TERMS OF SERVICE

Overview.

Thank you for taking the time to read Tomoko’s terms. By using this website or placing an order with us, either by telephone or through our website, www.tomokocafe.co.uk, you agree to be bound by these terms. If you have any questions regarding these terms, please contact us using the contact details below.

Information about us and how to contact us.

Who we are. We are Sunny & Bay Limited (t/a Tomoko) a company registered in England. Our company registration number is 13319622 and our office registered address is 353 Ashley Road, Poole, Dorset, BH14 0AR.

How to contact us. You can contact us by telephoning us on 01202 986330 or by writing to us at hello@tomokocafe.co.uk or 353 Ashley Road, Poole Dorset, BH14 0AR.

1. Our contract with you.

When you place an order with us, your order is classed as an offer which, if accepted by us, will result in a binding contract. Acceptance of your order will take place when we email you to accept it at which point a contract will come into existence between you and us. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

We will not be responsible for delays, damages, or issues with quality (flavour or condition) of any orders placed that are forwarded on from the shipping address given upon checkout.

2. Product description and substitution.

Products and packaging may vary slightly from pictures. The images of products on our website are for illustrative purposes only.

3. Your right to make changes.

If you wish to make a change to the product you have ordered, please contact us and we will let you know if the change is acceptable. If it is possible we will let you know about any changes to the price of your order, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If you would like to make changes to a gift subscription please contact us 48 hours before this is due to be dispatched. More information about the delivery schedule for gift subscriptions can be found here.

4. Delivery.

It’s always best if someone is available to receive the delivery. If we are aware of a delay, we will attempt to contact you and minimise any disruption. You may also be contacted by the courier company directly. Please note that any parcels sent via Royal Mail are not tracked and therefore we cannot monitor any delays.

The product will be your responsibility from the time we deliver the product to the address you have given us, or in accordance with the alternative delivery instruction you have provided. You own the product once we have accepted your order and received payment in full.

5. Quality concerns.

We take great pride in the quality and condition of our products and it should reach you in the best possible condition. When you receive your order, please remove all external wrapping, check the products are undamaged and that the correct products have been supplied in the right quantities. If you aren’t happy with what you find, please call us, and if possible, email pictures to hello@tomokocafe.co.uk. We will do our best to put it right.

Where an intermediary address is used, Tomoko will not be responsible for delays, damages, or issues with quality (flavour or condition) of any orders placed that are forwarded on from the shipping address given upon checkout.

6. Your rights for any other items.

Our policy lasts 14 days. If 14 days have passed since your purchase, unfortunately we can’t offer you a refund or exchange. Find out more at gov.uk/accepting-returns-and-giving-refunds.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. 

Several types of goods are exempt from being returned:

  • Gift cards 
  • Food
  • Magazines or newspapers
  • Personal care items 

We only replace items if they are defective or damaged. Please contact us, and if possible, email pictures to hello@tomokocafe.co.uk We will do our best to put it right. 

To complete your return, we require a receipt or proof of purchase. Please check ‘Exchange’.

Please do not send your purchase back to the manufacturer. 

7. Sale items (if applicable).

Only regular priced items may be refunded. Unfortunately sale items cannot be refunded. 

8. Refunds (if applicable).

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. 

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 14 days. 

9. Late or missing refunds (if applicable).

It may take some time before your refund is officially posted. Please contact your bank to check refunds processing time. 

If you’ve done this and you still have not received your refund yet, please contact us at hello@tomokocafe.co.uk.

10. Exchange.

If you need to exchange a damaged item, contact us by email at hello@tomokocafe.co.uk and send your item to: 353 Ashley Road, Poole, Dorset, BH14 0AR.

You will be responsible for paying for your own shipping costs when returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. 

Depending on where you live, the time it may take for your exchanged product to reach you may vary. 

If you are shipping an item over £20, you should consider using a trackable shipping service or purchasing shipping insurance. We can’t guarantee that we will receive your returned item.

Please note that items purchased online cannot be returned to our shop.

11. Intellectual property rights.

We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy or reproduce part or all of the contents of the website in any form including, without limitation, its incorporation into or store in any other website, electronic retrieval system, publication or other work (whether hard copy, electronic or other) without our express permission.

12. User accounts.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

13. Privacy.

Sunny & Bay Limited (t/a Tomoko), 353 Ashley Road, Poole, Dorset, BH14 0AR is the data controller for the purpose of the Data Protection Act 1998.

By preceding to use our website you consent that we may process the personal data (including sensitive personal data) that we collect from you in accordance with our privacy policy. In particular we will use information we hold about you for the purposes of fulfilling orders. Please address any questions, comments and requests regarding our data processing practices to hello@tomokocafe.co.uk.

14. Changes to the website.

We may update our website and these terms and conditions from time to time, and may change the content at any time. We do not guarantee that our website, or any content on it, will be free from errors or omissions.

15. Governing law.

These terms are governed by the laws of England and Wales. For the avoidance of doubt, if you live in Scotland, Northern Ireland or Wales, you can bring legal proceedings in respect of the products in either your local courts, or the English courts.