand).