1.1 These are the website terms and conditions (“Terms”) of Togs & Towels Limited.
1.2 We operate the website togsandtowels.com (the “Website”).
1.3 This document (together with the documents referred to in it) and our privacy policy and cookies policy provide our Terms, on which we will hire you a linen bundle consisting of towels and bed sheets (the “Products”) as listed on our Website via one of our rolling subscription services (“Services”). You can cancel your subscription at any time 7 days before your chosen or allocated delivery/collection date (“Rolling Cut Off”) as set out in further detail below. Please read these terms and conditions carefully before subscribing to one of our Services. You should understand that by subscribing to one of our Services, you agree to be bound by these Terms
1.4 These Terms were most recently updated on 1 December 2021 and apply to sales to customers.
1.5 If you use our Services after we have published any changes you will be bound by those changes. You should check prior to each use or order to ensure that you understand the precise terms & conditions applicable to your visit to our Website, or purchase.
1.6 You should print a copy of these Terms for future reference.
1.7 Please tick the checkbox in the shopping basket to accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to place an order for any Services advertised on our Website.
1.8 References in these Terms to “our”, “us” or “Togs & Towels Limited” shall mean Togs & Towels Limited, a company registered in England and Wales under company number 13595696, and any of its employees, agents and contractors.
1.9 References to “you”, “your” or “the Customer” shall mean you as customer and user of the Services.
1.10 Words imparting the singular number shall include the plural and vice versa.
1.11 These Terms are strictly between you and Togs & Towels Limited, and do not in any way constitute or imply any relationship with any other parties.
1.12 These Terms may refer to, and supplement, our privacy policy and cookies policy which are available at togsandtowels.com/privacy-policy and togsandtowels.com/cookie-policy (together “Policies”).
1.13 These Terms any of our Policies may be varied by us from time to time. Any revision to our Terms or Policies will be made available at togsandtowels.com, and will apply to the Services from the date of publication. Any use by you of our Services following the publication of revised Terms or Policies will constitute acceptance of such changes.
1.14 We reserve the right to alter prices for the Products and Services at any point.
2.1 Our Website is only intended for use by people residing in the United Kingdom of Great Britain but excluding Northern Ireland (“Serviced Countries”). Unfortunately, we cannot accept orders from individuals outside of these Services Countries at this time.
3.1 By subscribing to our Services through our site, you warrant that:
4.1 All use of our Website and purchases made on this Website are governed by these terms and conditions. After placing an order via our Website, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Products by subscribing to a Service. Subject to our cancellation rights set out in clause 4.5 below, acceptance of your order and completion of the contract between us (the “Contract”) will take place when we dispatch the Products to you. After the Contract has been formed you will be sent a dispatch confirmation (“Dispatch Confirmation”) via email.
4.2 The subscription plan to our Services consist of an initial charge and then followed by recurring period charges as agreed to by you. By entering into this Contract, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to deactivation. Togs & Towels Limited may submit periodic charges without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before Togs & Towels Limited reasonably could act. To terminate your authorisation or change your payment method please contact our customer care team via the various methods detailed on our Website.
4.3 By subscribing to Togs & Towels Limited you are agreeing to pay recurring periodic subscriptions for an indefinite time until deactivated by you or us, on the subscription terms set out in the application form you have completed on our Website. This is subject to variation in accordance with clause 4.5 below. You can deactivate your subscription at any time within the deactivation deadline. You will not be charged for any deactivation. You can re-subscribe at any time following your deactivation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
4.4 Cancelling your subscription is easy. You just need to go to your account area on our Website and follow these steps (this must be completed by 11:59 PM seven days before the following week's delivery):
4.5 If you would like to pause your subscription please contact customer support at support@togsandtowels.com.
4.6 We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision. Such reasons may include (but not limited to) suspicion of fraud.
5.1 Our Products consist of a selected linen bundle that is hired to the Customer for a period of 7 days.
5.2 The images of Product on our Website are for illustrative purposes only. Your Products may differ slightly from those as displayed on our Website. The packaging of Products may also vary from as shown on our Website.
5.3 You are responsible for opening and inspecting the Product upon delivery and storing them correctly.
5.4 By using our Services you agree to all the Customer Obligations as set out in clause 15.
5.5 We accept no liability for any loss, damage or injury arising as a result of the incorrect use, storage or handling of the Product.
5.6 Products are subject to availability and prevailing market conditions. In the event of non-availability of any Products you order, we may offer a reasonable substitute. It is our policy to notify you of any substitute items via email prior to delivery where possible giving you the opportunity to accept or reject the item prior to the point of delivery. If you are not happy with any substitution, please contact our customer support team via the various methods detailed on our Website.
5.7 We offer our Products and Services at different prices depending on the type and quantity of linen that you hire. Please see our Website to view the most recent price list and offers.
5.8 Delivery/Collection of new and used Products will take place simultaneously on a predetermined day and frequency (the “Swap Slot”), except on certain holidays as communicated by us with reasonable notice.
5.9 We reserve the right to amend your Swap Slot subject to prior notice.
5.10 If a Swap Slot is missed due to a Customer being unavailable at the designated time an administration fee of £25.00 will be automatically charged foreach consequent attempt of delivery/collection to your Payment Method.
5.11 If you fail to accept or arrange a new Swap Slot within 7 days of the missed delivery/collection a fee equal to the Bundles weekly cost plus an administration fee of £25.00 will be automatically charged to your Payment Method.
5.12 If you fail to accept or arrange a new Swap Slot within 14 days of the missed delivery/collection a fee equal to the replacement cost of the linen plus an administration fee of £25.00 will be automatically charged to your Payment Method.
6.1 You may deactivate an order, or cancel your subscription at any time. To do so, please follow the steps outlined above in clause 4.4.
6.2 If you wish to cancel your subscription prior to receiving the Product please contact our customer support team via the various methods detailed on our Website prior to 11:59 PM seven days before your delivery date. Your first order cannot be cancelled via your Website account.
7.1 If you have any questions regarding our delivery locations, please contact our customer care team via the various methods detailed on our Website.
7.2 Swap Slots stated on our Website or via Email are an indication, and not a guarantee of delivery within these hours. We reserve the right to deliver your Products at any point on the day of delivery set out in the dispatch confirmation.
7.3 Delivery/collection will be completed when we, or our authorised courier company, deliver the Products to the address you gave us and we collect the used linen bundle.
7.4 If no one is available at your address to deliver/collect our Products, our delivery driver will follow the delivery instructions provided to us by you. If no leave safe instructions are specified or adverse weather conditions would result in damage to the linen, the order will be cancelled and be subject to a cancellation fee of £25.00.
7.5 The leave safe location specified by you shall be within the area of the delivery address and shall be accessible our delivery driver. We will endeavour to follow any delivery instructions you provide but this cannot be guaranteed.
7.6 Our delivery driver may try to contact you on the telephone so that delivery/collection can take place. The delivery driver will use the telephone number associated with your account, which may also be printed on the delivery label, it will be your responsibility to keep all contact information provided to Togs & Towels Limited up to date.
7.7 Togs & Towels Limited’s obligation to deliver your Product shall be fulfilled once the delivery driver delivers the Products at the safe spot specified by you or as considered safe by the delivery driver.
7.8 If Togs & Towels Limited are prevented from delivering/collecting your Products after making reasonable efforts to fulfil the Swap Slot, you will be in default of acceptance and will be subject to a £25.00 administration fee.
7.9 Togs & Towels Limited will not attempt a further delivery. You are obliged to bear all expenses related to aforesaid default of acceptance.
7.10 Togs & Towels Limited reserves the right to change your delivery date with prior notice. If we have left your Products in your safe place, or another place deemed safe by our driver, and they are stolen or damaged, we do not accept liability, but may offer you a refund or other compensation at our complete discretion.
8.1 Once the delivery is completed, according to the preceding paragraph (i.e. signed for by a Customer, left in a safe spot as specified by the Customer or considered safe by the delivery driver) the risk of any damage or loss of the Product will be with the Customer. The Customer shall be held liable for any damage, defect or loss which may occur thereafter.
8.2 You are fully responsible for any damages or losses due to any ambiguity regarding the safe spot specified by you. Togs & Towels Limited is not obliged to review the safe spot as to its general suitability.
8.3 Refusal of the Product does not negate the charge for the Services. Togs & Towels Limited will not be liable for any losses sustained by the Customer relating to a refusal of delivery by our authorised courier company.
8.4 Title and ownership of the Product will at all times remain with Togs & Towels limited. The Products are hired to the Customer as part of the Services and will remain the property of Togs & Towels Limited at all times.
9.1 The price of the Products and delivery charges will be as quoted on our Website when your subscription to the Services is created except for in cases of obvious error.
9.1 All subsequent orders will be the same cost unless a change is made to the subscription by the Customer e.g. amending or customising the Product subscription.
9.2 In all Service Countries Product prices include VAT where applicable.
9.3 Product prices and delivery charges are liable to change at any time, but the changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
9.4 Payment for all Products and Services must be by credit, debit card or via direct debit. We accept payment with Visa and Mastercard, Amex, Discover, Diners, JCB, Apple Pay and Google Pay (“Payment Method”).
9.5 Please note our third party payment providers may make a temporary charge of up to £1.00 GBP against your payment method. This may appear in your transaction history to verify that your card is working but will be automatically refunded once your payment method is verified.
9.6 Payment details are stored securely by a third party to allow recurring payment for future orders. Further details are set out in our privacy policy available on our Website. Togs & Towels Limited does not have access to view your full credit or debit card details.
9.7 Payment is processed at the time of your order.
9.8 Payment for our Services will be processed on a recurring basis (weekly or monthly in accordance with the Customers preference) in advance of delivery/collection of the Products as per the Customers subscription.
9.9 If payment for your order is unsuccessful the Products may still be dispatched and the sale will be deemed to have occurred.
9.10 In such circumstances Togs & Towels Limited will reattempt payment through the recurring payment method.
9.11 It is your responsibility to ensure sufficient funds are available to process the payment for the order or update payment details if required.
9.12 If our third-party payment provider has new card details (e.g. your previous card expired or was lost or stolen) these will be updated on our system automatically in order to process future payments on your subscription.
10.1 If payment is not processed when re-attempted by Togs & Towels Limited we reserve the right to recover the debt through alternative means, either directly or through a third party debt collection agency.
10.2 Togs & Towels Limited may contact you via email, letter, call or SMS to retrieve the funds.
10.3 If you fail to settle the outstanding balance or contact Togs & Towels Limited within seven days of the delivery date we may charge interest to you on the overdue amount at the rate of 6% a year above the base lending rate of our bank at the time the debt was incurred. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any outstanding amount.
10.4 If the payment has not been settled or we do not gain any satisfactory guarantee for payment your contact details and order information may be referred to a third-party debt collection agency. You will be liable for any fees or charges incurred due to this referral.
10.5 We reserve the right to suspend or terminate your service when there is an outstanding balance on your Togs & Towels Limited account.
11.1 If you are unhappy with your Product for a legitimate reason such as: the Product was missing an item of linen, the Product was damaged or did not arrive, we will offer an appropriate refund as long as it can be shown that the Product you were charged for was not supplied as it should have been.
12.1 We warrant to you that any Product purchased from us through our Website will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
13.1 Subject to clause 13.2, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.
13.2 Nothing in this agreement excludes or limits our liability for:
14.1 Togs & Towels Limited commit that we will quality check all our Products and ensure the quality and laundering are as stipulated on the website.
15.1 The Customer shall return the used linen at the next available Swap Slot and in any event no later than 7 days following the original delivery.
15.2 The Customer shall not make or cause to be made any modifications to the hired linen without the prior written consent of Togs & Towels Limited.
15.3 The Customer shall not launder or dry-clean any of the hired linen whilst in their procession.
15.4 The Customer is prohibited from sharing the Products or Services with any other household.
15.5 The Customer agrees to be available on the selected day at the selected time for delivery and simultaneously agrees that upon receiving the fresh bundle the used bundle will be handed back to the Togs & Towels Limited delivery driver. The Customer accepts that failure to return the previous delivery of linen will result in additional charges as outlined in these Terms.
15.6 The Customer undertakes not to allow the hired linen to become permanently spoiled, defaced or used for purposes other than they were intended and is default hereof Togs & Towels Limited shall have the right to regard affected linen as lost and to have remedy under the Terms.
15.7 The Customer further undertakes to take every reasonable precaution to prevent the hired linen becoming infected or contaminated and to notify the Company immediately of any accidental infection or contamination whereupon the Company may have remedy under these terms hereof if the affected linen has to be destroyed.
15.8 If the Customer is concerned about any infected or contaminated linen please contact our customer support team so that a water-soluble infection control bag can be issue to you.
15.9 In the event the Customer fails to adhere to clauses 15.1 to 15.8 the Customer shall be liable for the replacement cost of the hired linen plus an administration fee of £25.00.
16.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
17.1 All notices given by you to us must be addressed to Togs & Towels Limited at our registered office. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 16 above. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an email is sent, or two days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
18.1 The Contract between you and us is binding on you and us and on our respective successors and assignees.
18.2 You may not transfer, assign, charge or otherwise dispose of a Contract or any of your rights or obligations arising under it, without our prior written consent.
18.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
19.1 We are the owner or the licensee of all intellectual property rights in our Website, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
19.2 You may print off one copy, and may download extracts, of any pages from our Website for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.
19.3 If you post comments on the Products or Services to any Website, blog or social media network (Commentary) you must ensure that such commentary represents your fairly-held opinions. By subscribing to the Services you irrevocably authorise us to quote from your commentary on our Website and in any advertising or social media outlets which we may create or contribute to.
20.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
20.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
20.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
21.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
21.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
21.3 No waiver by us of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 16 above.
22.1 If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
23.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
23.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them.
23.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
23.4 Nothing in this clause limits or excludes any liability for fraud.
24.1 We have the right to revise and amend these Terms (including the privacy policy and cookies policy) from time to time without prior notice to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
24.2 You will be subject to the Policies and Terms in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven working days of receipt by you of the Products).
25.1 Contracts for the purchase of Products and Services through our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.