General Terms & Conditions
zippytom.com is owned and operated by ABALCHEMY LTD. Terms “the Website” and “the Company” refer to www.zippytom.com and ABALCHEMY LTD, respectively, throughout this document. This document governs your relationship with:
Registered Company in England and Wales (No. 9655558)
C115 Trident Business Centre
89 Bickersteth Road
SW17 9SH London
Tel: 020 8355 3417
Access to and use of the Website and the products and services available through the Website are subject to the following terms, conditions and notices. By using the services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
You must not misuse this website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, Trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this website. Breaching this provision would constitute a criminal offence and the website will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this website remains the property of ABALCHEMY LTD or its licencors and are protected by copyright laws and treaties around the world. All such rights are reserved by the company and its licencors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with www.zippytom.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. The website retains the right to refuse any request made by you. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
When you place an order, you will receive an acknowledgement email confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed.
Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on the Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we may treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfils the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email, the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Disclaimer of Liability
The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. Product images are for illustrative purposes only and may differ from the actual product. Unless expressly stated to the contrary to the fullest extent permitted by law the website and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Website or the linked sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect the company's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This website must not be framed on any other site, nor may you create a link to any part of this website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trademarks, images of personalities and third party copyright: Except where expressly stated to the contrary all persons, third party trademarks and content, services and/or locations featured on the Website are in no way associated, linked or affiliated with www.zippytom.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to www.zippytom.com.
The company has the right in its absolute discretion at any time and without notice to amend, remove or vary the services and/or any page of the Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly.
Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments, by sending us over an email to firstname.lastname@example.org.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and ABALCHEMY LTD. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a director of ABALCHEMY LTD.
Unwanted products (also known as change of mind) must be returned in pristine condition, carefully packaged in their original state, with all of their accessories (e.g. manuals, warranty card etc.), original inner and outer packaging and without any modifications to their reference and serial numbers. They must have their labels intact, along with any stamps or marks required for resale. Products must be returned to the address we may provide specifically upon a return request. Returned goods are advised to be posted by recorded delivery service, considering freight insurance proportional to the value of goods. If a product is returned without prior written authorisation from us, it may be rejected at our premises. The end-user customer has the right to cancel and return the order no longer than 28 days from the time of delivery, and it should be noted that unless the order is defective/dead on arrival, customer takes the responsibility of return expenses, subject to being in perfect condition. Please note that it does not mean a trial period and hence return due to change of mind would be rejected if the goods deemed as used, mounted ot installed.
The item will not qualify for an unopened box exchange or full refund if the product has been already used.
We aim to handle all the return and refund queries in the least possible time. However in rare occasions and if we are dealing with high volume of enquiries, it may take up to two weeks for a refund to get fully processed.
Claims Procedure with Regards to Defective Goods
Customer must notify us of any claim in respect of any of the Goods alleged to be faulty by e-mail within 30 days of delivery where :
- A product has a manufacturing fault or a part is missing or there is some other problem totally attribute to the manufacturer.
- A product has been damaged by courier in transit, in this case the notification must be made in writing and within 48 hours of delivery.
- In addition, where it is alleged by the Customer that any of the Goods are defective due to physical damage occasioned to them, the buyer shall sign for the delivery as 'received damaged' and notify us within maximum two working days (email: email@example.com). If by reason of the failure of the Buyer to give any such notice, the Seller is prevented from successfully claiming against the carrier for such damage, the Buyer shall be liable to pay for the goods as though no such damage occurred.
- Where the buyer could not have discovered the failure within the time limits, then the Buyer must notify the Seller within a reasonable time of the discovery of the potential claim.
Defective or faulty products must be reported directly to us at the very first stage. Depending on manufacturer's policies we may advise our customer to seek assistance from the manufacturer's technical support prior to a replacement/refund. Please note that if damages recognised as induced by the end customer (e.g. broken glass parts), a return may be either rejected, shipped back at the customer’s expense, or subject to a chargeable repair. Please note we authorise a return request with return Merchandise Authorisation (RMA) and the address where goods should be send to. Please note RMA numbers must be clearly visible on the outer packaging.
Delivery and Delivery Charges
At the time of delivery the Buyer or End User must check that the quantity of goods matches the quantity detailed on their order and that the external packaging of the goods is in good condition and has not been tampered with or damaged. When items are delivered on pallet, customers should ensure whether the items match and quantity of items before unloading.
All our delivery options are available to mainland England, Wales and parts of Scotland. We can deliver to the following areas at an additional cost. Please note that deliveries to these areas may take a little longer than advertised in our delivery schedule:
- Isle of Wight
- Isle of Man
- Isle of Scilly
- Channel Islands
- Scottish Highlands
- Scottish Isles
- Northern Ireland
For Next day delivery, please complete you order before 15:00 Monday to Friday.
Please note that we won’t offer Saturday deliveries, and therefore a next day delivery order placed before 2 pm on Friday, would be looking to a delivery on Monday.
Trademarks distributed by the website are protected by current laws and international conventions. As a consequence, neither Clients nor third parties can use trademarks without the express written consent of the trademark holder. It is understood and agreed that the acceptance of the present General Conditions is not in any way such an authorisation.