1.0 INTRODUCTION

If you place an order through our website www.torpo.co.uk or purchase from Torpo Ltd in any form, these Terms and Conditions are binding. Upon confirmation of acceptance of the order a contract of sale will be executed between you and Torpo Ltd company number 11585483 with its registered office at Torpo Ltd, 54D, Frome Road, Bradford-on-Avon, Wiltshire, BA15 1LA, United Kingdom. This contract will be governed by these Terms and Conditions of Sale, referred to as Purchase Terms, detailed below.

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2.0 PURCHASE TERMS

Please read these Purchase Terms before ordering from our website or purchasing from Torpo Ltd.

2.1 Timescale:

These Purchase Terms apply to all offers and contracts relating to the sale and delivery of Products by us. As such, you agree to these Purchase Terms when you; a. order anything from our website sales platform (known here as the ‘Web Platform’); b. order any Products from any web page which directly relates to this website, or; c. if you accept an offer of sale from us. You may only vary these purchase Terms after firstly agreeing in writing with us.

2.2 Products:

Anything sold through this website by us is referred to as a Product, whether made by us or by a third-party company. All Products are subject to availability and although we endeavour to have all items in stock, a Product shown on the Web Platform may not be available for purchase.

In the case of Offers or Limited Edition Products, there may be a limit imposed on the number of such products available per customer. These restrictions will be highlighted on the Web Platform at the time of the Offer.

Torpo Ltd is not liable for minor differences in the colour and other variations in the product are possible as a result of different display technologies, different image acquisition or other technical reasons. Small burrs are likely during the moulding process. These will not affect the function or overall quality of the product. Also, no rights can be derived from typing errors, product descriptions or manifest errors on the Web Platform.

2.3 Requirements:

Purchasers must be a minimum of 16 years of age to buy Products from the Web Platform. The purchaser guarantees to us that information you provide in the request or purchase order is accurate and complete.

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Only consumers, not resellers, may order on the Web Platform. Resellers should contact Torpo Ltd directly to negotiate a sales agreement.

 

2.4 Contract conclusion:

The information below refers to all types of products sold on the Web Platform. All information on the Web Platform is not an offer or binding contract. You agree that your order is an offer to purchase the Products listed in your order. All orders submitted by you are subject to acceptance by us. We are entitled to check an order in advance at all times and/or to refuse to accept an order without providing reasons and with no liability to you or to any third party. If we do not confirm acceptance of your order within ten (10) working days, then it is deemed to have been refused.

 

We may choose not to accept your order at our discretion in the following, but not exclusive to the following, cases:

 

If we cannot obtain authorisation of your payment;

If products are no longer available, even though they may be shown on the Web Platform; 

If shipping restrictions apply to a product;

If we know or reasonably suspect that an order was made with the involvement or assistance of any software, robot, crawler, spider or other automated method or device.

If a Product is shown on the Web Platform which contains a manifest error such as being wrongly described or priced;

If we are unable to process your order for technical reasons.

 

We reserve the right to cancel the order for any of the reasons above. In this case any money paid to us for such orders will be refunded

 

In the case that we do not accept all (or part of) your order, we shall be entitled to cancel all (or part of) your order without incurring any liability towards you or a third party. If we do need to cancel your order, we will of course refund any money paid to us for (or part of) the cancelled order.

 

After your order has been placed, we will send an acknowledgement email with your order number and details of your order including details of delivery services paid for or agreed. 

 

Acceptance of your order will not form a purchase contract between yourself and Torpo Ltd until either you receive a confirmation email that the Products have been shipped to you from our warehouse, or you receive confirmation from the Shipping company that you can collect the Product(s) if this is your chosen option from the Web Platform or if that is the method of delivery in your country.

 

2.5 Price:

The stated prices include VAT in the UK. Unless stated otherwise on the Web Platform or elsewhere, prices quoted are in British Pounds Sterling (GBP£). Torpo Ltd reserves the right to make price changes prior to an order placed by you.

We reserve the right to limit, change or end any special offers or discounts at any time.

We may charge delivery costs as indicated in the Shop section of the Web Platform. These delivery costs may vary for different products and for delivery to different regions and countries. Any delivery costs will be highlighted and charged separately, itemised and added to the total amount of the order for your Product(s). Delivery will be completed by a third-party supplier. The terms and conditions of the third-party delivery supplier will be found on the link to their respective websites.

It is the responsibility of the purchaser to pay any additional import duty imposed at a local or national level on import of the product. This duty may not be included in the Purchase price or delivery cost of the Product.

 

2.6 Agreement:

These Terms and Conditions, alongside our current Web Platform prices, delivery details, contact details and privacy policy set out the entire agreement relating to the supply of Products to you by us. Nothing said by any sales person acting on our behalf may vary these Terms and Conditions of sale. Unless there is fraud or fraudulent misrepresentation, we have no liability for any such misrepresentation being untrue or misleading.

 

2.7 Methods of Payment:

Please check the Shop section of the Web Platform for details of payment methods available. We make payment widely available in a range of currencies across the world. 

 

2.8 Product maintenance:

Please note Product maintenance contained within the user guide. We are not liable for damage or deterioration of the Product caused by misuse and handling contrary to the User instructions.

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2.9 Retention of Title:

All Products remain the property of Torpo Ltd until all money is paid for the Product, including any extra delivery costs. You may not dispose of or sell any Product before full title has transferred to you.

 

2.10 Order Cancellation:

To cancel your order, please follow the process below. To make sure you receive your items straight away, we start processing your order as soon as we receive it. Hence once your order has been placed, you will not be unable to cancel it. Please use the TORPO Return Form and TORPO Return Label included in the packaging to return any unwanted items. If you choose to cancel your order within 14 days exercising your statutory right to cancel, send an email to customerservices@torpo.co.uk, or write to us at the address given at the bottom of these Terms, stating that you are exercising your statutory right to cancel.

 

Our returns procedure does not affect your statutory rights. If you ordered a product via the Torpo.co.uk website, you have a Statutory Right to Cancel your order up to 14 days after your receipt of the order. 

 

If you exercise your Statutory Right to Cancel, we will provide a full refund on the price paid for the product. If you have cancelled your entire order, we will also refund your original delivery charge. If you only cancel part of your order and only return some of the goods delivered to you, the original delivery charge will not be refunded.

 

If you fail to return the product after exercising your statutory right to cancel, we reserve the right to charge you for collection of the goods. Where you exercise your right to cancel within the allowed 14 day period, you should return the product to us without delay and no later than 14 days after the day which you inform us in writing of your intention to cancel the contract. 

 

We will refund the cost of the rejected product and the cost of the standard delivery charge within 14 days of receiving the returned product. If there is any deterioration to the value of the product by your handling, then we reserve the right to reduce the amount of refund to the lower value of the product.

 

2.11 Returns Procedure:

You can return new, unused and unworn TORPO products within 45 days from the date on which the goods were shipped to you. Your right to exchange or return products is separate from your statutory right to cancel your order or reject faulty goods (see below).

 

To return a product, please complete the returns form and place it with the unused product in the original packaging with any leaflets, labels and tags still attached.  Then place the TORPO Returns label (found alongside the product within the packaging) over the top of your original address label. If you do not have a returns label, please contact customerservices@torpo.co.uk. We recommend you return your product by taking to your nearest Post Office and using an insured parcel service.  Whichever method you choose, obtain proof of postage, which you need to keep.

 

If you are returning goods for exchange or return, no extra delivery charge will be added. 

 

If you are returning a damaged, faulty or incorrect product, please first contact customerservices@torpo.co.uk, before returning the product as described above. We should be informed of the faulty or damaged product within 30 days of delivery to you in order for you to receive a full refund. After this we will offer to replace or repair the product. 

 

We will not refund your original delivery charge in case of returns or exchanges. You will only be reimbursed your original delivery charge when you exercise your statutory right to cancel or reject faulty goods as described in the procedure below.

 

You will not be liable for our delivery costs if products are sent to you as exchanges.

 

In the case of return products, you will only be refunded the value of the goods ordered.

 

Return costs and subsequent delivery costs will only be paid by us if the return is a result of our error or the product is damaged or faulty.

 

Please note that free returns can only be used to return products purchased directly from Torpo.co.uk. If you have purchased a TORPO product from another retailer and would like a refund or exchange, please return the product to that retailer. If the product is faulty, please also return to the retailer. If they won’t accept your return then contact us at customerservices@torpo.co.uk, and one of our team will be happy to assist you.

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2.12 Delivery

If you are missing part of my order or the products delivered are incorrect, firstly please check the Order section of your TORPO account. This shows your latest purchase, size and quantity. Check the confirmation email sent to you. If there is then a problem, please email customerservices@torpo.co.uk, detailing the problem. Include your name, address, date of order, quantity of order and products ordered. One of our team will be happy to help.

 

If your TORPO product is damaged or faulty, we are very sorry you have a problem with your TORPO item. Please contact our customer service team who will rectify the problem as soon as possible, either replacing your item or reimbursing you. See also returns information below. Please email customerservices@torpo.co.uk, detailing the problem. Include your name, address, date of order, quantity of order and products ordered, along with the fault or damage to the item.

 

If you have a problem with the delivery time, a missed delivery, an item left in the wrong location or a damaged delivery, please initially refer to the Help page of the delivery supplier. If they are unable to help or you have any other questions regarding the delivery, then contact customerservices@torpo.co.uk.

 

If your delivery hasn’t arrived within the stated timescale, please check if you have received a dispatch email (including Junk folders). If you have, then the product should be on its way to you very soon. If you haven’t received a dispatch email, then your order is still safely with us and awaiting delivery.

Our standard UK delivery option takes 48 hours from the order being placed, but can take longer in busy times. Firstly, check your Hermes tracking number on their website. If your order has not arrived within 5 working days then please get in touch with us at customerservices@torpo.co.uk.

 

If you ordered using the fast, next day delivery method, as long as you ordered before 2.00pm (GMT) the order should arrive the following day. In busy times, it can take an extra day or two for delivery. Please check the DX tracking of your order. Any further problems and if your order has not arrived within this time, then please contact customerservices@torpo.co.uk.

 

3.0 IMAGE RIGHTS

 

In addition to the terms set out below, Torpo retains the rights to all of its trademarks, copyrights and any and all of the content displayed on the Web Platform and on any documentation including but not limited to photographs, graphics, text, images, moving images, sound and illustrations is owned by Torpo Ltd, its vendors, agents, licensors and/or its content providers. If you interact with any of our social media accounts (including but not limited to Facebook, Instagram, Twitter, Pinterest, YouTube and Vimeo), we might request use of your imagery and text across our social media accounts, our Web Platform and our partner platforms and accounts. If you interact with our social media accounts we retain the right to restrict access if there is any sign of abuse of the platforms or of users of them.

 

You are liable for the accuracy, currency and completeness of any information shared across any of our accounts or platforms, and for avoidance of any abusive, indecent, libellous, defamatory, vulgar, obscene, threatening, harmful, harassing, hateful, prejudicial or otherwise objectionable text, sound or images.

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4.0 USE OF THE WEB PLATFORM

 

4.1 Introduction:

These Terms of Use apply to your access to and use of the Web Platform (website), including ‘Software’ contained in the Web Platform. Your access to and use of the Web Platform and the information, materials, products and services available through the Web Platform are subject to these Terms of Use.

Please read these Terms of Use carefully before using the Web Platform and by such reading accept that Torpo Ltd offer use of this Web Platform without cost. As such, you agree to these Terms of Use.

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If you do not agree to the Terms of Use, please do not use our Web Platform.

4.2 Changes to Terms of Use:

From time to time we may make changes to these Terms of Use if we believe it is necessary to do so (including but not exclusively for legal, regulatory or security reasons). We will give as much notice as possible to changes to these Terms and may communicate such changes either by email or when you connect to the Web Platform.

 

4.3 Accuracy:

Information on the Web Platform should be accurate, current and complete and we will endeavour to keep it as such. Despite our attempt to do this it might not always be kept in this way. We are not required by law to update or maintain any such information. You should not rely on the accuracy of such information and any reliance is at your own risk.

 

4.4 Privacy:

This Privacy Policy describes the method by which we collect information about you and how we use and disclose that information, however it does not supersede your consumer rights. The Privacy Policy is outlined in the link on the Web Platform.

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4.5 Copyright:

All laws which apply to your use of the Web Platform must be complied with. The Web Platform, its content and any rights relating to it shall remain exclusive property of Torpo Ltd unless agreed in writing otherwise. You must not remove any trademark, copyright, or any other proprietary information from material shown on the Web Platform. 

 

Any and all of the content displayed on the Web Platform, including but not limited to photographs, graphics, text, images, moving images, sound and illustrations is owned by Torpo Ltd, its vendors, agents, licensors and/or its content providers.

 

You must not use the Web Platform or any content for any purpose other than as intended, except by express written permission by us. An exception would be if we specifically authorise in the Web Platform the printing, downloading, viewing and playing of documents, video and audio content on the Web Platform only for personal, non-commercial use.

 

You must not modify any of the materials and you must not copy, transmit, distribute, display, perform, license, publish, create derivative works from, transfer or sell any information or work contained on the Web Platform.

 

You must obtain permission before reusing any copyrighted material that is shown on the Web Platform. Under these Terms of Use, the use of any such copyrighted material on any other device is prohibited. 

 

4.6 Trademarks:

The trademarks ‘Torpo’ and ‘The science of swimming’ are registered trademarks of Torpo Ltd. These trademarks and any trademarks, service marks and trade names of Torpo Ltd used as part of or in connection with the Web Platform are trademarks or registered trademarks of Torpo Ltd. You may not reproduce, copy, upload, republish, transmit, modify or distribute Torpo trademarks in any way, including in advertising or publicity regarding the distribution of materials on the Web Platform, without Torpo Ltd’s specific prior written consent. Use of Torpo trademarks on any other mobile application, website or online service is not allowed.

 

4.7 Software:

The software within the Web Platform provided to you by Torpo Ltd is subject to the following terms. Torpo Ltd grants you a limited, non-transferable and non-exclusive license to use this software solely for the purpose of using the Web Platform. Except as specifically highlighted within these Terms of Use, you may not in whole or in part; a. copy the software; b. distribute copies of the software to any third-party; c. adapt, modify, translate, reverse engineer, make alterations, decompile or make derivative works based on the software; d. loan, sub-lease, rent, sub-license, distribute or try to grant alternative rights to third-parties, or; e. use the software to act as an application service provider, or permit access by any third-party. All or part of the software may be provided and/or owned by third-parties.

 

You may not try to gain unauthorised access to any part or feature of the Web Platform or any system connected to it by any illegitimate or unauthorised means including hacking or password mining.

 

You are not allowed to use any software, crawler, robot, spider, page scraper or any other automated means or device to either access, monitor, copy or affect any element or content of the Web Platform or circumvent the nature of the Web Platform or its content in any way, or to interfere with the working of the Web Platform or any transaction being made on the Web Platform or affect any other person’s use of the Web Platform or to assist any third-party to purchase any product on the Web Platform.

 

4.8 Age restriction:

There is an age restriction of a minimum 16 years old to use the Web Platform.

 

4.9 Your information:

The information you provide about yourself to us and to other users of the Web Platform must be; a. accurate, current and up to date; b. you must not attempt to impersonate another person. If you provide any information about yourself that is untrue or inaccurate, or we have reason to suspect that such information is untrue or inaccurate, then we retain the right to suspend or terminate your account with us, terminate provision of services on the Web Platform and/or refuse any or all current and future use of the Web Platform or any part of.

 

4.10 Continuation or Termination of use of the Web Platform:

We reserve the right at any time, at our sole discretion, either with or without giving notice, to; a. suspend, modify or terminate your access to the Web Platform, or any part of it, or the agreement between you and us based on these Terms of Use for any reason, but not exclusive to, including your violation of these Terms of Use; b. modify or change any part of the Web Platform, or; c. interrupt the regular working of the Web Platform such as is necessary to complete routine or non-routine maintenance, correct errors or make other changes to the Web Platform. 

 

If the agreement between yourself and Torpo Ltd is cancelled for any reason, you must immediately end all activities authorised by these Terms of Use and, if instructed, terminate your use of the Web Platform. Also if instructed, you must immediately delete or remove the Web Platform from your device(s) and immediately destroy all copies of it then in your possession and if requested by us, certify that you have completed this action. Thereby all rights granted to you under these Terms of use shall cease.

 

4.11 Foreseeable damage:

We are only responsible for foreseeable damage and loss to you that is caused by us. Loss or damage is foreseeable if it is either obvious that it will happen or if when you accepted these terms, both you and we knew that it was a possibility that it might happen. We do not limit or exclude in any way our liability to you if it was unlawful to do so. If defective digital content that we have supplied damages your device or the digital content on your device, we will either repair the damage or pay reasonable compensation to you. However, we will not be liable for avoidable damage if you had followed our advice regarding updates, correctly following installation instructions or minimum system requirements.

 

The Web Platform is intended for domestic and private use only. Use by you of the Web Platform for any business, commercial or resale purpose will remove any liability to you for any loss of profit or business.

 

5.0 Contract Enforcement:

We may at any time enforce action taken if the Terms of Use of this contract are broken. A delay in enforcement does not prevent enforcement action being taken at some later stage.

 

5.1 General

 

Contact:

 

If you need to contact about any of the information contained within these Terms and Conditions, or in the unlikely situation that you need to make a complaint, please email customerservices@torpo.co.uk.

 

Alternatively, you can write to us at our registered office:

 

Torpo Customer Services,

54D, Frome Road,

Bradford-on-Avon,

Wiltshire,

BA15 1LA,

United Kingdom.

 

5.2 Amendments:

We reserve the right to alter or make changes to these Terms and Conditions at any time. Please check the latest Torpo Ltd Terms and Conditions from time to time and definitely before making a purchase. The purchase agreement between you and us as well as use of this Web Platform will be subject to the Terms and Conditions in force at the time you place an order or the day you browse the Web Platform, whichever is applicable.

 

5.3 Governing Law:

Any interaction between you as the purchaser or potential purchaser and us, Torpo Ltd, is governed by English law and the courts of England shall have jurisdiction to resolve any disputes between us.

 

In the case of any contradiction between these Torpo Terms and Conditions and any content within any or our other Web Platforms, documents or publications, either electronic or on paper, the Torpo Terms and Conditions detailed here will prevail.

 

Each section of these Terms and Conditions shall be considered differently and independently of each other such that if any section is deemed void or unenforceable, the other sections will still remain valid.

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5.4 Unforeseen Events:

Torpo Ltd will not be held responsible for and delay or failure to comply with our Terms and Conditions set out here if the delay or failure is a result of unforeseen events beyond the control of us.

 

5.5 Sub-contracts:

We reserve the right to transfer, sub-contract, novate or assign all or any of our rights and obligations under Torpo Ltd’s Terms and Conditions, providing that your rights assigned here are not affected. We do not permit you to transfer, sub-contract, novate or assign any of your rights or obligations under Torpo Ltd’s Terms and Conditions without our specific prior written consent.

 

5.6 Data Protection:

Torpo conforms to the latest GDPR requirements regarding individual privacy and information sharing and fully respects the privacy of individuals using the Web Platform. Details of how we use cookies and the information that we collect is contained within our Privacy Policy available through the link on the Web Platform. This policy is incorporated into and forms part of these Torpo Terms and Conditions. By placing a purchase order with us on the Web Platform, you understand and agree that we may collect, use, store and process your personal information in accordance with our Privacy Policy. 

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