Terms and Conditions

Using this website

You can access and browse our website without disclosing personal information. However, by submitting your data to us you accept that we may process your data in accordance with Tony Cook Limited’s Privacy and Security Policy and the following terms and conditions.

You should read these terms and conditions and all policies shown on our website carefully before ordering from our website before placing every order and understand that by ordering from our website you agree to be bound by them.

You must not use this website inappropriately or in contravention of any laws. You agree not to distribute, upload or publish any material or files that might:

  • be considered defamatory, inaccurate, threatening, offensive, indecent or calculated to incite hatred
  • constitute a breach of confidence, infringe copyright or any other intellectual property right, privacy or any other right of a third party
  • contain viruses or other similar destructive code.

You are responsible for the accuracy of any information you submit to the website.

If you do not agree with any of these terms and conditions and policies you do not have permission to continue using the website and should leave it immediately. Please be aware that if you refuse to accept these terms and conditions and policies you will not be able to order from our website.

Copyright and intellectual property

All website design, text, photography, graphics and their use, unless otherwise indicated, are Copyright © 2008 of Tony Cook Limited, all rights reserved.

Trademarks, service marks or trading names of their respective owners used on this website are the property of their respective owners or us. Any such trademarks are protected by law and you may not use these trademarks.

You may download material from our website for the sole purpose of placing an order with us or using our website as a shopping service.

You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code or software without our prior written consent, except where expressly invited to do so. If you do so without our written consent we may have a right of action against you in law.

About us

This website, www.tonycook.co.uk is a website owned and operated by the Tony Cook Group.
The Tony Cook Group is registered as Tony Cook Limited in England and Wales under company number 01162617 with our registered office at Daisy Hill Road, Burstwick, Hull, East Yorkshire HU12 9HD.

Customer Service Address is Skirlaugh Garden & Aquatic Centre, Hull Road, Skirlaugh, Hull, East Yorkshire HU11 5AH.

Protecting your information

You agree to keep any password used on this website confidential. You agree that we will not be responsible for any activity on this site resulting from a third party gaining access to your password.

Use of your data

Tony Cook Limited is committed to integrity and professionalism in all areas of its services and therefore we take our obligations under the Data Protection Act 1998 (the “Act”) very seriously.

We will give you the opportunity to opt out of receiving marketing information from us at the time we collect your information and you may unsubscribe from our mailing and emailing list at any time.

We will not share your personal details with or pass to third parties save in accordance with our Privacy and Security policy.

We undertake to take reasonable steps, including the implementation of security policies, rules and technical measures, necessary to protect your personal details under our control from unauthorised access, improper use and disclosure, unauthorised destruction or accidental loss.

We aim to protect your data but transmission of data over the internet is ultimately not completely secure. We cannot guarantee the security of data you transmit to us or that which is transmitted from us to you once it has left the security of our website; any transmission is at your own risk. Once we have received your data we use strict procedures and security to attempt to prevent unauthorised access.

Links

Links from our website to other sites are intended solely for your convenience and we are not responsible for any consequences of you linking to another website. The provision of a link is not an endorsement of any other website or its content. We will only provide links that we believe are relevant.

We are happy for other websites to be linked to our website on the condition that you do not imply that we endorse any product or service other than our own; that you do not misrepresent your relationship with us; or present any false information; and that your website does not contain material which is distasteful, offensive or infringes any rights of any person.

Your contract

All orders are subject to acceptance by us at the time payment is received in full and at which stage the contract is formed.

We will charge your credit or debit card at the time of checkout.

We will not accept orders for goods from anyone under the age of 18 years. By using the Website and placing orders for goods, you confirm that you are aged 18 years or over.

Availability of goods

We aim to deliver your order within three working days of receipt. Delivery times may be longer for certain products. Order delivery information is detailed in the product description. For specific information please read our Delivery policy.

If we cannot fulfil your order for any reason we will let you know as soon as possible and provide a full refund or alternative options as detailed more specifically in our Refunds and Disputes policy.

Title to goods

Goods will be at your risk from the time of delivery.

Ownership of the goods will only pass to you when we receive full payment of all monies due in respect of the goods including delivery charges.

Payment Options

We accept the following credit and debit cards: Mastercard, Visa, Electron, Switch, Solo and Visa.

Goods purchased using a credit or debit card will be refunded to the same credit or debit card.

You are responsible for payment of all orders placed using your user name and password.

Prices and Payment

The prices for goods displayed for sale on this site are in Great British Pounds andas set out and are inclusive of VAT. Goods exclusive of VAT are clearly marked and usually apply to trade and account holders only.

The cost of goods is the same regardless of whether paid for using a credit or a debit card.

Delivery will be charged in addition to the price of goods and any such additional charges are clearly displayed where they apply. Delivery is to the UK mainland only and prices and delivery charges displayed are valid and effective only in the United Kingdom.

Your order is not accepted until paid for in full including applicable delivery charges. Once payment is received and confirmed your order will become a legally binding contract between both parties.

We reserve the right not to supply you at our discretion.

Pricing of goods

Prices include VAT except where clearly shown but exclude delivery costs which will be added to the total amount due before you place your order. You are given the option of correcting any errors before you confirm your order to us.

Prices are liable to change at any time. Current prices will be notified at the time of checkout, before you complete payment for the order. Prices changes do not affect orders where you have received an order confirmation or the goods have been delivered.

If we have incorrectly displayed a lower price than the goods normally retail at we will contact you for instructions before dispatching the goods.

Where the actual price is significantly higher than shown on our website and the pricing error is clearly a mistake, for example, the item would normally retail at £1,000 but has been priced in error at £100 we are under no obligation to provide the goods to you at the lower price. In such a case we will refund any monies paid to you or refer you to our Returns and Disputes policy for more detailed information.

If we have incorrectly displayed a higher price, we will confirm the correct price to you and refund the difference to your credit or debit card upon which you have paid for the goods.

Returning goods

We will usually refund any money to the card used to pay for your purchase.

If you discover the goods are faulty, you must notify us within five days of the date of delivery by telephone on 01964 562413, by email to customerservice@tonycook.co.uk or in writing to the address below.

If it becomes apparent within a reasonable period of time after the date of delivery that the goods are defective; that is, it was not readily apparent that there was a defect immediately such as with the purchase of a wedding gift, you should notify us as soon as it is known. To assist the process you should obtain the full name of the person you contact.

If we agree that the goods are faulty and that the fault was not caused by your neglect or misuse of the goods, we will replace or refund the goods including delivery charges and reasonable costs that you have incurred in returning the faulty goods to us.

If we send you incorrect goods, you must notify us as soon as you discover the mistake and within five days of the date of delivery or within a reasonable period by telephone on 01964 562413, by email to customerservice@tonycook.co.uk or in writing to the address below. To assist the process you should obtain the full name of the person you contact.

We may ask that you return the goods to us except in the case of bulky, heavy, dangerous or live goods where we may wish to send a carrier or representative to collect the goods instead. We will notify you of which action we intend to take.

We will then either send you the correct items as soon as we have received the returned goods or refund the price of the goods and all delivery charges and reasonable costs that you have incurred in returning the incorrect goods to us.

The following terms apply:

  • You must take reasonable care of the items whilst they are in your possession.
  • The goods must be unused, as new, in saleable condition and returned with the original product packaging.
  • To ensure safe return we suggest that you get any returned goods signed for.
  • We will refund the purchase price or exchange the goods when we receive the goods back from you in an undamaged state.
  • Where products are returned in store we may ask for identification (proof of ownership) to help combat fraud.

If you find that you have ordered incorrect goods, you should notify us immediately and no later than five days of the date of delivery by telephone on 01964 562413, by email to customerservice@tonycook.co.uk or in writing to the address below. To assist the process you should obtain the full name of the person you contact.

We may be unable to replace or refund items not notified within five days of the date of delivery.

  • You must take reasonable care of the items whilst they are in your possession.
  • The goods must be unused, as new, in saleable condition and returned with the original product packaging.
  • Orders which are made to measure, cut or mixed to your requirements cannot be exchanged or refunded (unless they are faulty).
  • To ensure safe return we suggest that you return any goods using registered post or get them signed for.
  • We will only refund the purchase price or exchange the goods when we receive the goods back from you in an undamaged state.
  • Where products are returned in store we may ask for identification (proof of ownership) to help combat fraud.

We are happy to cancel your order before despatch or within five days of the date of delivery if you change your mind but cancellation does not apply to goods which have been worn, washed and/or otherwise used.

If you wish to cancel an order please inform us by telephone on 01964 562413, by email to customerservice@tonycook.co.uk or in writing to the address below. To assist the process you should obtain the full name of the person you contact.

The following cancellation terms apply:

  • You must take reasonable care of the items whilst they are in your possession.
  • The goods must be unused, as new, in saleable condition and returned with the original product packaging.
  • Orders which are made to measure, cut or mixed to your requirements cannot be exchanged or refunded (unless they are faulty).
  • To ensure safe return we suggest that you return any goods using registered post or get them signed for.
  • We will only refund the purchase price when we receive the goods back from you in an undamaged state.
  • Cancelled orders are returned at your cost.
  • Where products are returned in store we may ask for identification (proof of ownership) to help combat fraud.

If you are unhappy with an item we request that you contact us within five days of the date of delivery either by telephone on 01964 562413, by email to customerservice@tonycook.co.uk or in writing to the address below. To assist the process you should obtain the full name of the person you contact.

We will be happy to discuss the matter so that we can attempt to put things right as quickly as possible. If we agree with your request, we will either replace the item or refund any monies you have paid to us within five days including delivery charges. If we are unable to reach a satisfactory conclusion or you are not happy with our response you have a right to complain to us.

Please refer to our Refunds and Disputes policy for more detailed information.

Liability

We warrant to you that any good purchased from us through our website is of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied except where it has been made clear that the product has a defect, what that defect is and that it is being sold with a defect which affects its ability to perform its purpose.

Liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the item purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

We are not responsible for indirect losses which are not foreseeable by you and us such as, loss of income or revenue, loss of business, loss of profits or contracts or loss of anticipated savings howsoever arising.

Written communication

Applicable laws require that some of the information or communications we send to you should be in writing. We will contact you by e-mail or provide you with information by posting notices on our website.

For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

Notices

All notices given by you to us must be given to Tony Cook Limited at info@tonycook.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order or in any of the ways specified in written communications above.

Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent or three days after the date of posting of any letter.

Transfer of rights and obligations

You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (force majeure).

A force majeure event includes any act, event, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  • Strikes, lock-outs or other industrial action.
  • Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
  • Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
  • Impossibility of the use of public or private telecommunications networks.
  • The acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any contract is deemed to be suspended for the period that the force majeure event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the force majeure event to a close or to find a solution by which our obligations under the contract may be performed despite the force majeure event.

Waiver

If we fail to insist upon strict performance of any of your obligations under this agreement, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Our right to vary these terms and conditions

We may revise and amend these terms and conditions from time to time.

Your contract with us will be subject to the terms and conditions and policies in force at the time that you confirm an order for goods from us, unless any change 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 these terms and conditions and policies before we send you confirmation.

Disclaimer about our website

We do not make any representation or give any warranty or other assurance as to:

  • the operation, reliability, usefulness or functionality of this website or any information on this website;
  • the availability of this website which may be interrupted, restricted or delayed for any reason and at any time;
  • the compatibility or performance of this website with, or its effect on, your computer;
  • this website being free from errors, defects, viruses or other harmful features, programs or devices;
  • the accuracy, suitability or fitness for any particular purpose of any content on this website or accessed through a link on this website.

Entire agreement

Tony Cook Limited intends to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any contract. While we accept responsibility for statements and representations made by our duly authorised agents you should ensure that you ask for any variations from these terms and conditions to be confirmed in writing.

These terms and conditions and all other policies on our website and any claim based on use of information from this web site shall be governed by the laws of England and Wales and you agree to submit to the non-exclusive jurisdiction of the Courts of England.