Totter + Tumble Terms + Conditions

Is made up of:

We amend these Terms from time to time as set out below. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.

These Terms were most recently updated on 21st December 2023.

These Terms, and any Contract between us, are only in the English language.

INFORMATION ABOUT US

We operate the website www.totterandtumble.co.uk for our UK customers, www.totterandtumble.eu for our EU customers and www.totterandtumble.com for customers in North America.

The parent company is Totter + Tumble Ltd a company registered in England and Wales under company number 11146340. Our VAT number is GB288598815. Our subsidiaries are:

Totter and Tumble LLC is registered in Delaware, US.

Totter and Tumble Ltd (EU) is registered in Amsterdam. 

Contacting us

The easiest way to do this is to email us directly at support@totterandtumble.eu or in reply to your Order Confirmation Email. Please include your Order Number in any communication.

TERMS OF CONTRACT

Making a purchase with Totter + Tumble is governed by our Terms and Conditions. Please take the time to read these, as they include important terms which apply to you. You will not be able to proceed to purchase without agreeing that you have read and agree with these Terms and Conditions.

IF YOU ARE A CONSUMER

This only applies if you are a consumer.

If you are a consumer, you may only purchase Products from our site if you are at least [18] years old.

If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.

These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.

You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation based on any statement in this Contract.

HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

Our shopping pages will guide you through the steps you need to take to place an order with us. Please take the time to read and check your order at each page of the order process and double check your Order Confirmation email.

After you placed an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place when you receive your Dispatch Email.

We will confirm our acceptance to you by sending you an e-mail (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.

If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site. We will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

OUR RIGHT TO VARY THESE TERMS

We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.

Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.

We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:

Changes in relevant laws and regulatory requirements. 

If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

OUR PRODUCTS

The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images. To help our customers, we recommend reading our Design Insider article and trying our Swatch Service before purchase. Costs for returning unwanted products is the responsibility of the customer so we really recommend this first.

The packaging of the Products may vary from that shown on images on our site.

Due to the foam there can be ±2% variation in size and weight of our products. Due to the repeat pattern, we cannot guarantee that the pattern across two playmats would line up.

PAYMENT

You can pay for Products using a debit card, credit card, PayPal or Apple Pay. We accept the following cards: Visa, Mastercard, American Express. This is subject to change without warning.

Payment for the Products, including Preorders, and all applicable delivery charges are taken in advance at the point of Order.

Our website provider and payment providers work hard to detect cases of possible fraud to protect all.

You agree to only use discount codes that you have explicitly been given access to and can provide evidence of the discount code been given by Totter + Tumble staff directly to you for personal use. You agree not to pass on any discount code to any third party without explicit written permission from the staff at Totter + Tumble limited.

YOUR CONSUMER RIGHT OF RETURN AND REFUND

This only applies if you are a consumer.

If you are a consumer, you have a legal right to cancel a Contract [under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013] during the period set out below. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.

Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed.

 The following conditions applying to returns are as follows:

1. All returns must be unused and in their original condition (including all original, inner and outer protective packaging intact and as it arrived to you) - a baby might use it after all. 

2. Returns must be received within 30 days from the Contract starting (when you receive your dispatch email).

If a Product has been delivered to you before you decide to cancel your Contract, unless the Product is faulty or not as described, you will be responsible for the cost of returning the Products to us.

Please note that you must inform us of any imperfections on the playmat within 7 days of receiving it. For Sale items this is 24hours after delivery is recorded.

3. The original shipping costs to you are not refunded.

Orders rejected before delivery to a recipient outside of mainland EU, or returned due to failed delivery and/or collection may have additional costs of an order returned by the courier. These will be deducted from the refund issued. In this case, the cost of shipping an order again, after it is returned to us, is the responsibility of the customer. 

4. Sale items and Vouchers are not be eligible for return.

If you wish to return a playmat, please visit our Returns + Refunds page.

Once we have received your returned order, we will refund you the price you paid for the Products minus any returns charge due. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, or if the goods are received in less than the condition set out in the Returns Condition above.

We endeavour to make any refunds due to you as soon as possible, and within 14 days of receiving your returned product to us, to the original payment method used.

Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

Please note that, a explained in Our Products above, due to differences in how screens convey colour and how lighting effects tone, we cannot accept colour ‘not as described’. Though this will not effect your Right to Cancel and return your order, all associated costs and return criteria apply. We encourage our customers to use our Design Insider and Swatch Service before purchasing.

DISPATCH AND DELIVERY

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

Delivery of an order shall be completed when we deliver the Products to the address captured at checkout and the Products will be your responsibility from that time. You own the Products once we have received payment in full, including all applicable delivery charges. 

Please get in touch via support@totterandtumble.eu if you have any queries.

Mainland Delivery

As a small business we happily subsidise all shipping for our Totter + Tumblers, but please note that free or subsidised returns are not included. If you are unsure which playmat design would be best in your home, we recommend you reading our Design Insider article  first.

You should expect your playmat to be out for delivery within 14 working days of purchase and you will be emailed tracking information so you can keep informed.  This is not guaranteed as this is out of our control.

Your playmat will need to be signed for and actively received by someone at the delivery address.

Taxes, Duties and additional Charges

Please make sure you read all the information below, but here are the key points:

• All Totter + Tumble playmats are listed as the same price for everyone.
• For deliveries to Non-EU addresses, your playmat is zero rated, meaning there is no VAT to reclaim from us.
• Playmats delivered to non-EU will be subject to local taxes, duties and customs charge which are payable by the recipient.
• Playmats delivered to addresses deemed remoted by the couriers, may be liable to a surcharge.
• To help our  Totter + Tumblers, we have subsidised your courier charge.

The Details

Playmats delivered to destinations outside of the mainland EU may be subject to taxes, fees, customs duty, levies or other charges as a result of local legislation or customs formalities. 

The recipient of your order is responsible for all customs formalities for the import of the playmats, and may be required to pay any additional charges for delivery, including import duty, formal customs entry, taxes, levies and other charges that may be levied outside mainland UK.

The recipient of the playmats, not the person placing the order, will typically receive a separate request for payment of these charges when the goods arrive in the country of destination. If you are ordering playmats to be delivered to someone else, please ensure they’re aware that they’ll be responsible for these additional charges. 

Unfortunately, we have no control over these charges and cannot predict what they may be, so we are unable to offer any assistance on these processes. We advise that you check any customs formalities and the import charges applicable in any Non-EU Country before ordering Totter + Tumble playmats to be delivered there.

If the recipient wishes to return the product, they must request a refund of the customs duties and tax directly with their local customs office and must present proof of return.

DELIVERY CHARGES

The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.

Prices for our Products may change from time to time, but changes will not affect any order you have already placed.

The price of a Product includes EU VAT at the applicable current rate chargeable in Amsterdam for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery page.

It is always possible that, despite our best efforts,, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

OUR WARRANTY FOR THE PRODUCTS

Totter + Tumble Playmats come with a one year manufacturer’s warranty from the point of sale. This warranty covers defects in manufacturing discovered while using the product as recommended by the manufacturer. Each playmat is marked with an identification code.

The warranty does not cover normal wear and tear, stains or damage (unintentional or not), including but not exclusively caused by:

• Misuse - such as placing a heavy object/high pressure edge on the mat, or using the playmat for an unintended purpose.
• Abuse and negligence – such as being damaged by* cleaning with a rough surface or through suction such as a hoover or broom, or being cleaned with chemicals such as nail polish removers, acids and alkalines, acetone, bleach etc. We detail the correct care on our Care Guide that arrives with your playmat, on the Care Guide on the website and also in a post-purchase email.
• Totter + Tumble and the manufacturer also cannot take responsibility if damage is caused through improper storage conditions, lightning, or natural disasters, commercial use, or damage to flooring due to improper care. 

• Modification – such as being cut to size.

* Not following our Care Guide

It is understood that Totter + Tumble are best place and have the authority to decide if a product is faulty or if damage has occurred.

To make a claim, the purchaser should email support@totterandtumble.eu with proof of purchase and details of what the problem is, including photos. The purchaser must contact Totter + Tumble within 30 days of the problem arising.

If it is determined by Totter + Tumble that the warranty applies, in the first 6 months a replacement will be offered if in stock and in the second 6 months a 50% refund will be applied. Shipping and transportation fees will not be refunded. Please also refer to our returns policy.

OUR LIABILITY IF YOU ARE A CONSUMER

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 

We do not in any way exclude or limit our liability for:

EVENTS OUTSIDE OUR CONTROL

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 an Event Outside Our Control. An Event Outside Our Control is defined below:

An Event Outside Our Control means any act or event beyond our reasonable control, [including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, or failure of public or private telecommunications networks [or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport].

If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

You may cancel a Contract affected by an Event Outside Our Control [which has continued for more than [30] days]. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

COMMUNICATIONS BETWEEN US

When we refer, in these Terms, to “in writing”, this will include e-mail.

If you are a consumer you may contact us by completing the CONTACT US page on our website or by emailing us directly at support@totterandtumble.eu or in reply to your Order or Dispatch Confirmation Email.

OTHER IMPORTANT TERMS

We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. [We will always notify you by posting on this webpage if this happens.]

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty to the recipient of the gift without needing to ask our consent.

This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty, but we and you will not need their consent to cancel or make any changes to these Terms.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

TERMS OF SERVICE - USE OF OUR SITE

Your use of our site is governed by our Terms and Conditions. Please take the time to read these, as they include important terms which apply to you.

SECTION 1 - ONLINE STORE TERMS

By using our site you are agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties, such as in our Articles and email marketing materials.

Third-party links may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which is contained below.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Totter and Tumble, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Totter and Tumble and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Great Britain and pertaining to our companies registered address of 114 Wellfield Road London GB SW162BU.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.