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Tuffa Footwear Limited - Terms & Conditions of Sale

These terms and conditions set out:

  • your legal rights and responsibilities
  • our legal rights and responsibilities, and
  • certain key information required by law

In these terms:

  • We, us or our means Tuffa Footwear Limited, and
  • You or your means the person buying goods from us

If you don't understand any part of these terms and conditions and want to talk to us about it, please contact us by:

  • e-mail sales@tuffaboots.com (emails will usually be responded to Monday to Friday, 9am to 5pm, excluding public holidays), and
  • telephone 01953 880914 (a staff member is usually available to take your call Monday to Friday, 9am to 5pm, excluding public holidays).

Who are we?

We are registered in England and Wales under company number: 08531814.

Our registered office is at: 117 Charterhouse Street, London EC1M 6AA.

Our VAT number is: 165 484 092

Our trade office is at: Barton House, Dereham Road, Ovington, Thetford, Norfolk IP25 6SB.

Any complaint should be addressed to our trade office.

Our telephone number is: 01953 880914

Our email address is: sales@tuffaboots.com

Our website address is: www.tuffaboots.com

  1. Introduction
    1. If you buy goods on our website or from us by telephone you agree to be legally bound by the contract between you and us which includes these terms and conditions.
    2. These terms and conditions are only available in English. No other languages will apply to the contract between you and us.
    3. When buying any goods you also agree to be legally bound by:
      1. our Website Terms and Conditions and any documents referred to in them
      2. specific terms which apply to certain goods. If you want to see these specific terms, please visit the relevant webpage for the goods
      All these documents form part of the contract between you and us as though set out in full here.
    4. If any part of the terms of the contract between you and us is found by a court (or tribunal or other administrative body of competent jurisdiction) to be unenforceable or invalid for any reason, that provision is to be severed from the terms and conditions and the remaining provisions of the contract will otherwise remain in full force.
    5. The headings used in these terms and conditions are for convenience only and do not affect the interpretation of the relevant clause.
    6. No one other than a party to the contract has any right to enforce any term of the contract between you and us.
  2. Information we give you
    1. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
      1. click on the product information page
      2. read the Confirmation Email (see clause 3.1.4)
      3. contact us by using the contact details at the top of this page.
    2. The key information we give you by law forms part of the contract between you and us (as though it is set out in full here).
    3. If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
  3. Ordering goods from us
    1. Ordering goods via our website. You place an order on our website by selecting what you wish to purchase and proceeding through the checkout process. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.
      1. When you place your order at the end of the online checkout process (eg when you click on the “Confirm Order & Pay” button), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted. Your order is an offer to purchase the goods.
      2. We may contact you to say that we do not accept your order. This is typically for the following reasons:
        (a) the goods are unavailable
        (b) we cannot authorise your payment
        (c) you are not allowed to buy the goods from us
        (d) we are not allowed to sell the goods to you
        (e) you have ordered too many goods
        (f) there has been a mistake on the pricing or description of the goods
      3. If you are ordering personalised goods or goods made to your specification, we may need to contact you again before your order can be accepted so that we can discuss the goods further and confirm with you any measurements or other specifications provided.
      4. We will only accept your order when we email you to confirm this (Confirmation Email). At this point a legally binding contract will be in place between you and us and we will start to arrange for despatch of the goods to you.
    2. Ordering goods from us on the telephone. Orders can be placed in English by calling us on 01953 880914 and speaking to a member of our customer services team. They are usually available Monday to Friday, 9am to 5pm, excluding public holidays. You will ensure that you give our customer services team the correct information relating to your order which will include the items you wish to purchase, your name, address, email address and payment information. Your order is an offer to purchase goods. If you are ordering personalised goods or goods made to your specification, we may need to contact you again before we can accept your order so that we can discuss the goods further and confirm with you any measurements or other specifications provided. We will only accept your order when we confirm to you that the order is accepted at which point a legally binding contract will be in place between you and us and we will start to arrange for despatch of the goods to you. We will send you an email to confirm your order (where possible). If we do not have your email address then we will send written confirmation of your purchase to you by post.
    3. For the avoidance of doubt, all information on our website is an invitation to treat only and is not an offer.
    4. If you are under the age of 18 you may not buy any goods from us on the website or by telephone.
    5. Some goods available to purchase from us may be able to be personalised for you or otherwise made to your specification. If you purchase such goods from us then please be aware that you are responsible for providing us with the correct information relating to the goods. We will not be responsible for losses as a result of incorrect information provided to us. Personalisation of goods and goods made to your specification is subject to practical limitations and we may refuse your request at our discretion.
  4. Right to cancel the contract
    1. Subject to the terms of this clause, you have the right to cancel the contract between you and us within 14 days without giving any reason. However, you do not have right to cancel the contract between you and us if:-
      1. the payment to be made by you to us under the contract between you and us is not more than £42; or
      2. we supply goods which are made to your specification or are personalised.
    2. If you have the right to cancel the contract, the cancellation period will expire after 14 days from the day on which you acquire or a third party (other than the carrier) indicated by you acquires physical possession of the goods.
    3. To exercise the right to cancel, you must inform us of your decision to cancel the contract by a clear statement by phone/email. You can use the returns form sent out with your order.
    4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
    5. In the event that you wish to cancel the contract between you and us due to the goods being of the wrong size, we would be happy to discuss our Swap Service with you. Please telephone us for more information.
  5. Effects of cancellation
    1. If you cancel the contract between you and us, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
    2. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of handling by you other than what is necessary to establish the nature, characteristics and functioning of the goods.
    3. For the avoidance of doubt (without limiting the effect of clause 5.2) if the goods are not clean when returned to us (for example if there is mud, urine, hair or fur on goods returned to us) then this is likely to result in a deduction being made in accordance with clause 5.2. We advise that footwear is tried on a clean and dry indoor surface that will not affect the footwear, for example a carpet.
    4. We will make the reimbursement without undue delay, and not later than:
      1. 14 days after the day we received back from you any goods supplied, or
      2. (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
      3. if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel the contract.
    5. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
    6. If you have received goods:
      1. you shall take reasonable care of the goods and not use them
      2. you shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from the contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. Goods must be returned to us in a clean and dry condition and in their original packaging
      3. you will have to bear the direct cost of returning the goods
      4. you are liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
  6. Delivery
    1. If you want to see your delivery options, visit the ‘Delivery and Returns’ page of our website (https://tuffaboots.com/delivery-returns.php) before you place your order. Please note that we deliver only to the areas set out on that webpage.
    2. If you place your order via our website then the estimated date for delivery of the goods is set out in the Confirmation Email (see clause 3.1.4). If you order by telephone then our customer sales team will tell you the estimated date for delivery of the goods on the telephone.
    3. If something happens which:
      1. is outside of our control, and
      2. affects the estimated date of delivery we will let you have a revised estimated date for delivery of the goods. We will not be responsible for delayed delivery due to events outside of our control.
    4. Delivery of the goods will take place when we deliver them to the address that you gave to us.
    5. Except in respect of goods which are personalised or made to your specification, unless you and we agree otherwise (or have already agreed otherwise), if we cannot deliver your goods within 30 days, we will:
      1. let you know
      2. cancel your order, and
      3. give you a refund.
      For goods which are personalised or made to your specification, see clause 6.6 below.
    6. Please note that goods which are personalised or made to your specification (for example goods ordered under our made to measure service), will usually be delivered within 8 to 10 weeks. In some cases however such goods may take up to 15 weeks to be delivered. If we cannot deliver goods made to your specification within 15 weeks, unless you and we otherwise agree (or have already agreed otherwise), we will:
      1. let you know
      2. cancel your order, and
      3. give you a refund.
    7. If nobody is available to take delivery, please contact us using the contact details at the top of this page.
    8. You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.
    9. We may deliver your goods in instalments.
    10. We will repair or replace goods damaged or lost in transit where delivery is made by our carrier provided that you give us notice of damage or loss within 2 days of delivery (in the case of damage) or within 2 days of the date of estimated delivery (in the case of lost goods) and you provide the original packaging of the goods (in the case of damage).
    11. We may request photographs of damaged goods.
  7. Price and Payment
    1. If you order goods via our website then the price of the goods will be displayed on the website before you confirm your order. If you order goods from us on the telephone then our customer services assistant will tell you the price of the goods before you place your order.
    2. The price of the goods:
      1. is in pounds sterling (£)(GBP)
      2. includes VAT at the applicable rate
      3. does not include the cost of delivering the goods (if you want to view delivery options and costs, visit the ‘Returns & Delivery’ page of our website (https://tuffaboots.com/delivery-returns.php) before you place your order or telephone us and ask one of our customer services team).
    3. We accept payment only by the following credit cards and debit cards:
      Visa
      Mastercard
      Maestro
    4. We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
    5. Your credit card or debit card will only be charged when your order is confirmed and accepted by us (including in respect of personalised goods or goods made to your specification).
    6. All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:
      1. Verified by Visa
      2. Mastercard®SecureCodeTM
    7. If your payment is not received by us and you have already received the goods, you:
      1. must pay for such goods within 7 days, or
      2. must return them to us as soon as possible. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.
    8. If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.
    9. Nothing in this clause affects your legal rights to cancel the contract during the cancellation period under Clauses 4 and 5.
  8. Nature of the goods
    1. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods:
      1. are of satisfactory quality
      2. are fit for purpose, and
      3. match the description, sample or model.
    2. We must provide you with goods that comply with your legal rights.
    3. The packaging of the goods may be different from that shown on our website.
    4. While we try to make sure that:
      1. all weights, sizes and measurements set out on our website are as accurate as possible, there may be a small tolerance of up to 1% in such weights, sizes and measurements in the following goods: boots, chaps and gaiters.
      2. the colours of our goods are displayed accurately on our website, the actual colours that you see on your computer may vary depending on the monitor that you use.
    5. Any goods sold:
      1. at discount prices
      2. as remnants
      3. as substandard
      will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
  9. After care of goods and faulty goods
    1. You are required to follow any after care guidance supplied by us (or the manufacturer) for the goods. In our experience issues arising with goods occurring three months or more after purchase are due to general wear and tear or a failure of the customer to follow after care guidance rather than a manufacturing fault. Please visit our website page on how to care for your Tuffa boots https://tuffaboots.com/how-to-care.php.
    2. You have legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). For more detailed information on your rights and what you should expect from us, please:
      1. contact us using the contact details at the top of this page, or
      2. visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.
    3. Nothing in the contract between you and us affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
    4. Please contact us using the contact details at the top of this page, if you want:
      1. us to repair the goods
      2. us to replace the goods
      3. a price reduction
      4. a refund
      although not all of these rights may be available to you.
    5. In the event that goods are returned to us as a result of any alleged defect they must be returned to us in a clean and dry condition. Goods must be returned to us in original packaging wherever possible.
    6. In addition to your statutory rights and your rights to cancel (see above), we will repair, refund or replace Tuffa footwear (at our option) if footwear develops a fault within six months of purchase but only if:
      1. you tell us of the alleged fault within six months of purchase and provide proof of your purchase, and
      2. you return the footwear to us so that we can examine the alleged fault, and
      3. the fault is due to a manufacturing defect. For the avoidance of doubt we will not be required to repair, refund or replace Tuffa footwear if:-
        (a) the fault has arisen by reason of fair wear and tear or could be expected to arise in the normal course of use of the footwear, or arises by wilful damage, negligence, accident or abnormal environmental or working conditions, or
        (b) the fault has arisen by your failure to comply with our after care guidance, or
        (c) the fault has arisen as a result of your design or specification requirements where goods have been personalised or made to your specification, or
        (d) you have (or a third party has) altered or repaired the footwear.
  10. End of the contract
    1. We may terminate the contract between you and us on written notice to you if you fail to pay us any money you owe to us when due.
    2. If the contract between you and us is ended it will not affect our right to receive any money which you owe to us under the contract.
  11. Limit on our responsibility to you
    1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:
      1. losses that:
        (a) were not foreseeable to you and us when the contract was formed
        (b) that were not caused by any breach on our part
      2. loss of profit
      3. loss of business, business interruption, loss of business opportunity or any other business losses
      4. losses to non-consumers
      5. losses arising from your use of our website, its content or any link to any other website
      6. losses arising out of your inability to use or any delay in using our website, its content or any link to any other website
      in all cases, howsoever arising.
    2. We will not be responsible or liable to you if we are prevented or delayed from performing our obligations under the contract between you and us if we are prevented or delayed due to any matter beyond our reasonable control (including but not limited to act of God, fire, flood, lightning, earthquake or other natural disaster, war, riot or civil unrest, strike, lockout or boycott or other industrial action, interruption or failure of supplies of power, fuel, water, materials, transport, equipment or telecommunications service, failure of our supplier(s)). If we are subject to such matter(s) we will inform you within ten days of its occurrence and arrange another date for performance of our obligations with you. If we be prevented or delayed from performing our obligations under the contract between you and us for a period of one month then you may cancel the contract by notifying us of your decision to cancel the contract. If you cancel the contract then you will return to us goods you have already received (at your own cost) and we will refund the price you have paid including our standard delivery charges.
  12. Disputes
    1. We will try to resolve any disputes with you quickly and efficiently.
    2. If you are unhappy with:
      1. the goods
      2. our service to you
      3. any other matter
      then please contact us by email, telephone or post (to the contact details provided at the top of these terms and conditions) so we can consider the matter and discuss it with you.
    3. If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to the contract between you and us.
    4. The law of England and Wales will apply to the contract between you and us.