Postal Address: Aston Lodge, Soulton Road, WEM, Shropshire, SY4 5BG
Tel: 07737 636521 or 01939 232577 (10am-7pm, 7 days)
We, Tout Ensemble, are a Limited Company, registered in England and Wales
Company Registration No. 8191988
VAT Registration No. 825 5909 07
We operate the website www.toutensemble.co.uk (website or Site).
Tout Ensemble is committed to providing you with Terms which are easy to understand and are fair to you. Your statutory rights are not affected by anything contained in these Terms. For more information on your legal rights, contact your local Trading Standard Office or Citizens Advice Bureau or any equivalent organisation in your country (if any).
‘We’/’us’/‘Tout Ensemble’ means the seller of the Goods. ‘You’/‘your’/‘customer’ means the customer acting as consumer. ‘Goods’/‘Item’ means the items which we agree to sell to you.
- The terms and conditions of the web-site (‘Site’) are binding on the User (‘you’, the person accessing the Site) and by accessing and continuing to use the Site, the User is deemed to accept these terms and conditions.
- We reserve the right to improve, amend or suspend the information/service provided on the Site without notice.
- We reserve the right to alter these terms and conditions at any time with immediate effect by placing the amended terms and conditions on the Site.
- Links to Site: You may provide links to our homepage, http://www.toutensemble.co.uk, but not to any other pages of our Site, without our express prior written consent. [We cannot guarantee any links to third part sites, nor can we provide any guarantees or accept any liability with respect to the content on such third party sites.]
- The Internet is not a secure medium and we provide no guarantees as to the reliability or security of the Site, or that it will be continuously available, error- or virus-free.
- Promotional e-mails and newsletters: From time to time, we will e-mail all our customers as well as any others who have registered their details with us with promotions and/or updates on our products etc. However, if you do not wish to receive any further e-mails, there is the facility to unsubscribe from the mailing list at the bottom of each e-mail.
Intellectual Property of Images
The images used on this website are owned by us, having been taken by ourselves personally and are our intellectual property. The use of these images and any accompanying text by a third party for any reason is strictly prohibited, unless with prior agreement of ourselves. If you wish to use any of our images, please contact us, in writing, for approval.
TERMS AND CONDITIONS OF BUSINESS
Placing an Order
In brief, we, Tout Ensemble, accept orders on-line via this Site, by telephone or by post (with accompanying cheque or card details with card-holder’s signature). You may also e-mail us with order details. If ordering by post, please ensure you include your contact telephone number, so we can contact you quickly to confirm the order.
Orders On-line via our Site
Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please read and check your order at each stage of the order process.
All orders are subject to acceptance and availability.
When placing an order, you undertake that you are at least 18 years old, that all details you provide to us are true and accurate, that you are an authorised user of the payment account, credit or debit card or other payment method used to place your order and that there are sufficient funds to cover the cost of the Goods.
Having placed an order through this Site, you will receive two automated e-mails to confirm:
i) that we have received your order
ii) your payment has been taken via your selected payment option.
(Payment is processed securely via the Site and we ourselves do not have access to your payment details. Please note: You do not have to have a PayPal account to use the PayPal option – simply enter your card details.)
NB. If you have placed an order for an item of leather clothing or any other item where we will want to check your sizing/measurements before dispatch, we will e-mail you immediately on receipt of your order and payment to check this with you. Please make sure that you read and respond to this e-mail as soon as possible to minimise any delay before dispatch since we need to hear from you before making a final decision on which size we send you.
However, these e-mails are not an acceptance of your order nor an indication that a binding contract exists between us for the sale of the Goods to you (Contract). They are just a confirmation that we have received your order and payment.
We may choose not to accept your order at our discretion for any reason whatsoever without liability to you. Examples of this non-acceptance include where Goods are out of stock, are incorrectly priced or do not satisfy our quality control standards. In each of these cases, we will contact you immediately on receiving your order to verify whether:
i) in the event of a pricing error, whether the correct price is acceptable or you wish to cancel your order
ii) if an item is out of stock, whether you are happy to wait for it to be ordered in, where possible, accept an alternative, have your payment held as credit against a future purchase, or you wish to cancel your order altogether.
If you choose to cancel your order, we will refund you the full amount at the earliest opportunity. This refund will be made to your original payment method.
Our acceptance of your order will be confirmed by sending you an e-mail that confirms that the Goods have been dispatched (Dispatch Confirmation). The Contract between us will be formed when we send you the Dispatch Confirmation. Only Goods dispatched will be included in the Contract. Orders with multiple items may be dispatched separately, in which case you will receive a separate Dispatch Confirmation e-mail for each shipment. Each Dispatch Confirmation e-mail will constitute a separate Contract between us in relation to the Goods which are the subject of that Dispatch Confirmation.
Credit/Debit Card Security for Orders by Telephone, E-mail and Post
All payment details taken are confidential and your card will be processed and securely by us. Your details will then be shredded as soon as payment is taken. (In the event that we need to keep your card details for a short while before taking payment, these will be kept securely locked away.)
Prices and VAT Charges
Prices shown on our Site include VAT (currently 20%). The invoice receipt that you receive with your Goods, however, will be a VAT invoice.
Postage and Shipping
(See also our Shipping and Postage)
There is a charge for postage and packaging for all orders. This is added at checkout, having been calculated based on weight and size to the particular region. We do our best to keep these costs fair and reasonable. We will send you a Dispatch Confirmation by e-mail to let you know when your Goods have been dispatched and include any relevant tracking details.
Standard Delivery is by Royal Mail 1st Class (‘Signed For’). This would be expected, but not guaranteed, to arrive the next working day and require signatures on delivery. Express Delivery is by Royal Mail Special ‘Next Day’ Delivery and is guaranteed to arrive before 1pm the next working day (not including Saturday delivery). Again this requires a signature on delivery. If you are not at home or do not provide us with an alternative address where you know someone will be present to sign for it, then Royal Mail will leave a card and you will need to re-arrange delivery.
Note: UK Off-Mainland and BFPO addresses may take a little longer to arrive.
Orders are sent by Royal Mail Air Mail (AirSure or International Signed For). Delivery timescales will vary, depending on the destination. Again, a signature will be required on delivery.
All delivery addresses will be copied as entered by the customer. If Royal Mail cannot deliver because addresses have been entered incorrectly by the customer, then we reserve the right to charge a supplement to cover our out-of-pocket expenses. Whilst we try to deliver all goods ordered in accordance with our pledge, we cannot accept responsibility for any consequence of late delivery after dispatch.
Dispatch of Goods
Nearly all of our products are held in stock and we aim to dispatch those Goods in stock within 24-48 hours. Where we send you an e-mail on receiving your order to check on sizing measurements, any delay in dispatch will be because we are waiting for your response to our e-mail. Therefore, as requested, please read and respond to our e-mail as soon as possible. We will then dispatch at the earliest moment, usually same day, after confirmation of sizing.
Please note that a very few of our items may not be held in stock. This includes those that are brought in by special order at your request. Where this is the case, we will contact you to let you know expected delivery times. As already stated above, if your item is not in stock, we will contact you to let you know so that you have the option to wait for availability from our supplier or to cancel your order.
Damage in Transit; Shortage; Incorrect Goods; Faulty Goods; Non-Deliveries
Upon receipt, you should inspect your goods to check that:
i) they were intact on arrival, ii) the items are correct and all items ordered are included.
Please inform us immediately if goods are delivered already damaged. Details must be recorded on the delivery documentation and we must be notified no later than 24 hours after delivery. (Keep all packaging as this will be required to effect the claim against the carrier.)
You also need to sign for the number for the number of packages shown on the delivery or consignment note. If you suspect there are items missing from delivery, check first that the order is not a part shipment. Any shortage must be noted on the delivery note and we must be informed within 24 hours.
If any items delivered are missing or are not what you ordered, you must inform us within 24 hours. Do not open any manufacturers’ packaging and do not use the items – we will not exchange any items suspected of having been used or if the packaging has been opened.
In addition, if you should find any items you receive are faulty in any way when you have opened them or tried them, you must contact us immediately.
We will not accept liability for any goods lost in transit unless we are notified within 2 days of the expected delivery date. Please remember though to check that delivery has not already been attempted when you were out. You can do this using the tracking details we included on the dispatch notification e-mail, or contact us if this is not possible. (We know of a few instances where delivery has been attempted but Royal Mail or the courier have not left a card to inform you that they had called! This only was discovered after tracking the package on the courier website.)
We will not be under any liability to you for any delay or failure to deliver is the same is wholly or partly caused directly or indirectly by circumstances beyond reasonable control. In addition, we will not be liable under our agreement with you for any loss or damage caused by us where there is no breach of a legal duty or care owed to you by us, where any such loss or damage is not a reasonably foreseeable result of any breach of a legal duty or care, or any increase in loss or damage results from breach by you of any of these Terms. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us.
As a consumer, you have certain rights by law regarding the return of defective goods and claims in respect of losses caused by any negligence on our part or our failure to carry out our obligations. These terms and conditions shall not affect your statutory rights.
We or the manufacturers will, of course, replace (or repair) any damaged or faulty items, whichever is most appropriate, without charge and we will reimburse you for the cost of returning said items (see below).
Cancellation of an Order
You can also cancel an order, for whatever reason, at any time before we have dispatched it – just contact us to let us know. (If we have already shipped your order, then it will be treated as a Return – see below and our Returns Policy)
All cancellations will receive a total refund via our Site to your original payment method.
Cancelling a Contract under the Consumer Contracts Regulations after Dispatch
Customers based in the EU may also cancel this Contract after Goods have been dispatched under the Consumer Contract Regulations 2013 (or equivalent local legislation). You have a legal right to cancel a Contract under the Consumer Contracts Regulations 2013 within 14 days of receiving your Goods. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep an item, you can notify us of your decision to cancel the Contract and receive a refund. To do this, you need to cancel by a clear written statement, by e-mail or letter, within 14 days of receiving your Goods.
If you cancel your Contract, we will refund you the price you paid for the Goods. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Goods if this has been caused by your handling them in a way which would no be permitted in a shop or which is beyond what is necessary to establish the nature characteristic and functioning of the Goods (see below and our Returns Policy).
Returns, Refunds and Exchanges
(Please see our Returns Policy section for full details.)
Tout Ensemble is committed to your complete satisfaction, so if you find the Goods you have ordered do not fit you or you are in any way dissatisfied with them (or, for EU customers under the Consumer Contracts Regulations 2013 – see above- that you have simply changed your mind), then you may return said Goods to us.
On receipt of these Goods from you we will refund you the full cost of these items, with the exceptions expressly stated below, and provided the following steps are taken:
1. When examining or trying on items, you have taken the utmost care to ensure that these items is not damaged or altered in shape or in any way that changes it from its original condition. For instance, footwear should be tried on wearing hosiery, not with bare feet, standing on a carpeted surface; clothing must be tried on while wearing suitable undergarments and without make-up or perfume.
2. You contact us, by e-mail or telephone, on receipt, and return the goods to us within 14 days. [If you need more time than this because you have purchased it for as a birthday or Xmas present, please contact us.]
3. You dispatch the goods to us, in their original condition, with all packaging and accessories, unworn and unwashed, with all labels and tags intact (this includes not sticking sellotape to the product packaging or any other materials), within 14 days of your receiving the goods. If any item returned is marked or in any other condition which renders that item unfit for re-sale, it will not be accepted for refund or exchange and we will return it to you.
4. You enclose your full contact details (name, address, e-mail, telephone number) and a copy of the original invoice enclosed with your delivery.
5. No refunds or exchanges will be given, unless we receive written notice of intent to return. This notice to be in the form of email or in writing. (You may telephone us to tell that you would like to return an item, but we will require written notice in addition to this.) We will then contact you to explain the correct procedure for returning items. These goods must be received by us, in their original condition and are fit for re-sale, as specified above.
If, on receipt of your order, you decide that you wish to exchange an item, e.g. for a different size, colour or style, the procedure is as follows:
- Contact us to inform us that you wish to return an item and exchange it for something else.
- Place a second order for this new item. This order will normally be dispatched the same day.
- Return the first item. We will issue a refund for this upon receipt, provided it is in its original condition and fit for re-sale.
We strongly recommend that you return items to us by Royal Mail Recorded Delivery (Signed For), or any courier requiring a signature from us upon receipt, as we cannot accept responsibility for lost or damaged parcels. (The cost of returning items to us will be at your own expense.) We will refund the full cost of any returned items less postal costs. (In exceptional circumstances, a small e-stocking fee may be charged – please contact us for clarification.)
Exceptions – Items excluded from our policy for Refund and Exchange
Certain items are excluded from our returns policy, either for refund or exchange, unless faulty or in exceptional circumstances with our agreement. These include:
a) All bespoke (made-to-measure) items – these have been made specifically for you to your measurements and specifications and cannot be re-sold
b) All items which have been altered to your requirements – these have been altered or re-sized, e.g. shortened, by our tailor to your measurements and specifications and cannot be re-sold
b) All special orders – all items in sizes and specifications that we do not normally stock but have bought in for you by special order at your request.
These items are also excluded from your being to cancel the order under the Consumer Contract Regulations 2013 once the process of making, altering or ordering them in for you is in progress and cannot be reversed.
Faulty Items or Misdescribed Items
In the unlikely event that an item is faulty, if you think the item is misdescribed or we have sent you the wrong item, please contact us as soon as you receive said item. You will be asked to return the Goods to us. We cannot accept liability for an item as faulty until has been returned to us and we have an opportunity to inspect it and confirm it is faulty. Therefore, we will inspect the item as soon as we receive it. If we find it is faulty, then we or the manufacturers will either repair or replace it for you, whichever is deemed to be the most appropriate, at no extra charge. We will also refund any reasonable costs you incur in returning the item to us.
Please note: All our leather items are styled and created by craftsmen from the finest skins available. Leather is unique and individual. Apparent imperfections are not flaws but inherent natural markings which enhance the appearance of the garment.
Wrong Items Sent
If you think we have sent you the wrong item, please contact us immediately. If you would like a replacement sending out without delay, then we would ask you to place a second order so we can dispatch same day. We would ask you to return the first (wrong) item and we will issue a refund for this when we receive from you. This will include your total postal costs (outgoing and return) after confirming we had sent you the wrong item. If you do not want to place a second order, we would ask you to return the wrong item and wait to receive it back from you before sending out a replacement item. If we have sent you the wrong item, then we would also refund your return postage and send out the replacement without any postage charge to you.