Terms of Service

LEGAL STUFF

This website https://totalley.com/ ("the Site") is owned and operated by Totalley Ltd ("us", "our" or "we").

Totalley Ltd is a limited liability company incorporated in England and Wales with Registered Number 13161551 and whose Registered Office is at 114a Bellegrove Road, Welling, England, DA16 3QR

The following constitutes a legal agreement between a visitor ("you") and us with respect to our website service, the terms of which are set out below. You must be at least 18 years of age to agree to and enter into this Agreement on your own behalf and to register for use of this Site. If you are under 18 but at least 15 years of age, you must present this Agreement to your parents or legal guardian. Children under the age of 15 may not register on this Site, and parents or legal guardians may not register on their behalf.

When registering on our Site or purchasing a Product, by checking the box indicating your acceptance of this Agreement, you represent that (i) you have read, understood and agree to be bound by this Agreement and (ii) you are at least 18 years old, either entering into this Agreement for yourself or entering into it on behalf of your child or a child in your legal care. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of this Site, including all legal liability that he or she may incur. Each registration is for a single user only. We do not permit you to share your user name with any other person nor with multiple users on a network. If you do not agree to (or cannot comply with) any of these terms and conditions, do not check the acceptance box when registering on our Site or purchasing a Product and do not attempt to access the Site.

1. Accessing Our Site

Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Site, or to our entire Site, to users who have registered with us.

2. Terms & Conditions for Purchase of goods

The Services comprise a technology platform that presents you with a set of one or more retailer (each a “Retailer”) virtual storefronts from which you can select goods for picking and packing by one or more personal shoppers and delivery to your location or, if available, for you to pick up in-store. Depending on the Retailer from whom you purchase goods through the Services, picking and packing, and delivery services may be performed by third parties, which may include Retailer personnel, independent contractors, and third party logistics providers (collectively, “Third Party Providers”).

You acknowledge that services provided by Third Party Providers are provided by third-party independent contractors who are not employed by Totally Ltd. You acknowledge that Totalley Ltd does not supervise, direct, or control the performance of services provided by Third Party Providers to you or for your benefit.

When you use the Services to place an order for goods, you authorize the purchase of those goods from the Retailers you select and, if you have selected delivery services, the delivery of those goods by Third Party Providers. You agree that your purchase is being made from the Retailer you have selected, that Retailer is the merchant of record, and that title to any goods passes to you when they are purchased at the applicable Retailer’s store. You agree that Totalley Ltd or the applicable retailer will obtain a credit card authorization for your credit card on file with Totalley Ltd to cover the cost of the goods you have purchased from the retailer and any separate Totalley Ltd fees, and your card will be charged for the goods purchased by you and any applicable fees, taxes and/or tips.

Totalley ltd may change the fees it charges for the Services, including but not limited to Delivery Fees, Service Fees, and Heavy Order Fees. Retailers set the prices of the goods on the Services, and some Retailers may set prices for goods on the Services that are different from in-store prices.

You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and Totalley Ltd, Totalley Ltd does not form any employment or agency relationship with you and does not hold title to any goods that you order through the Services.

Unless otherwise indicated, all prices and other amounts are in the currency of the jurisdiction where the delivery takes place.

Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to pricing, product descriptions, promotional offers, and product availability. Totalley Ltd reserves the right to correct any errors, inaccuracies or omissions and to change or update information or refuse or cancel orders if any information on the Services is inaccurate at any time without prior notice (including after you have submitted your order and/or your credit card has been charged).

We’re constantly modifying and improving the Services. Totalley Ltd may introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide Totalley Ltd with any feedback on or comments regarding the Services, you grant us the right to use such feedback or comments for any purpose without restriction or payment to you.

If you have any requests for order cancellations, refunds, or returns, please visit your account to initiate such requests.

3. Price & Payment

The price to be paid by you for any goods will be as quoted on our site except in cases of obvious error. We are under no obligation to provide the goods to you at the incorrect (lower) price, even after we have sent you order confirmation, if the pricing error is obvious and could have reasonably been recognised by you as an incorrect pricing. Our prices exclude delivery costs, other service charges which will be added to the total amount due before completion of your order and can be checked on our Deliveries page.

Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an invoice. Payment for all Products must be by credit or debit card and those accepted by us are those listed on our website on the date when your order is placed. We will send you an invoice upon receipt of payment. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or for any reason does not, authorise payment to us, whether in advance of or subsequent to a payment, we will not be liable for any delay or non-delivery of the Products ordered.

4. Age Restricted and Regulated Products

You may have the option to order age restricted products including, without limitation, alcohol, tobacco and cigarettes in some locations and from certain Retailers. You agree that you will comply with all applicable laws and not cause Totalley Ltd or any Third Party Provider (including any Retailer) to contravene any applicable laws. If you order age restricted products from a Retailer through the Services, you agree that you are of legal aged 18 or older for purchasing, possessing, and consuming age restricted products and agree that, upon delivery of age restricted products by the Third Party Provider, the recipient will provide valid government-issued identification which may be scanned by the Third Party Provider proving their age to the Third Party Provider delivering the age restricted products, that the recipient will not be intoxicated when receiving delivery of such products, and that age restricted products has not been purchased with the intent to resell or provide to someone who is not of legal age. You agree that if any applicable legal requirements for the delivery of age restricted products are not met, Totalley Ltd reserves the right to cancel the age restricted-related portion of your order. Special requests or substitutions for the purchase of these products will not be honored; all requests for the purchase of these products must be made through the catalog available through the Services at the time of submitting the order.

5. Returns Policy

We do hope that you will be pleased with your purchase. However, if upon collection or delivery of the goods you find that they are not those ordered by you or the order is incomplete, or a Product is in a damaged condition when you receive it, please notify us immediately by telephone on +44(0)208 144 6024. If a good is not as on the Order Confirmation or damaged, we will credit or refund your purchase. In the case of damaged goods, you must retain the damaged goods and all packaging for inspection by us. Subject to our report on the claimed damage and to these Terms and Conditions we will refund the price you paid for the returned goods together with the delivery charge, or at our option we will provide you with a credit for further products. We will have no liability to you for any indirect loss. Please state clearly your dispatch details in all communications to us.

We will only make a refund to the original credit card or debit card account used by you to make the online purchase. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.

Since taste is a very personal matter and subjective we cannot accept the return of any products merely because you do not like the taste.

We have made every effort to display as accurately as possible the colours of our products that appear on our Site and also to ensure that the colours on screen are as close as possible to the colours of the actual product. However, the colour of the actual product you see on your screen will depend on your monitor, your screen settings and resolution. Accordingly, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery and we cannot accept the return of any product because it does not match the colour you were expecting from viewing your screen display.

We will not accept the return of any Products which have been purchased from any outlet other than this online Site.

The provisions of this clause do not affect your statutory rights.

6. Our Right to vary these Terms & Conditions

We have the right to revise and amend these Terms and Conditions from time to time, for example, to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

You will be subject to the policies and Terms and Conditions in force at the time that you order Products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the invoice (in which case we have the right to assume that you have accepted the change to the Terms and Conditions).

6. YOUR AGREEMENTS

YOU AGREE that:-

it is your responsibility to provide accurate personal information ("Personal Data") and to update your Personal Data as necessary to keep it accurate. You undertake that all the details you provide to us for the purpose of selling and delivering Products to you are correct and that the credit card or debit card that you propose to use is your own or that of a third party who has given you full permission and authority to use it and that you or such third party have sufficient funds to meet the costs of Products ordered. We will not store your credit card or debit card details anywhere on the Site;

it is your responsibility to ensure that your email address is current otherwise certain functions of the Site will not be available to you. We will only use your Personal Data in accordance with the Data Protection Act 1998, The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 and our Privacy and Cookies Policy;

it is your responsibility to maintain the confidentiality and security of your Personal Data especially your user name. You will not allow others to use your user name and you will notify us immediately of any unauthorised use of your user name. We shall not be responsible for any losses arising out of the unauthorised use of your user name and you agree to indemnify and hold us harmless, for any improper, unauthorised or illegal uses of the same;

we shall be entitled to withdraw from any purchase order made by you if the Product is inaccurately described on the Site or where obvious errors have been made;

whilst we will utilise anti-virus protections, it is your obligation to ensure that any use you make of our Site is free of any virus, Trojan horse, worm or any other items of a destructive nature. You will not hold us responsible for any damages that result from you accessing the Site (including any software or systems you use to access the Site);

you will not attempt or permit or encourage others to attempt to copy or make use of any intellectual property appearing on our Site for any commercial use or in any manner which would constitute an infringement of our copyright.

variation in computer, browser and operation will create differences in visual layout and usability of the Site. We have given due care and attention to minimising these differences but cannot be held responsible for specific operational differences.

7. System Requirements

We reserve the right to suspend or terminate your access to the Site or parts of it if at our sole discretion we believe you are in breach of any provision of this Agreement. If your access has been suspended or terminated, you will not be permitted to re-register or to re-access the Site without our prior consent.

8. Misuse of the Site

You will only use the Site for the purposes referred to in this Agreement and not access the site or use information gathered from it to send unsolicited emails.

9. Indemnity

You agree to defend, indemnify and hold harmless to Totalley Ltd and its officers, directors, employees, agents, shareholders, affiliates, and retail partners (each, an "Indemnified Party") from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from: (i) your unauthorized use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation; (ii) any third party’s access or use of the Services using your Totalley user account; or (iii) any dispute or issue between you and any third party, including without limitation any Retailer or other Third Party Provider.

10. Assignment

You may not transfer or otherwise deal with your rights and/or obligations under these Terms and Conditions. We may sub-contract, transfer or otherwise deal with our rights and/or obligations under these Terms and Conditions in whole or in part.

11. General

We may require you to change your username or any other information which permits you access to purchase Products from the Site. We have the right to withdraw any Product from the Site for any reason without notice to you and you agree that we will not be responsible for any loss, damage or cost as a result of such unavailability.

Our liability for losses you suffers as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.

We will not be liable for errors or omissions on the Site nor for loss or damage suffered by you as a result of any unavailability of the Site or by any use by you or reliance placed on the Site or its contents including any damage caused to your computer or any direct, indirect or consequential loss or loss of data.

We shall not be liable to you for the failure of any equipment, data processing system or transmission link and will not be liable to you as a result of any down-time which may occur upon the Site.

The Site is provided "as is" and you acknowledge that despite our reasonable endeavours the Site may contain bugs, errors and other problems (including, but not by way of limitation) infection by viruses (despite anti-virus protections which may be incorporated) or anything else which may cause contamination or destruction of any sort that may cause system failures. Notwithstanding, we will use all reasonable endeavours to correct any errors and omissions as quickly as practicable after being notified by email to [email protected]

We shall not be responsible to you for damages or otherwise in respect of any error made to any listing of or reference to Products.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently the Site (or any part thereof) without notice to you and without any liability to you or to any third party.

We reserve the right to deactivate your account if it has not been active for a period of 12 months or more, and to remove it from the database if no communication has been received from you for a further one month after deactivation has occurred.

Links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. We have not reviewed all of these third-party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk.

We welcome 'hot links' to the Site, but not 'deep linking' by which we mean that you may not include a link to our Site, or display the contents of our Site, surrounded or framed or otherwise surrounded by content not originating from us without our consent. Any unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and may result in the termination of this Agreement or other remedies as set out in this Agreement.

It is the responsibility of advertisers and sponsors on this Site to ensure that any content submitted by them for inclusion on the Site complies with applicable laws and regulations and we shall not be responsible for or liable to any extent for any error or inaccuracy which may appear in such content.

12. Intellectual Property Right

All intellectual property content on the Site including, without limitation trademarks, button icons, logos, graphics and images is owned by us and is protected by International Copyright laws. Your use of them is governed by this Agreement, certain end-user licence agreements, and applicable law.

You will infringe our rights if you copy or reproduce any part of the Site save for: a temporary copy of any part of the Site which is automatically made or retained by your browser as you browse the Site; or

you are printing out any pages from the Site as a record of any Products you have purchased from it; or

you are printing out a copy of the Terms and Conditions which we would request you to do; or

your own personal use provided that:

no documents or related graphics on the Site are modified in any way; no graphics on the Site are used separately from the corresponding text; and the Company's copyright and trademark notices and this permission notice appear in all copies.

Other than for the above four exceptions you must not copy the intellectual property in question for any purpose.

For the purposes of this Clause 16 "copy" and "copying" shall include non-literal copying as well as the copying of the structure and form of the Site and any elements within it.

13. Disclaimers

To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set out in this Agreement is prohibited by any law which is applicable, then, instead of the provisions hereof in such particular circumstance, we shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law and in no event shall such damages or liability exceed twenty pounds (£20).

Concerning the Site:

You understand and agree that your use of the Site is at your own sole risk. The Site is provided "as is" and without warranty by us, and, to the maximum extent allowed by applicable law, we expressly disclaim all warranties, express or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, and any warranty of non-infringement. We do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Site with respect to performance, accuracy, reliability, security capability or otherwise. You will not hold us responsible for any damages that result from you accessing (including any software or systems you use to access) the website service or using the Site including, but not limited to, infection by virus, damage to any computer, software or systems or portable devices you use to access the same. No oral or written information or advice given by any person shall create a warranty or a representation from us.

We make no warranty that any particular device or software you use will be compatible with this Site. It is your sole responsibility to ensure that your system(s) will function correctly with this Site.

Under no circumstances shall we be liable for any unauthorised use of the Site or the Products.

Under no circumstances shall we be liable to you for any direct, indirect, consequential, incidental or special damages arising out of your use of or inability to use the Site, even if we have been advised of the possibility of such damages.

14. Third Party Rights

This Agreement is only for the benefit of you and us and no other person can claim a benefit from this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999 which Act shall not apply to this Agreement.

15. Law & Legal Notices

This Agreement and any other terms or documents referred to herein represent your entire agreement with us with respect to your use of this Site. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. English Law governs this Agreement and your use of the Site, and you expressly agree that the English courts shall have exclusive jurisdiction over any claim or dispute between us or relating in any way to your account or your use of this Site.

16. Acknowledgements

You acknowledge that we may change the terms of this Agreement by posting a new Agreement on the Site. You acknowledge that it is your responsibility to check the Site regularly to ascertain if changes have been made and your continued use of the Site after such a change will constitute your acceptance of the changes. By reading this Agreement together with our Privacy and Cookies Policy and continuing to use this Site you acknowledge that you have read, understood and agree to be bound by the Terms and Conditions of this Agreement and by our Privacy and Cookies Policy available on our website www.totalley.com