Terms and Conditions
1. About our Terms
1.1 These Terms explain how you may use the www.tomdixon.net website (the Site).
1.2 The Site is operated by Design Research Limited t/a Tom Dixon (we/us/our), a company incorporated in England and Wales with registered company number 04336773. Our registered address is The Coal Office, 1 Bagley Walk, Kings Cross, London, N1C 4PQ. You should read these Terms carefully before using the Site.
1.3 By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.
1.4 If you do not agree with or accept any of these Terms, you should stop using the Site immediately.
2. Your privacy and personal information
3. Using the Site
3.1 The Site is for your personal use only.
3.2 You agree that you are solely responsible for:
3.2.1 all costs and expenses you may incur in relation to your use of the Site; and
3.2.2 keeping your password and other account details confidential.
3.3 The Site is intended for use only by those who can access it from within the UK. If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
3.4 We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at email@example.com.
3.5 As a condition of your use of the Site, you agree to comply with our Acceptable Use terms (see clause 4 below) and our Online terms and conditions for the supply of goods, where applicable.
3.6 We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.
4. Acceptable use
4.1 As a condition of your use of the Site, you agree not to use the Site:
4.1.1 for any purpose that is unlawful under any applicable law or prohibited by these Terms;
4.1.2 to commit any act of fraud;
4.1.3 to distribute viruses or malware or other similar harmful software code;
4.1.4 for purposes of promoting unsolicited advertising or sending spam;
4.1.5 to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
4.1.6 in any manner that disrupts the operation of our Site or business or the website or business of any other entity;
4.1.7 in any manner that harms minors;
4.1.8 to promote any unlawful activity;
4.1.9 to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
4.1.10 to gain unauthorised access to or use of computers, data, systems, accounts or networks; or
4.1.11 to attempt to circumvent password or user authentication methods.
5. Linking and framing
5.1 You may create a link to our Site from another website without our prior written consent provided no such link:
5.1.1 creates a frame or any other browser or border environment around the content of our Site;
5.1.2 implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our Site;
5.1.3 displays any of the trade marks or logos used on our Site without our permission or that of the owner of such trade marks or logos; or
5.1.4 is placed on a website that itself breaches these Terms.
5.2 We reserve the right to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by us to remove any such link.
6. User generated content
6.1 Our Site includes sections where we may feature user-generated content ("UGC") such as photos and comments. We may also feature these on our emails and in our social media posts. In relation to such UGC, we are a mere hosting provider and we are not obliged to monitor or moderate any text, images, video, audio or other multimedia content, information or material and therefore assume no responsibility or liability on the content itself.
6.2 We may remove or edit any UGC to our Site at any time and for any reason.
6.3 By submitting any UGC to the Site, you warrant that you are entitled to do so and such UGC is:
6.3.1 your own original work and lawfully submitted;
6.3.2 factually accurate or your own genuinely held belief;
6.3.3 provided with the necessary consent of any third party;
6.3.4 not defamatory or likely to give rise to an allegation of defamation;
6.3.5 not offensive, obscene, sexually explicit, discriminatory or deceptive; and
6.3.6 unlikely to cause offence, embarrassment or annoyance to others.
6.4 In relation to the UGC provided by you, you grant us an unlimited, exclusive, worldwide, sub-licensable, free of charge license to use such UGC in any way and for any purposes, including but not limited to save, store, copy, reproduce, publish, post, transmit, distribute, display, modify, translate, incorporate in other materials and in any way commercially exploit it. Tom Dixon therefore invites you not to send us any content, item or information that you do not want to become subject to the above terms.
7. Intellectual Property Rights
7.1 The Site and all intellectual property rights in it including but not limited to any content are owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.
7.2 Our trade marks include (amongst others) the word ‘TOM DIXON’, the ‘.TOMDIXON.’ logo, and our product range names (such as ‘BEAT’, ‘MELT’ and ‘TOM DIXON WINGBACK’), as well as other marks which are used as trade marks. These trade marks may be in use and/or registered in more than one country and your use and access of our Site does not give you any rights to use our trade marks.
7.3 All other trade marks are the property of their respective owners.
7.4 All content included on our Site (including, without limitation, the trade marks of Tom Dixon, logos, graphics, text, photos, designs, logos, icons, images, data and software) is the property of Design Research LTD, its affiliates and licensors and as such is protected by international and UK copyright and other intellectual property laws. Any copyright or other intellectual property in these web pages is owned by, or licensed to us. You are absolutely prohibited from reproducing all or any part of the contents of our Site except in accordance with this agreement.
7.5 We grant you the following LIMITED license to copy the contents of our Site:
7.5.1 You may download or print pages from this Site BUT ONLY for your own personal use AND you may not make any modification to them.
7.5.2 You may re-copy, extract or forward pages from our Site to a third party for their personal use only, PROVIDED you:
(a) Do not make any modifications to the extract or pages before re-copying, extracting or forwarding;
(b) Acknowledge that the extract is from our Site;
(c) Include the URL address of our Site on the extract; and
(d) Notify the third party that use and further copying of the extract by them is subject to the terms of this license.
7.6 The following acts are forbidden under the limited license granted to you:
7.6.1 You may not incorporate any part of our Site into any other work or publication, including incorporation into an electronic work, without our prior written consent.
7.6.2 You may not frame our Site within any website controlled by you.
8. Accuracy of information and availability of the Site
8.1 While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.
8.2 We may suspend or terminate operation of the Site at any time as we see fit.
8.3 Site content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
8.4 While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.
9. Links to third party content
9.1 We provide links to other sites and resources provided by third parties only as a convenience to you. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. No mention of any organisation, company or individual, whether on these pages or on other websites to which these pages are linked shall imply any approval or warranty by us as to the standing and capability of such organizations, companies or individuals.
9.2 We take no responsibility for anything that might occur when you visit any other website. When you click on an external or third party link you will leave our Site.
10. Limitation of liability
10.1 Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our servants, agents or employees.
10.2 However, we will not be liable for any loss of revenue, loss of profit, loss of contract, loss of business or any anticipated savings, loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this agreement.
10.3 We also have no liability of any sort (including for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
You agree to indemnify and hold us and our affiliates and agents and our and their respective officers, directors and employees harmless from any claim or demand, including legal fees, made by any third party due to or arising out of your breach of this agreement or your violation of any law or rights of a third party.
12.1 All Tom Dixon online purchases take place in a safe environment using Secure Socket Layer (SSL) secure payment methods along with some card issuer safeguards to protect our customers against fraud. Our software is 100% compliant and up to date.
12.2 We encrypt your credit card information to ensure your transactions with us are private and protected as they travel over the Internet. We accept orders only from web browsers that permit communication through Secure Socket Layer (SSL) technology - this means you cannot inadvertently place an order through an unsecured connection. Most web browsers above version three support this security.
13. Events beyond our control
We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
14. Rights of third parties
No one other than a party to these Terms has any right to enforce any of these Terms.
These Terms are dated 22 October 2019. No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 15. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
16. English law applies to this contract.
Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
TERMS AND CONDITIONS OF SALE
1. Who we are
We are Design Research Limited t/a Tom Dixon (we/us/our), a company incorporated in England and Wales with registered company number 04336773. Our registered address is The Coal Office, 1 Bagley Walk, Kings Cross, London, N1C 4PQ. Our VAT number is GB100104801.
2. Terms and Conditions
These terms, together with any other referenced documents (Terms and Conditions) shall apply when you purchase any product(s) (Products) through the www.tomdixon.net website (Website), in a Tom Dixon store (Store) or by phone within the UK and/or EU. These Terms and Conditions set out:
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law.
Please read these Terms and Conditions before you buy anything on the Website and check that these Terms and Conditions contain nothing that you are unwilling to agree to.
If you do not understand anything contained within these Terms and Conditions and want to talk to us about it, please contact us by sending an email to firstname.lastname@example.org.
We may make changes to these Terms and Conditions without notice to you. Changes will apply to orders placed at the time of, or any time thereafter, such change. It is your responsibility to regularly check these Terms and Conditions and see if any changes have been made.
3. Privacy and Data Protection
4. Ordering Products from us
4.1 This clause explains how a legally binding contract for the sale of Products is formed between you and us when you place an order for such Products via the Website or by phone (Order) or make a purchase in one of our Stores (In-Store Purchase).
4.2 If you are under the age of 18, you must not place an Order for, or make any Purchase of, any Product(s) from us.
Orders via the Website or phone.
4.3 A legally binding contract for the purchase of Products will arise between you and us after you have placed an Order for Products and we have provided an email confirming acceptance of your Order (Confirmation Email). No legally binding contract will arise, and we shall have no obligation to provide Products to you, unless and until we have provided you with a Confirmation Email. For the avoidance of doubt, any written communication merely acknowledging that your Order has been placed and/or received will not constitute a Confirmation Email.
4.4 The Confirmation Email details the Order and the total amount payable. Should there be any error, or you do not receive a Confirmation Email please contact us as soon as possible at email@example.com
4.5 We may refuse to accept your Order for any reason, including but not limited to the following reasons:
4.5.1 the Products are unavailable;
4.5.2 we cannot authorise your payment;
4.5.3 you are not allowed to buy the Products from us;
4.5.4 we are not allowed to sell the Products to you;
4.5.5 you have placed an Order for too many units of Products;
4.5.6 your order has not passed our fraud screening process, or your payment type or card issuer has rejected your order; or
4.5.7 there has been a mistake on the pricing or description of the Products.
4.6 All Orders are subject to availability.
4.7 A legally binding contract governing the purchase of Products from us will arise at the time of you making payment for Products in one of our Stores.
4.8 Upon your In-Store Purchase being made, we will issue you with a receipt of purchase which evidences the price paid for Products and the date of such Purchase.
5. Made-to-order Products
Any made-to-order, customised or bespoke products (Made-to-Order) are subject to additional terms and conditions, please contact us via firstname.lastname@example.org for more information.
6. Descriptions of the Products
6.1 Every effort has been made to reflect Product colours on our Website as accurately as possible. However, due to factors such as differences in screen and device settings, we are unable to guarantee that the colour you will see on your screen or device will accurately reflect the true colour of the Product.
6.2 All drawings, photos, descriptive matter, specifications and advertising displayed on our Website and any descriptions, photos or illustrations contained in our catalogues or brochures are issued and published for the sole purpose of giving an approximate idea of the Products described in them. They will not form part of the contract with you and no warranty or guarantee shall be expressed or implied in the contract with you in this regard.
6.3 If you purchase the same Products under separate orders, we cannot guarantee that the Products supplied will be from the same fabrics or materials batch and therefore may not be an exact colour match.
6.4 All images, descriptions, drawings, specifications and advertising are for the sole use of Tom Dixon and our business partners and not to be used or copied unless authorised.
6.5 Wood, stone and leather are natural materials and as such there are natural variations in the colour, grain and texture over which Tom Dixon has no control and cannot guarantee that the Products you receive will be exactly as the displayed product, website or catalogue image.
6.6 All measurements given are approximate but as accurate as possible.
7. Delivery, returns and refunds
Please view our full Delivery and Returns Policy here.
8. Prices and Payment
8.1 The prices displayed on our Website, by phone and/or in-Store are quoted in local currency where applicable.
8.2 All prices are quoted with applicable local value added tax charges and local duties included, exclusive of delivery charges and packaging, which will be charged at the rates specified during the checkout process. Any orders requested for overseas delivery may be subject to additional duties and charges based on destination and method of shipment.
8.3 We will from time to time apply reductions against the normal prices of selected Products and/or their shipping costs. We may do this by applying promotional codes to the listings of those Products on the Website or in-Store, in which case the deductions will be labelled on the Website or on the Product in-Store and applied automatically at the checkout stage of your purchase transaction.
8.5 Your credit card or debit card will only be charged at the time of you submitting an Order to us (if made via the Website or phone) or at the time of you making payment to us directly (if made in-Store).
9. Discounted Products
9.1 We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though our Website, by phone or in-Store. At the time of being issued with a discount code, you will also be issued with applicable terms and conditions relating to the use of any promotional discount code. By using any discount code provided to you, you agree to use and be bound by such terms and conditions.
9.2 We reserve the right to exclude certain products from promotions and to withdraw a discount code without prior notice.
9.3 Any promotional gift offered by us as part of your purchase of Products is non-returnable and non-refundable.
10. Limit on our responsibility to you
10.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for:
10.1.1 losses that:
(a) were not foreseeable to you and us when the contract was formed; or
(b) that were not caused by any breach on our part;
10.1.2 business losses; and
10.1.3 losses to non-consumers.
11.1 We will try to resolve any disputes with you quickly and efficiently.
11.2 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will let you know that we cannot settle the dispute with you and advise you to seek independent advice in regards to such dispute.
12. Other important terms
12.1 Safety regulations. All products comply with appropriate safety and consumer regulations.
12.2 Assembly. Full assembly instructions are provided within the product packaging on any items that require assembly.
12.3 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation but such a transfer will not affect your rights and our obligations under these Terms and Conditions.
12.4 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
12.7 English law applies to this contract. Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have non-exclusive jurisdiction to settle any such dispute or claim.