We take internet security very seriously and treat your privacy with great respect by taking all reasonable technical and non-technical data protection measures to keep your details safe and only used by us.
The personal details we receive include those that you supply on any part of this website, plus your IP address and the date & time, at the point which you supplied your information or took a particular action.
Your account password is encrypted and not available to anyone, not even us, so if you forgot this, you will need to trigger a forgotten password mechanism to regain access to your account. We do not store bank, credit or debit card details, online or offline in any way.
Aside from personal details, to make your usage of this website as efficient as possible, we store details on orders you make, products in your cart and products you are interested in (ie, favourites), simply to make your usage of this website as helpful as possible.
We also do not sell, rent or lend any of your details to third party companies. We do however reserve the right to make contact with you after you supply your information to us, or include you in the receiving of our informational emails on our services or products, if we believe they may be of interest to you or pertaining to action you take our website.
Should you have any questions or concerns about the privacy of your personal details with us at Tuftop, please get in contact with us.
"The Seller" means Tuftop of Unit R2 Bourton Industrial Park, Bourton-on-the-Water, Gloucs, GL54 2HQ, England
"the Buyer" means the person, firm or company to whom Goods are supplied subject to these Conditions.
"the Goods" means the items or goods supplied by the Seller to the Buyer pursuant to a Contract subject to these Conditions
"the Contract" means any agreement for the purchase of Goods by the Buyer from the Seller
"the Price List" means the Price List from time to time issued by the Seller
Existence of Contract
A binding contract between the Buyer and the Seller shell be created when an order is placed by the Buyer, and such order is accepted in writing by the Seller. The Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order or similar documents. All orders for Goods shall be deemed to be an offer by the Buyer to purchase the Goods pursuant to these Conditions.
No particulars contained in any advertising matter, catalogues or other publications supplied by the Seller nor any verbal representation by any employee or agent of the Seller shall form part of the Contract nor shall they be treated as constituting a representation on the part of the Seller.
Amendments and Cancellation
No alterations of modifications to the Conditions shall be binding on the Seller unless accepted in writing by a Director of the Seller.
The Contract may not be cancelled by the Buyer except with written consent of the Seller.
Minimum Order and Pack Quantities
Where the Buyer orders less than the minimum order quantity for any Goods stated in the Price List the Seller may make an additional charge as stated in the Price List.
The Seller reserves the right to amend orders to the standard pack quantity.
Prices quoted in the Price List are exclusive of VAT (which the Buyer shall be liable to pay) and carriage and subject to variation by the Seller without notice. Carriage will be charged in accordance with the Price List.
The price of the Goods is due not later than thirty days from the date of the Seller's invoice. The Seller reserves the right to close any account or withhold further supplies of the Goods or any other goods to any Buyer who fails to pay within the aforementioned period, without prejudice to any existing rights the Seller may have in respect of any such unpaid invoice.
Interest on unpaid invoices will run from day to day at a rate of 3.5% per month or part month from the date when the payment for the Goods became due and accrue after as well as before judgement. The Buyer will reimburse to the Seller all costs and expenses (including legal costs) incurred in the collection of any overdue amounts.
Delivery of the Goods shall take place at the Buyer's premises as indicated in the Buyer's order.
Times or dates quoted by the Seller for delivery of Goods are intended as estimates only and time is not of the essence of the contract.
The Seller shall not be liable in any way for any direct or indirect loss damage or expense (including loss of profits and liabilities to third parties) suffered or incurred by the Buyer as a consequence of any delay in delivery.
Where the Goods are delivered by installments, the contract shall become severable and each installment shall be deemed to be the subject of a separate contract. No default or failure by the Seller in respect of any one or more installments shall entitle the Buyer to treat the Contract as repudiated or to damages.
If fourteen days after notification by the Seller that the Goods are ready for delivery the Buyer shall have failed to arrange to accept delivery of the Goods, the Seller shall be entitled to arrange storage either at its own premises or elsewhere on the Buyer's behalf and at the buyers risk and expense. The Goods shall be invoiced on the day on which they are put into storage and such Goods shall thereupon be deemed to have been delivered.
Force Majeure. The Seller shall not be liable for failure to deliver the Goods for any reason whatsoever outside the reasonable control of the Seller including without limitation to the generality of the foregoing, industrial action, war, governmental action or regulation, act of God, riots or non-availability of stocks or materials. Any such failure shall not affect the obligation of the Buyer to pay for Goods already delivered.
Property and Risk
Risk in the Goods shall pass to the Buyer on delivery.
Property and ownership in the Goods shall, not withstanding delivery of the Goods to the Buyer, not pass from the Seller until a) the Buyer shall have paid the Seller in full therefore pursuant to Conditions 6 and (b) no other sums are then outstanding from the Buyer to the Seller on any account whatever whether or not such sums have become due for payment.
The Buyer shall, while property of the Goods remains with the Seller pursuant to this Condition 9, hold the Goods on a fiduciary basis only and as bailee only for the Seller. The Buyer shall store the Goods separately from its own goods or those of any other persons in good condition and marked in such a way that they are clearly identifiable as the property of the Seller and shall insure the Good to their full value against "All Risks" to the reasonable satisfaction of the Seller.
In the event that the Seller is entitled to exercise any of the rights under Conditions 11, any right of the Buyer to sell, dispose of, deal with or in any way use goods in which property remains vested in the Seller shall cease forthwith. The Buyer shall immediately place any of the Goods in its possession or under its control at the disposal of the Seller and the Seller shall (without prejudice to any of its other rights and remedies) have the right to re-possess and use such Goods and maybe itself, its servants or agents enter upon any land or building, vehicle or vessel or other place upon which such Goods are reasonably thought to be situated for the purpose of removing any such Goods.
Claims for defects, Damage, Loss or Non-Delivery
The Buyer shall inspect the Goods on delivery and shall within three days thereof notify the Seller and the carrier in writing of any alleged defect, shortage in quantity, damage or failure to comply with description or sample. In such circumstances the Buyer shall give the Seller an opportunity to inspect such Goods within a reasonable time following delivery and before any use is made of them.
The Buyer shall notify the Seller of any none delivery of a whole consignment of complete cartons within seven days of the date of dispatch (as stated on the invoice). Notwithstanding the receipt by the Seller of any such notice, a clear signature on a carrier's delivery advice sheet shall be deemed to signify receipt of the quantity of cartons indicated thereon.
If the Buyer shall fail to comply with the foregoing, the Goods shall be conclusively presumed to be in accordance with the Contract and free from any defect or damage which would be apparent on a reasonable examination of the Goods and the Buyer shall be deemed to have accepted the Goods. If the Buyer establishes to the Sellers responsible satisfaction that the Goods are not in accordance with the Contract or are defective, the Buyers sole remedy in respect thereof shall be limited, as the Seller may elect to making good any shortage, to replacing such Goods or refunding all, or the appropriate part of, the Contract price against the return of the Goods.
The Sellers liability to the Buyer whether for any breach of the Contract or otherwise shall not in any event exceed the contract price and the Seller shall be under no liability for any consequential or indirect loss suffered, or liability to third parties incurred, by the Buyer.
Subject to the provisions of this Condition 10, all warranties and conditions whether implied by statute or otherwise are hereby excluded PROVIDED THAT nothing herein shall restrict or exclude liability for death or personal injury caused by the negligence of the Seller or affect the statutory rights of a Buyer dealing as consumer (as defined in section 12 of the Unfair Contract Terms Act 1977).
Default by the Buyer. If the Buyer fails to make a payment for the Goods in accordance with Condition 6 or otherwise commits a breach of the contract, or if any distress or execution shall be levied upon any of the buyers Goods or if the Buyer offers to make any arrangement with its creditors or commits an act of bankruptcy or if any petition in bankruptcy be presented against the Buyer or the Buyer is unable to pay its debts as they fall due or if being a limited company any resolution or petition to wind up the Buyer (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented or if a receiver, administrator, administrative receiver or manager shall be appointed over the whole or part of the Buyers business or if the Buyer shall suffer any analogous proceedings under foreign law, any sums outstanding in respect of Goods shall become payable immediately. The Seller may in its absolute discretion and without prejudice to any other rights which it may have;
suspend all future deliveries of Goods to the Buyer; and /or
terminate the Contract without liability upon its part; and/or
exercise any of its rights pursuant to Condition 9
Set-off and Counterclaim
The Buyer shall not be entitled to withhold payment of any invoice by reason of any right of set-off or counterclaim which the Buyer may have or allege to have or for any other reason what so ever.
Back Orders. The Seller makes every effort to maintain adequate stocks of all goods in the Price List. In the event of the Seller being out of stock of any Goods the Seller reserves the right either (a) to cancel the contract or (b) to supply part only of the quantity of Goods ordered and to cancel the order of the remainder or (c) to supply such part of the quantity ordered that are in stock and deliver the balance of the quantity of Goods in installments in accordance with clause 7.4.
Trademarks. Unless otherwise agreed in writing all goods shall, if sold packaged, be sold or resold only in the packaging supplied by the Seller and in no case may any trademark other than those applied by the Seller be marked on or applied in relation to the Goods.
Law and Jurisdiction. Those Conditions and any Contract shall be governed in all respects by the laws of England and any dispute here under shall be subject to the exclusive jurisdiction of the English courts.
Notices. Any notices required to be served pursuant to these conditions shall be in writing and served by first class post or by the hand on the Seller at unit R2 Bourton Industrial Park, Bourton on-the-Water, GL54 2HQ or such other address as the Seller may from time to time notify to the buyer and on the Buyer at the address from which the Goods were ordered or if the Buyer is a company at the option of the Seller at the Buyers registered office. A properly addressed notice sent by first class post shall be deemed to have been received two days after the date of its dispatch.
Severance. Any provision or term of these conditions which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision hereof.
Waiver. No waiver or forbearance by the Seller, whether express or implied, in enforcing any of its rights here under shall prejudice its right to do so in the future.
Assignment. The Buyer may not assign, subcontract or in any way dispose of its rights or obligations under the contract without the prior written consent of the Seller.
We ship all of our packages via Courier recorded delivery and aim for delivery within 10 working business days. We only ship to destinations within the UK mainland, orders intended for destinations other than this should refrain from ordering online and contact us to arrange your order and delivery costs.
Mainland England & Wales: Minimum order value £250- (equivalent to carriage paid)
Scotland: £450 - (equivalent to carriage paid) excluding AB, IV, KW, PA postcodes)
Offshore & all UK Islands: Minimum order value £750 - (equivalent to carriage paid)