Updated January 2007

· It is not always possible to print the exact quantity ordered, that an overrun or under run of no more than 10% to be invoiced pro-rata is acceptable as fulfilment of the order. Prices correct at time of press, prices subject to change without notice, prices exclude VAT/Local Taxes.

· The colour dots/descriptions are to act as a guide and are therefore not guaranteed to be the exact colour of the item. But our optimum goal is to match the client’s choice of colour.

· Logos shown on this website are for display purposes only and do not necessarily indicate that TigerToe have supplied the item to the owners of the logo or that the company has endorsed the product concerned.  

1            Application of Conditions

1.1       The Seller shall sell and the Buyer shall purchase the Goods in accordance with any quotation or offer of the Seller which is accepted by the Buyer, or any order of the Buyer which is accepted by the Seller.

1.2       These Conditions shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer. 

2            Interpretation

2.1       In these Terms and Conditions the following words have the following meaning:- 

"Business Day"                  means any day other than a Saturday, Sunday or bank holiday; 

"the Buyer"                        means the person, firm, company, or other organisation purchasing the Goods who accepts a quotation or offer of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller; 

“Calendar Day”                 means any day of the year; 

"the Contract"                    means the agreements between the Seller and the Buyer for the purchase of the Goods and incorporating these terms and conditions any special conditions detailed in the Order or on the Website; 

"these Condition"              means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller; 

"the Delivery Date              means the date on which the Goods are to be delivered as stipulated in the Buyer's order and accepted by the Seller; 

"the Goods"                       means the goods (including any instalment of the goods or any parts for them) which the Seller is to supply or procure in accordance with these Conditions and purchased by the Buyer on the terms of the Contract as detailed in the Order or on the Website; 

“Order”                             means the purchase order containing details relating to the Goods and the Contract; 

"month"                             means a calendar month; 

"the Seller"                        means Tiger Toe Limited, a company registered in England under Company Number: 5602059 whose registered office is Tiger Toe Limited, Thameside House, 42-52 High Street, Brentford, Middlesex, TW8 0BB, England, UK; 

“Intellectual Property”       means any and all trade marks, registered or unregistered design rights, UK or foreign patents, copyright, confidential information, trade or business names, database rights, know how, technology and other intellectual property rights (and any applications for the foregoing) whether registerable or not in any country;                                          

“design”                           means any design, logo drawing, specification, printed matter, instructions or information (as appropriate) provided by the Buyer in relation to the Goods; 

“Website”                          means any website operated by the Seller from time to time for the Sale of Goods; 

"writing"                            includes any communications effected by telex, facsimile transmission, electronic mail or any comparable means. 

2.2      Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time. 

2.3      The headings in these Conditions are for convenience only and shall not affect their interpretation.

3            Basis of Sale

3.1      The Seller's employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing.  In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.

3.2      No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and the Seller.

3.3      Sales literature, price lists and other documents issued by the Seller in relation to the Goods are subject to alteration without notice and do not constitute offers to sell the Goods which are capable of acceptance.  An order placed by the Buyer may not be withdrawn cancelled or altered prior to acceptance by the Seller and no contract for the sale of the Goods shall be binding on the Seller unless the Seller has issued a quotation which is expressed to be an offer to sell the goods or has accepted an order placed by the Buyer by whichever is the earlier of:-

3.3.1      the Seller's written acceptance;

3.3.2      delivery of the Goods; or

3.3.3      the Seller's invoice.

3.4      Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

THESE TERMS AND CONDITIONS DO NOT AFFECT THE BUYER’S STATUTORY RIGHTS.

4            Orders and Specifications

4.1      No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in writing by the Seller's authorised representative.

4.2      The specification for the Goods shall be those set out in the Seller's sales documentation unless varied expressly in the Buyer's order (if accepted by the Seller).  The Goods will only be supplied in the minimum units (or multiples) stated in the Seller's price list or in multiples of the sales outer as specified.  Orders received for quantities other than these will be adjusted accordingly, illustrations, photographs or descriptions whether in catalogues, brochures, price lists or other documents issued by the Seller are intended as a guide only and shall not be binding on the Seller.

4.2.1         The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory or regulatory requirements or, where the Goods are to be supplied to the Seller's specification, which do not materially affect their quality or performance.

4.3       No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller on the terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.

4.4       The Buyer warrants that the Design it supplies to the Seller is accurate and free from error. Subject to Clause 4.1, the Seller shall not be liable for any losses, claims, damages, costs or expenses suffered by the Buyer resulting from any error or inaccuracy in such Design.

4.4.1       Where the Seller supplies Goods bearing printed matter for the Design no claim whatsoever shall be made in respect of –

4.4.2       The contents, colouring or position of such Design unless such claim is made within four days after delivery of the first consignment delivered under any Order. No such claim can be accepted if the said contents, Design or position comply with a proof submitted to and approved by the Buyer or the Seller;

4.4.3       Any defective printing after any part of the Goods comprised in any consignment delivered in pursuance of any Order has been used for any purpose whatsoever.

4.5       The Seller reserves the right to establish a minimum order level. The Goods delivered against an Order may vary in accordance with normal trade tolerances from the specifications stated in such Order, and the Buyer shall not be entitled to claim any allowance in respect of such variation.

4.6       The  Seller shall use all reasonable endeavours to deliver the Goods ordered and detailed in the Order but there shall be allowed a variation of up to ten per cent (10%) in the quantity of the Goods per Order. In the event of such variation the Seller reserves the right to increase or decrease the price accordingly.  

5          Price

5.1      The price of the Goods shall be the price listed in the Quotation and Performa Invoice current at the date of acceptance of the Buyer's order or such other price as may be agreed in writing by the Seller and the Buyer.

5.2      Where the Seller has quoted a price for the Goods other than in accordance with the Seller's published price list the price quoted shall be valid for 30 days only or such lesser time as the Seller may specify.

5.3      The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.

5.4      Except as otherwise stated under the terms of any quotation or in any price list of the Seller, and unless otherwise agreed in writing between the Buyer and the Seller, all prices are inclusive of the Seller's charges for packaging and transport.

5.5      The price is exclusive of any applicable value added tax excise, sales or taxes or levies of a similar nature which are imposed or charged by any competent fiscal authority in respect of the Goods, which the Buyer shall be additionally liable to pay to the Seller.

5.6      The Buyer agrees that section 32(3) of the Sale of Goods Act 1979 shall not apply to the Goods sent by the Seller. 

6          Payment

6.1      Subject to any special terms agreed in writing between the Buyer and the Seller, the Seller shall invoice the Buyer for the price of the Goods on confirmation of the order by the Buyer and before shipping of the Goods.

6.2      The Buyer shall pay the price of the Goods (less any discount or credit allowed by the Seller, but without any other deduction credit or set off) within Seven days of the date of the Seller's invoice or otherwise in accordance with such credit term as may have been agreed in writing between the Buyer and the Seller in respect of the Contract.  Payment shall be made on the due date notwithstanding that delivery may not have taken place and/or that the property in the Goods has not passed to the Buyer.  The time for the payment of the price shall be of the essence of the Contract.  Receipts for payment will be issued only upon request.

6.3      All payments shall be made to the Seller by Wire Transfer/Telegraphic Transfer as indicated on the Performa Invoice issued by the Seller.

7          Delivery

7.1      Delivery of the Goods shall be made by the Seller delivering the Goods to the place in the specified in the Buyer's Performa Invoice the Seller's acceptance as the location to which the Goods are to be delivered by the Seller or, if no place of delivery is so specified, by the Buyer collecting the Goods at the Seller's premises at any time after the Seller has notified the Buyer that the Goods are ready for collection.

7.2      The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed by the Seller in writing, and the Seller will not be liable for any loss or damage sustained by the Buyer in consequence of any failure to deliver within such time or by such date or in consequence of the delay howsoever caused. The Goods may be delivered by the Seller in advance of the Delivery Date upon giving reasonable notice to the Buyer.

7.3      Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.

7.4      If the Buyer fails to take delivery of the Goods or any part of them on the Delivery Date and/or fails to provide any instructions, documents, licences, consents or authorisations required to enable the Goods to be delivered on that date, the Seller shall be entitled upon given written notice to the Buyer to store or arrange for the storage of the Goods and then notwithstanding the provision of Condition 10.1 of these Conditions risk in the Goods shall pass to the Buyer, delivery shall be deemed to have taken place and the Buyer shall pay to the Seller all costs and expenses including storage and insurance charges arising from such failure.

7.5      The Purchaser shall notify the Seller of any shortage of or damage to Goods delivered within 4 days of delivery or collection and such notification shall be confirmed in writing by the Buyer within 7 days of delivery. No responsibility whatsoever for such shortages or damages will be accepted by the Seller in the event of failure by the Buyer to notify the Seller of the same within the said period. Goods damaged in transit should not be accepted from the carrier and no credit will be given for or replacements made of Goods accepted from the carrier in a damaged condition.  

8          Risk and Property

8.1      Risk of damage to or loss of the Goods shall pass to the Buyer on delivery.

8.2      Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.

9          Assignment

9.1      The Seller may assign the Contract or any part of it to any person, firm or company. 

9.2      The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Seller.

10       Right to Cancel Orders and to Receive a Refund

10.1    The Buyer may not cancel any Orders for Goods made to the Buyer’s specific requirements. Orders for Goods kept in stock may be cancelled or returned only with the prior written consent of the Company and within 7 days of the Order being placed by the Buyer. In the event of such cancellation the Buyer will be obliged to pay a re-stocking and handling charge and any administration costs involved.

10.2    In respect of any Goods supplied by the Seller but manufactured by third parties, the benefit of warranties or guarantees given to the Seller by such third party manufacturers or suppliers will wherever practicable be passed to the Buyer subject to the terms and conditions upon which they were given by the third party.

10.3    Where the Seller has provided artwork, such artwork shall be approved by the Buyer or those acting on its behalf and no change to the artwork will be accepted once the said artwork has been used in production of any Goods to be supplied to the Buyer unless the Buyer is prepared to accept a variation to the contract price as a result of such change. The Buyer must confirm his acceptance to the variation of the Contract price in writing.

10.4    Except as provided in these Terms and Conditions, all warranties, (whether express or implied by statute or common law or howsoever) including without limitation those of satisfactory quality or of fitness for a particular purpose (even if that purpose is made known expressly or by implication of the Seller) are hereby excluded.

11       GuaranteesThe Seller guarantees all goods against faulty workmanship and manufacturing defects for twelve calendar months from the Delivery Date only.

12       Confidentiality, Publications and Endorsements

12.1   The Buyer undertakes to the Seller that:-

12.1.1           the Buyer will regard as confidential the contract and all information obtained by the Buyer relating to the business and/or products of the Seller and will not use or disclose to any third party such information without the Seller's prior written consent provided that this undertaking shall not apply to information which is in the public domain other than by reason of the Buyer's default;

12.1.2           the Buyer will not use or authorise or permit any other person to use any name, trademark, house mark, emblem or symbol which the Seller is licensed to use or which is owned by the Seller upon any premises note paper visiting cards advertisement or other printed matter or in any other manner whatsoever unless such use shall have been previously authorised in writing by the Seller and (where appropriate) its Licensor;

12.1.3           the Buyer will use all reasonable endeavours to ensure compliance with this Condition by its employees, servants and agents.

12.2      This Condition shall survive the termination of the Contract.

13       Communications

13.1      All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by fax or sent by electronic mail: 

13.1.1       (in case of communications to the Seller) to its registered office or such changed address as shall be notified to the Buyer by the Seller; or

13.1.2       (in the case of the communications to the Buyer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Buyer set out in any document which forms part of the Contract or such other address as shall be notified to the Seller by the Buyer.

13.2    Communications shall be deemed to have been received:

13.2.1       if sent by pre-paid first class post, two Business Days after posting (exclusive of the day of posting); or

13.2.2       if delivered by hand, on the day of delivery; or

13.2.3       if sent by fax or electronic mail on a Business Day prior to 4.00 pm, at the time of transmission and otherwise on the next Business Day.

13.3   Communications addressed to the Seller shall be marked for the attention of the Managing Director, TigerToe Limited. 

14      Intellectual Property

14.1  The Buyer warrants and represents that any Design or instruction furnished or given to the Seller shall not be such as to cause the Seller to infringe any third party Intellectual Property rights. The Buyer shall indemnify and keep indemnified the Seller against any and all claims, actions, costs, expenses (including legal expenses and disbursements) made or brought against the Seller (whether in the UK or elsewhere) in respect of any infringement of any third party Intellectual Property rights as a result of the use of the Design under the Contract.

14.2   The supply of Goods under the Contract shall not confer any rights upon the Buyer to use any of the Seller’s Intellectual Property without the prior written consent of the Seller and at all times such Intellectual Property shall remain the property of the Seller. The supply of Goods under the Contract shall not imply any right to the Buyer to use any Intellectual Property which the Seller may have or any indemnity against infringement of the Intellectual Property rights of third parties by the Seller.

14.3   [No licence is granted to the Buyer in these Terms and Conditions to use any trade mark of the Seller, or its affiliated companies including, without limitation, the trade mark TigerToe.]  

15      Force Majeure

15.1    In the event that either party is prevented from fulfilling its obligations under this Agreement by reason of any supervening event beyond its control including but not limited to war, national emergency, flood, earthquake, strike or lockout (subject to Sub-clause15.2) the party shall not be deemed to be in breach of its obligations under this Agreement. The party shall immediately give notice of this to the other party and must take all reasonable steps to resume performance of its obligations.

15.2      Sub-clause 15.1 shall not apply with respect to strikes and lockouts where such action has been induced by the party so incapacitated.

15.3      Each party shall be liable to pay to the other damages for any breach of this Agreement and all expenses and costs incurred by that party in enforcing its rights under this Agreement.

15.4      If and when the period of such incapacity exceeds six months then this Agreement shall automatically terminate unless the parties first agree otherwise in writing.  

16      Liability

16.1    The Website is provided by the Seller without any warranties or guarantees. The Buyer must bear the risks associated with the use of the Internet. Nothing in this Clause 16 or elsewhere in the Contract is intended to restrict or exclude the Seller’s liability for death or personal injury resulting from negligence, or for fraud or for any other liability or loss forbidden by English law.

16.2    The Seller shall not be liable (whether or not the Seller has been advised of the possibility of such loss) in contract, tort, negligence or otherwise howsoever arising for any claim, damage, loss, costs or expenses (including legal expenses and disbursements) in respect of:

16.2.1       any losses special to the Buyer;

16.2.2       any direct loss of profits;

16.2.3       any direct loss of turnover; and/or

16.2.4       any direct loss of revenue; or

16.2.5       any indirect or consequential loss or damage howsoever caused including without limitation:

(a) any losses special to the Buyer;

(b) any loss of profits;

(c) loss of turnover;

(d) loss of revenue;

(e) loss of business; and/or

(f) loss of data ; and for the avoidance of doubt, the sub-clauses in this Clause 

16.2 are intended and agreed by the Buyer to be severable.

16.3    Subject to Clause 16.1, the aggregate liability of the Seller (whether in contract, tort, negligence or breach of statutory duty or otherwise) to the Buyer for any loss or damage shall be limited to the price of the Goods. The Seller’s total liability in contract, (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to £25,000

16.4    The Buyer shall be liable for and shall indemnify the Seller against any and all expenses, loss, liability or proceedings suffered by a third party arising as a result of or in connection with any act, omission, negligence, and/or breach of the terms of the Contract or otherwise through the default of the Buyer.

16.5    The Seller makes no representation or warranty that the use of the Goods does not infringe the rights of any third party and the Seller accepts no liability in this respect.

17      Default or insolvency of the Buyer

17.1    In the event that:

17.2    the Buyer shall be in breach of any of its obligations under the Contract; or

17.2.1       any distress or execution shall be levied on the Buyer’s property or assets; or

17.2.2       if the Buyer (being an individual or partnership) shall make or offer to make any voluntary arrangement or composition with its creditors or become bankrupt or if any bankruptcy petition be presented against him; or

17.2.3       if the Buyer (being a company) has an administrative receiver or administrator appointed or makes a voluntary arrangement with its creditors or commences to be wound up; or

17.2.4       otherwise if the Buyer fails to pays its debts as and when they fall due; or

17.2.5       such equivalent event in Clauses 15.1 to Clause 15.4 occurs to the Buyer in its local jurisdiction; the Seller at its discretion and without prejudice to any other right or claim may by notice in writing immediately terminate, wholly or in part, the Contract between the Seller and the Buyer or may (without prejudice to the Seller’s rights subsequently to terminate the Contract for the same cause should it so decide) by notice in writing suspend further deliveries of Goods.

18         WaiverNo waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.

19         SeveranceIf any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

20         Third Party RightsA person who is not a party to the Contract shall have no rights under the Contract pursuant to the Contracts (Rights of Third Parties) Act 1999.

21         Consumer RightsThe provisions of these Terms and Conditions are in addition to and do not affect the Buyer’s statutory rights as a consumer.

22      Disputes In the event of any dispute arising between the Seller and the Buyer regarding any omission, matter, act or thing of whatsoever nature arising out of the Contract, then such dispute or difference shall at the option of the Seller only, be referred to such person as the parties may agree to as arbitrator, or failing such agreement as may be appointed on the request of either party by the President at the time being of the Chartered Institute of Arbitrators. Such arbitration shall take place in London or other place as the parties may agree.  

23      HeadingsMarginal notes and headings in these Terms and Conditions shall not form part of the Terms and Conditions and are inserted for ease of reference only.

24      VariationAll variations or modifications to the Contract will only be binding if recorded in writing and signed by the authorised signatories of both parties.

25      Waiver The waiver by the Seller of any right or the failure by the Seller to exercise any right or to insist on the strict performance of any provision of the Contract shall not operate as a waiver of, or preclude any further exercise or enforcement of any other right or provision of the Contract.

26      Severability Each provision of the Contract is severable and distinct from the others. The parties intend that every such provision shall be and remain valid and enforceable to the fullest extent permitted by law. If in any particular case any of these Terms and Conditions shall be held to be invalid or shall not apply to the Contract, the other terms and conditions herein shall continue in full force and effect.

27      Third Party Rights A person who is not a party to the Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

28      Assignment The Buyer may not assign, sub-contract or in any way transfer or dispose any of its rights or obligations under the Contract without the prior written consent of the Seller.

29      Notices

29.1    Any notice required to be served under the Contract shall be served on the Seller at its registered offices in the UK or such other address as the Seller may from time to time notify to the Buyer in writing and on the Buyer at the address in the Order by first class post, registered air mail or by email or facsimile. The Buyer is responsible for notifying the Seller in writing of any change to its address, email address or facsimile number.

29.2    Any such notice served by post shall be deemed to have been served in the case of a destination in the UK two days after the date of despatch and seven days after the date of despatch to any other destination. In the case of service by email, when the email is available to read in the recipient's inbox and in the case of facsimile when the addressee's machine acknowledges receipt thereof, provided that a copy of the notice or communication is also put into the post in accordance with Clause  29.1 within 24 hours following despatch of the initial version.

30      Entire Agreement The Contract contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties. The Buyer acknowledges that in entering into the Contract, it does not do so on the basis of and does not rely on, any representation, warranty or other provision except as expressly provided in the Contract.

31      Governing Law and Jurisdiction These Terms and Conditions and any Contract shall in all respects be governed or construed in accordance with laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.   

This Website is owned and operated by the Company (the Seller), if you have any queries please contact Customer Services at 0845 094 2545