THUMBS UP LIMITED
Terms and Conditions of Sale for the supply of Products to consumers
These are the terms and conditions, upon which Thumbs Up Limited (we) will sell to you the products (“Products”) listed on thumbsup.com (“This website”). Your purchase of any Products bought online via the Site is subject to these terms and conditions and by placing an order for any Products, you agree to be bound by them. These terms only apply to sales to consumers – if you wish to make any orders of a larger quantity please go to www.thumbsupuk.
If you do not agree to these terms and conditions, please do not purchase any Products.
Defined terms used in these terms and conditions have the same meanings as they are given in our Terms of Service and Use of (B to C) Website unless expressly defined in these terms and conditions.
We may change these terms and conditions from time to time by changing them on This website. By continuing to purchase Products you accept these changes and agree to be bound by them. It is your responsibility to check the terms and conditions each time you purchase any Products from us.
From time to time we may offer special offers or temporary promotions for our Products on This website. These may be subject to additional terms and conditions, which we will let you know about in those offers.
Age of consent
Although you may be able to register as a user of our Site if you are under 16, please note that we do not sell Products to under 16s. If we discover or believe you are not legally entitled to order our products, we shall be entitled to cancel the order immediately, without notice to you.
All Products must be purchased by an adult of 16 or over using their own account details.
By submitting an order, you are confirming to us that you are 16 or over.
Applicability of these terms and conditions
These terms and conditions only apply to the purchase of Products bought online via This website by consumers.
All orders are subject to acceptance by us.
The advertisement of Products on the website is an ‘invitation to treat’ only and any order from you constitutes an offer to us to buy such Products. All orders are subject to acceptance by us. There will be no contract between you and us unless and until we accept your order in accordance with the procedures detailed in these terms and conditions.
How to purchase products from thumbsup.com
You can choose to register with This website, but you do not have to in order to purchase a Product from it. If you do register, it will make the process of making a purchase quicker the next time you use the Site. In registering, you will be providing certain personal information to us.
Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the “commit to buy” button on the checkout page. You will also have to agree to these terms and conditions before you can place your order.
You will then be transferred to our secure third-party payment gateway to process your payment details.
We will then send you an initial order acknowledgement by email and once we have checked whether we are able to meet your order and whether payment has been successful, we will either send you an order confirmation by email (order confirmation) (at which point a contract between you and us shall be formed), or alternatively, we will confirm by email that we are unable to meet your order.
Where we are unable to accept your order due to the requested Products being out of stock or unavailable, we will aim to advise you when we expect the requested Products to be in stock/available and you will be given the opportunity to proceed with the order or receive a full refund. If you want to proceed with the order notwithstanding that there will be a delay in delivery of the Products due to them being out of stock or unavailable, we will send an order confirmation at which point a contract between you and us shall be formed. After entering into the contract, we will be under a legal duty to supply you with Products that are in conformity with the contract.
Once the order confirmation has been sent to you, we will deliver the Products in accordance with the relevant delivery section below.
Your personal information
When you purchase Products from us from This website you will need to provide us with certain personal information to enable us to process your order.
Any personal information which you provide to us when you register with This website or purchase Products must be true, accurate, current and complete in all respects. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use when purchasing Products. You will notify us immediately of any changes to any personal information supplied to us.
- If you have received a promotional voucher from us, only one such promotional voucher code can be redeemed per order.
- Promotional voucher codes are issued from time to time at our discretion. We reserve the right to cancel promotional voucher codes at any time without notice and without giving a reason.
- Only one promotional voucher code can be redeemed against any single order unless stated otherwise. If there is an unused balance of discount or credit remaining on the promotional voucher code, that balance will be extinguished and cannot be redeemed with any other orders.
- Promotional voucher codes cannot be re-used unless otherwise stated.
- Promotional voucher codes have a cash redemption value of 0.001p and are not transferable.
- Promotional voucher codes may not be used in conjunction with any other offer, discount or promotion, unless otherwise stated.
- Promotional voucher codes may not be sold. For the avoidance of doubt, this includes auctions and other online sales.
- Certain Products cannot be purchased with promotional voucher codes. Such Products are clearly marked on their respective Product pages.
- The issuing of promotional voucher codes may be restricted (for example, one per email address). Please see the main platform of promotion for details.
- We offer a 25% off discount for orders above £35 to first time email subscribers. Discounts are not cumulative and therefore cannot be used in conjunction with any other offer/discount/voucher.
Price and payment
All prices are inclusive of VAT where applicable at the current rates.
All total prices include delivery costs.
All prices are correct at the time they are given. Prices and delivery charges are liable to change at any time, but changes will not affect orders for which you have already paid.
This website contains a large number of Products and it is always possible that some of the products listed may be incorrectly priced. We will verify prices as part of our sale procedures so that the correct price will be stated when you pay for the products. We will also confirm the price to you when you submit your order using the telephone. If we discover a manifest error with our prices, then we may cancel your order and refund you.
When making a purchase via thumbsup.com, you can pay using a credit or debit card through our secure third-party payment gateway. All credit/debit card purchases are subject to validation checks (which you consent to) and authorisation by the card issuer. If the issuer of your payment card refuses to or does not for any reason authorise payment to us for a particular purchase, we will not accept your order. Please note that it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
Your order will be fulfilled by the delivery date set out in the order confirmation or, if no delivery date is specified, then within 30 days of the date of the order confirmation or the date the contract between you and us was concluded, unless there are exceptional circumstances. You can read our full Shipping & Returns T&C’s here.
Title and risk
Products ordered will be at our risk until they come into your physical possession or the possession a third party nominated by you to take possession of the Products.
Ownership of the Products will pass to you on delivery, provided we have received full payment of all sums due in respect of the Products, including delivery charges. By placing an order on thumbsup.com, you are authorising us to accept signature from another person at your address on your behalf if you are not present.
Cooling Off Period
If you change your mind about your order which is made by post, telephone or online via our Site, you may cancel your order within 2 hours of your order and up to fourteen (14) days afterwards, beginning on the day after you receive the Products. In this case, you will receive a full refund of the price paid for the product in accordance with our refunds policy (available here).
To cancel (change your mind about) a contract, you must inform us:
in writing, either to the address noted at the end of these terms and conditions or by emailing us at firstname.lastname@example.org giving us your name, address and order reference.
You must also return all Products that you have received to us with the original packaging within fourteen days after the day of notifying us of the cancellation, and at your own cost and risk. Returned Products must clearly show the order number obtained from us on the package and should be sent to the address noted at the end of these terms and conditions.
You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right to deduct the cost of any deterioration from you up to the price of the Product, from the refund to which you are otherwise entitled.
You will not have any right to cancel a contract for the supply of any of the following Products:
perishable items or cosmetic grooming products or other items which cannot be returned for health or hygiene reasons;
any products which become mixed inseparably with other items after their delivery unless in each case such Products were damaged or faulty when delivered to you or have been incorrectly delivered.
To return the Products, you should package the parcel securely (making sure you include a note of your name and address (enclosing any returns slip, if we have provided one) inside the parcel) and then return it to us, either by courier or by recorded delivery mail or other form of certified mail, or if the Products are too bulky to return by mail then by a suitable carrier, to the following address:
Thumbs Up LTD
Braintree Industrial Estate
We advise that you take out enough postal/carriage insurance to cover the value of the contents. Please save your proof of posting/despatch and tracking information until your refund has been processed. You will be responsible for the cost and risk of returning the Products to us, except in the case of items which we substitute if the precise Products you order are not in stock.
Nothing in this section affects your legal rights.
If you cancel a contract between us within the fourteen-day cooling-off period (see clause 8(a) above), we will process the refund due to you as soon as possible and, in any case, within fourteen days after the day on which we receive the Products back or, if earlier, the day on which we receive evidence that you have returned the Products to our return address (see above). We will refund the price of the Product in full, including the cost of standard delivery. However, we will not refund your cost of returning the Products to us.
We will refund any money received from you using the same method originally used by you to pay for your purchase unless otherwise agreed.
If any Product is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving us your name, address and order reference. Nothing in this section affects your legal rights.
It is not possible to describe every detail of the Products available to purchase on the website. Each description is therefore abbreviated and to the best of our ability, is correct at the time of its input onto the Site. Please be aware that the appearance of our Products may vary slightly from the way they appear on your screen. All measurements and sizes are approximate although we make every effort to make them as accurate as possible.
Our rights to withdraw Products
We reserve the right to withdraw any Products offered on the Site or in a publication at any time.
We shall not be liable to anyone for withdrawing any Product from the Site or in a publication or for refusing to accept an order.
Nothing in these terms and conditions shall limit or exclude our liability to you for death or personal injury caused by our negligence or for fraudulent misrepresentation or any other liability that may not, under English law, be limited or excluded.
Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer arising from any contract shall not exceed the purchase price of the relevant Products and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
We shall not be obliged to perform our obligations under this agreement to the extent that we are prevented, hindered or delayed by reason of ‘Force Majeure’ which shall mean any cause or event beyond our reasonable control and including: war, civil war, armed conflict, terrorist attack, riot, civil commotion, malicious damage; compliance with any law or governmental order, strikes, or other industrial disputes, accidents, explosions, breakdowns of plant or machinery, failure of transport links, failure of telecoms links, unavailability of the internet or any utility, fire, flood, storm or adverse weather conditions, epidemic or pandemic, acts of God or failure to perform by our suppliers or sub-contractors.
Our liability to you arising under or in connection with these product terms or arising from or in connection with any breach or non-performance of these product terms no matter how fundamental (including by reason of our negligence) in contract, tort or otherwise in relation to any Product shall be limited to the price you have paid to us for that Product.
If any part of provision of these terms and conditions are found to be unenforceable, this shall not affect the validity of any other part or provision.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. We may assign these terms and conditions or any rights here-under without your consent or notice.
These terms and conditions shall be governed by English law. Subject to the next paragraph, you agree that any dispute between us regarding them or the Site will only be dealt with by the English courts, provided that, if you are a consumer and not a business user and live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
We are required to inform you that The Retail Ombudsman (see www.theretailombudsman.org.uk for more information) is an alternative dispute resolution body to whom we are obliged to refer any dispute that cannot be resolved between you and us. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform: