Terms of Service
1) Scope – these Terms & Conditions (“the Terms”) shall apply to all quotations and offers made by Rhoda Oluwadunbarin trading as T’dayo of Unit 32709, PO Box 4336, Manchester M61 0BW (“T’dayo”) and any purchase orders accepted by T’dayo. The Terms shall apply to all sales made by T’dayo.
2) The Contract – by placing an order with T’dayo, either directly or via their website the “Customer” (or “You”) is offering to purchase Products from T’dayo on the basis of these Terms. The contract shall only be formed when T’dayo acknowledges acceptance of the order in writing or upon despatch of the Products. No pricing made available by T’dayo shall constitute an offer capable of acceptance and T’dayo expressly reserves the right to amend its prices at any time. Any images, drawings or descriptions made available by T’dayo in any form or via any medium whatsoever are produced for guidance only and do not constitute part of an offer or part of the contract unless expressly agreed in writing. You are responsible for checking that the terms and details of any order are correct and accurate.
3) Contract Variations –
i. T’dayo reserves the right to vary or alter the specifications of its Products at any time and without notice unless otherwise agreed in writing with the Customer.
ii. Any contract variation by You must be submitted either orally or in writing to T’dayo for assessment as to impact on price and delivery. Such variation will not have contractual legal effect until agreed in writing by both parties.
4) “Products” – Products governed by these Terms means any Products produced or sourced by T’dayo as listed in the order and may include:
i. Standard list Products – these are part of T’dayo’s standard range of Products which are available for purchase by all customers and are publicised as being for general sale in company marketing documents and/or on the company website;
ii. Bespoke Products – these are non-standard Products designed and produced by T’dayo to the explicit instructions and requirements of the Customer;
iii. Sourced Products – these are Products sourced by T’dayo from third party suppliers and made available for sale under lawful agreement either in their sourced form or incorporated into T’dayo’s own Products;
iv. Customer Nominated Sourced Products – these are Products sourced from a third party supplier at the Customer’s request and supplied to the customer either in the sourced form or incorporated into T’dayo’s own Products. T’dayo accepts no responsibility or liability for the performance, quality or delivery of these Products.
5) Pricing –
i. All pricing quoted is inclusive of VAT if applicable and any other applicable taxes or duties which will be charged at the prevailing rate where applicable.
ii. Unless otherwise stated all pricing is exclusive of any delivery charges.
6) Delivery –
i. Although T’dayo shall try in all good faith to meet Product delivery dates they are not guaranteed but are estimates based upon the information available to T’dayo at the time of order confirmation. Under no circumstances shall T’dayo be liable for any damages or losses whatsoever arising from any delay in delivery, even if caused by T’dayo’s negligence, unless there is specific written agreement between T’dayo and the Customer. Liability of T’dayo shall be limited at T’dayo’s sole discretion to;
a) Delivering the Products within a reasonable time;
b) Refunding the pro-rata price based on the quantity of the Products that are undelivered.
ii. Delivery shall be made by T’dayo to the delivery location specified by You and shall require You to have a responsible person at that location to accept and sign for the Products. If there is no such person available at the specified delivery location then You agree to T’dayo leaving the Products at that location and in this case risk in the Products will pass to You at that time and no further liability shall remain with T’dayo with respect to the Products to the limit permitted by applicable law;
iii. If You fail to take delivery of the Products, delivery fails because of inaccurate delivery location information provided by You or any other reason due to Your negligence or fault then T’dayo can, at its sole discretion and without limitation to any other rights and remedies:
a) Charge You for any delivery and recovery costs of the Products to and from the delivery location together with a £50 administration fee;
b) Charge You for any storage costs in order to store the Products for future delivery;
c) Invoice at full value for any Bespoke Products;
d) Invoice at full value for any Sourced or Customer Nominated Sourced Products where such products cannot be sold elsewhere or returned for full refund to the original supplier within 15 days of the failed delivery.
7) Delivery in Instalments – if the Products are delivered in instalments then each delivery shall constitute a separate contract. Any failure by T’dayo to deliver any one or more instalment in accordance with these Terms shall not entitle You to repudiate and terminate the entire contract.
8) Inspection of the Products – it is Your responsibility to check that the quantities and specifications of the Products correspond to the contract and that there are no visible signs of damage before accepting and signing for delivery.
9) Product Returns - T’dayo aims to always provide high quality Products that are fault free and undamaged. On occasion however, Products may need to be returned either because the Customer simply changes their mind or because they are not as ordered, faulty or damaged in transit. Returns are governed by the following Terms and Conditions which explain your legal rights and obligations in returning the Products:
i. Please Note – consumer’s legal rights: when You buy goods from a business You have a number of rights under the Consumer Rights Act 2015and Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which include the right to claim a refund, replacement, repair and/or compensation where the goods are faulty or not as described subject to certain conditions. There is no legal right to return goods because You have changed your mind unless You are based within the EU and the goods were bought via an off premises or distance selling method. In this case You are entitled to cancel the order and return the goods subject to certain conditions.
ii. You simply change your mind having bought the goods via a distance selling method e.g. website or via off premises selling. Right to cancel - if You are based within the European Union and You have bought the products through the T’dayo website or any other distance selling or off premises selling method, You have a statutory right to a “cooling off” period. This period begins once your order is complete and ends 14 calendar days after the Products have been delivered to you. If the Products are delivered to You in instalments, the 14 calendar day period begins on the day that You receive the final instalment. If You change your mind about the goods within this period, please inform T’dayo within 14 calendar days of receipt in writing or by fax or email. Products must be returned to T’dayo within 14 calendar days of the day on which You inform T’dayo that You wish to return the Products. You are responsible for paying return shipment costs if Products are returned for this reason. Refunds will be issued no later than 14 calendar days after T’dayo receives the Products or receives evidence of the return of the Products and will include costs of standard initial delivery charges. We regret that additional costs such as express delivery and gift-wrapping cannot be refunded. T’dayo may not be able to accept returns under the cooling off period of the following types of Products and/or taking into account the following circumstances:
a) Products made to your specifications or that have been personalised;
b) Products which are sealed for health or hygiene reasons that have been unsealed after delivery;
c) If You have had any use or enjoyment out of the Products beyond handling them to the extent necessary to establish the nature, characteristics and functioning of them (such as you would, for example, handle a display item in a shop). In this case T’dayo can reduce the amount of refund in accordance with their diminished value up to the value of the Products. Please note that opening packaging does not prevent you from returning Products unless the Products fall under sub-Clauses b) or c) and in any event does not include the opening of delivery packaging, only the packaging of the product itself. Clothing products must be returned unwashed and with the original tags still attached.
It is the Your responsibility that the Products are stored safely and in good condition and returned in either the original packaging or other suitable packaging to prevent damage in shipment. If Products are damaged because of poor storage conditions or poor return packaging then the amount of refund can be reduced to reflect their diminished value.
iii. You simply change your mind having bought the goods via a regular on premises selling method e.g. in a shop or other establishment – You have no statutory or other legal right to return the Products. However, T’dayo does operate a returns scheme under the following conditions: [insert company returns scheme]
iv. Products are not as described, not as ordered, faulty or damaged in transit – in this situation You have a right to return the Products for either refund or replacement. You should contact us within 30 calendar days to arrange collection and return. You will be given the option to have the Products replaced or to be refunded through the payment method used by you when purchasing the Products. T’dayo are fully responsible for paying all return shipment costs together with the shipment costs for any replaced Products. Replacements will be issued upon the receipt of the returned Products by T’dayo. Refunds will be issued within 7 working days and in any event no later than 30 calendar days after receipt of the returned Products and will include standard initial delivery charges. We regret that additional costs such as express delivery and gift-wrapping cannot be refunded. Clothing products must be returned unwashed and with the original tags still attached.
It is the Customer’s responsibility that the Products are stored safely and in good condition and returned in either the original packaging or other suitable packaging to prevent damage in shipment. If Products are damaged through use or because of poor storage conditions or poor return packaging then the amount of refund can be reduced to reflect their diminished value.
10) Payment –
i. T’dayo will grant credit at its absolute discretion and reserves all rights to refuse credit to the extent of applicable law.
ii. T’dayo may in some circumstances require a non-refundable deposit to be paid at the time of order.
iii. Unless otherwise agreed in writing payment for all Products must be made in advance and in full, without any deductions unless agreed in writing. Time for payment shall be of the essence and Products will not delivered unless full payment has been made.
iv. Failure to pay any overdue invoices or charges shall entitle T’dayo to suspend any unexecuted or future orders without further notice and at their sole discretion.
v. If failure to pay is due to any cheques, standing orders or directs debits in the Customer’s name being dishonoured then this will invoke clause 10(iv) together with a further charge of £80 to cover bank and administrative costs.
11) Risk, Title and Ownership – risk in the Products will pass to You upon delivery. Ownership is established by the transfer of title which shall not pass to You until payment has been made in full and the funds have been cleared. Until title has passed You must:
i. Store the Products safely in suitable conditions;
ii. Maintain in good condition and do not destroy or deface any labelling, identifying marks or packaging associated with the Products.
You shall not be entitled to resell the Products until title has passed to You.
12) Intellectual Property - all Intellectual Property Rights in the Products or created during the performance of any contract governed by these Terms are and shall remain the property of T’dayo. Unless confirmed in writing and signed by an authorised representative of T’dayo nothing in the terms of this agreement shall vest any ownership rights in the Customer.
13) Termination of Contract –
i. Cancellation by You - any contract governed by these Terms may not be cancelled by You without T’dayo’s consent. Upon giving consent T’dayo reserves the right to charge a cancellation fee relating to Products that are the subject of the contract in order to cover liquidated losses by T’dayo arising from the cancellation.
ii. Cancellation by T’dayo – T’dayo can terminate any contract governed by these Terms immediately upon written notice to the Customer and suspend any further deliveries if the Customer fails to perform any of its obligations within the contract.
14) Limitation of liability – T’dayo limits its liability to the maximum extent permitted by applicable law and we expressly exclude:
i. All representations, warranties and conditions relating to the supply of the Products and the use of them including, without limitation, any warranties implied by law in respect of satisfactory quality or fitness for purpose.
ii. Any liability for any direct, indirect or consequential loss or damage incurred by you in connection with use of the Products. This includes, but is not limited to, liability in respect of the Customer and/or any 3rd party for: Loss of income or revenue; Loss of profits; Loss of business; Loss of data; Loss of goodwill; Loss of opportunity; Any indirect, consequential or special loss or damage; Wasted management or staff time;
Nothing in this disclaimer will:
i. Limit or exclude your or our liability for death or personal injury resulting from negligence;
ii. Limit or exclude your or our liability for fraud or fraudulent misrepresentation;
iii. Limit any of our liabilities in any way that is not permitted under applicable law;
iv. Exclude any of our liabilities that may not be excluded under applicable law.
Subject to the preceding provisions the limitations and exclusions of liability govern all liabilities arising from the supply of the Products and/or Services under contracts governed by these Terms including all liabilities arising in contract, tort (including negligence) and for breach of statutory duty.
15) Data Protection – We aim to comply with the General Data Protection Regulation 2016 (GDPR) and the Data Protection Act 2018 in all respects including in the spirit of the need to treat your personal data with respect and to keep it safe. We will only collect and use your personal data in the ways that are described in our Privacy Notice, and in a way that is consistent with our obligations and your rights under the law.