Terms And Conditions

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.

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

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 customerservices@tomdixon.net.

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.

4.1 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.

5.1 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.

6.1 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.

7.1 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.

8.1 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.

9.1 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.

10.1 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.

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.

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.

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.